This week on Legally Speaking with Michael Mulligan: Following 7 days of hearings, with 79 pages of notices of application, responses to applications, and pleadings, 13 affidavits totalling more than 500 pages, 67 authorities, and over 90 pages of written submissions, a BC Supreme Court Judge has concluded that the District of Central Saanich […]
Evicted tenant denied 12 months rent, NCRMD detention upheld, and 4 years for firearms manslaughter
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Only a tiny percentage of contracts ever end up in court. This is because contracts are intended to be agreements both parties wish to enter. If, for example, you agree to purchase a home from someone, both you and the seller presumably want to buy and […]
Manifestly frivolous test, wrongful dismissal claim dismissed, and health records access unconstitutional
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has created a new, very high hurdle for a judge to dismiss applications in criminal cases summarily without allowing the party making the application to call evidence. The case that gave rise to the issue involved an application for a stay […]
Disclosure failure results in wrongful conviction and Crown independent of police
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In 2013, a 28-year-old babysitter, and mother of four, was charged with murder when a 19-month-old drowned in a bathtub. The case against her was based on the opinion of a pathologist who alleged that “there is no benign explanation” for injuries sustained by the child […]
BC NDP misunderstands legislation and lawyers on the lawn, bail conditions and hidden camera class action
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: For many years, the BC government has paid all lawyers working for it on the same basis as contracts negotiated by the union representing Crown Counsel. Recently the government decided to stop doing this. That decision likely increased support for the rest of the lawyers to […]
Eby’s repeated attempts at money laundering charges and eye surgery gone wrong
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: No basis for money laundering charges against Chines gamblers A third charge approval review, ordered by David Eby, comes to the same conclusion as the first two: there is no basis for money laundering charges arising from a large RCMP investigation into cash or casino chips […]
Civil forfeiture for future unlawful activity, sentencing after a jury verdict, and notice of injunction required
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Unlike in the United States, where property rights are constitutionally protected, there is no similar protection in the Canadian Charter. Various provinces, including British Columbia, have set up civil forfeiture regimes that permit property to be seized absent any criminal conviction. Civil forfeiture can occur based […]
A notary avoids liability for an unconscionable home sale by a senior and a tree bylaw can’t stop farming
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Following 7 days of hearings, with 79 pages of notices of application, responses to applications, and pleadings, 13 affidavits totalling more than 500 pages, 67 authorities, and over 90 pages of written submissions, a BC Supreme Court Judge has concluded that the District of Central Saanich […]
Flying Squad sentencing, property tax exemption for religion, and a Gladue sentence appeal
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: A University of Victoria instructor pleaded guilty to criminal contempt for blocking a road by chaining himself to a log. Other people who had been convicted in similar circumstances have been sentenced to a period of probation with 100 hours of community work service. Following the […]
Crown bail policy, strata age and rental restrictions going and housing approval by the province
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In response to political pressure resulting from public disorder and random assaults of strangers, BC Premier Eby announced several policy changes, including some amendments to the Crown Counsel Policy Manual concerning bail. Much of the social disorder and irrational, random assaults of strangers in urban centres […]
Paralegals rather than legal aid, sentences longer that requested, and a municipal recount
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: British Columbia has had inadequate legal aid funding for family and poverty law cases for many years. In 1992 the NDP government imposed a special tax on legal services to fund legal aid. Anyone who hires a lawyer pays this special 7% tax that applies to […]