This week on Legally Speaking with Michael Mulligan: The Provincial Court in British Columbia handles 95% of criminal cases, as well as many family law cases, youth, small claims, and ticket disputes. The 2020 / 2021 annual report from the court is discussed on the show. Significant changes during this time include that 77% […]
Criminal contempt sentencing, travel insurance and bad faith and the Crime Victim Assistance Act
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Two men charged with criminal contempt for breaching an injunction prohibiting interference with the construction of the Trans Mountain Pipeline plead guilty and were sentenced. Neither man had a previous criminal record. The first man was a 69-yead old, retired university professor. He had climbed a […]
Murder and a will, fraud by a translator, and a successful family law prototype in Victoria
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: As a matter of public policy, courts will not recognize a benefit accruing to a criminal for his crime. As a result, a murderer cannot collect life insurance or a gift in a will from the person they murdered. A recent BC Supreme Court case considered […]
Issues in the criminal contempt prosecutions from Fairy Creek and a default judgment for defamation
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: More than 400 people are being prosecuted for criminal contempt arising from alleged breaches of an order from the BC Supreme Court that prohibits people from obstructing logging at Fair Creek. This has resulted in some logistical issues with large numbers of accused people requiring legal […]
UN Rights of Indigenous People and child protection legislation and the Crown Counsel Association contract
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The first case discussed on the show involved three First Nations Children who were brought to BC from Saskatchewan to live with their grandmother. The parents of the children were unable to care for them because of ongoing alcohol and substance abuse. Shortly after they arrived […]
Provincial Court report, SCC and a strip search, and a 6 year fentanyl sentence
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Provincial Court in British Columbia handles 95% of criminal cases, as well as many family law cases, youth, small claims, and ticket disputes. The 2020 / 2021 annual report from the court is discussed on the show. Significant changes during this time include that 77% […]
Teal Cedar Products Ltd. vs the Rainforest Flying Squad in the BCCA and a strata dispute over a shared BMW
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The BC Court of Appeal allowed an appeal by Teal Cedar extending an injection against people attempting to physically prevent the company from logging. The original interim injunction was not renewed by a judge because of concerns with respect to how the RCMP was enforcing the […]
Mental health and the criminal law, a PLTC judicial review, and a police officer dismissal upheld on appeal
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: An appeal by a 13-year-old girl who was found to be not criminally responsible as a result of a mental disorder (NCRMD) provides insight into how criminal law deals with mental illness. The girl in question was described as having a childhood that was troubled: a […]
Arrests for blocking a highway and an appeal due to a failure to disclose evidence
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Highway blocking protesters Recently, small groups of protesters have been intentionally blocking highways to get attention for their cause and to compel the government to meet various demands. So far, police have exercised restraint and have attempted to persuade the protesters to move before arresting them. […]
Settlement exception for family mediation, award for dismissal of Caucasian employees and ex-pizza partner competition
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Mediation efforts to resolve civil or family disputes are typically treated as being confidential and can’t be referred to if the case winds up in court. The reason for this is to permit candid discussions and compromise that result in disputes settling before going to trial. […]
Child vaccine legal disputes and gross negligence for not vaccinating all teachers
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The approval of COVID-19 vaccines for children ages 5 – 11 has resulted in family law disputes between separated parents who disagree about getting their children vaccinated. A number of these cases have now been litigated, across Canada, and the consistent outcome has been for court […]