This week on Legally Speaking with Michael Mulligan: Non-pecuniary damages are compensation for personal injury losses that have not required the outlay of money. The purpose is to compensate injured people for pain, suffering, disability, inconvenience, and loss of enjoyment of life. They are also referred to as compensation for pain and suffering. Such […]
Mental health NCRMD vs fitness for trial and Buzziak murder investigation info still secret
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: All too often, people with serious mental illnesses end up in the criminal justice system when they are not afforded adequate and sustained medical treatment. In a case discussed on the show, a man who had suffered from multiple mental health issues since he was eight […]
Criminal bail vs Mental Health Act detention
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The right not to be denied bail In the context of a judicial review of a decision to compel a patient to continue to receive antipsychotic medication against her will for many years, the difference between bail in a criminal case and involuntary treatment pursuant to […]
Best interest of a dog, Mink Breeders contest phasing out, and a strata fight over a deck
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: A dispute over the adoption of a dog named Maddie ended up in court after the woman who “rescued” and sold her tried to get her puppies back to sell. The dispute involved a woman in Port Alberni who has a business selling dogs that the judge […]
A report on Repeat Offending and Random Stranger Violence in BC
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Report on random stranger violence in BC In response to criticism from mayors and others, a report entitled A Rapid Investigation into Repeat Offending and Random Stranger Violence in British Columbia was prepared. The authors of the report, a retired deputy police chief, and an academic, […]
Woman gets 5.5 years for sexual assault and a School Board suspension of trustees unlawful
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In 2008 the age at which someone can consent to sexual activity was raised from 14 to 16. Some exceptions permit people younger than 16 to consent to sexual activity with someone close in age. A 12- or 13-year-old can consent to sexual activity with someone […]
Non-pecuniary damage awards by juries and prior sexual activity cross examination
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Non-pecuniary damages are compensation for personal injury losses that have not required the outlay of money. The purpose is to compensate injured people for pain, suffering, disability, inconvenience, and loss of enjoyment of life. They are also referred to as compensation for pain and suffering. Such […]
BC COVID rule challenges dismissed, banishment and double jeopardy, and challenging a civil jury notice
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Five different legal challenges to COVID-19 restrictions are all dismissed on the same day. Several of the people who launched legal challenges failed to avail themselves of internal legislative review mechanisms before commencing challenges in court. Before commencing a judicial review, it’s a requirement that someone […]
Promissory estoppel a farm and a $90,000 award for defamatory Google and Yelp reviews
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Promissory estoppel is an equitable doctrine that can protect a claimant’s reasonable reliance on another person’s word. It is intended to avoid unfairness by enforcing promises. In a case discussed on the show, a judge needed to determine if either promissory estoppel or another equitable doctrine called […]
Trespass damages, Caveat Emptor for a house purchase and Charter breach = reduced sentence
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Basement construction results in trespassing When someone trespasses on property by building or installing something on it without permission, damages can be awarded. The amount of such an award will depend on the circumstances: a)nominal damages if the owner had not proven any actual loss b)actual […]
The Liquor Distribution Act monopoly and termination vs abandoning a job
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Protesting the Liquor Distribution Act The British Columbia General Employee Union is picketing government liquor distribution centers. The explanation for this strategic choice can be found in the Liquor Distribution Act, which is the legal basis for how alcohol is sold in British Columbia. The Liquor […]