This week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be […]
Bitcoin litigation, police authority to stop vehicles has limits, and jurisdiction over a family law case for an international sailing couple
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In 2018 a BC man made an agreement to sell 50 bitcoins for $10,700 each for a total of $535,000. The purchaser didn’t complete the purchase of the bitcoin, so the prospective seller sued. The person who was sued claimed that he didn’t enter into the […]
A neighbour dispute leads to a jackhammered retaining wall and a $16,000 award, Dangerous vs Long-Term Offender classifications, and a costs award against a lawyer
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: A long-running neighbour dispute over garbage, grass clippings, dog feces, a dead snake on a trampoline, and a retaining wall consumes 13 days of court time and results in a $16,000 award. One of the feuding neighbours spray painted and then jackhammered a concrete retaining wall […]
Police Act public inquiry into transit police assault of black UBC student, judicial salaries and cabinet documents, and UBC appeals a $1.15 million Fisheries Act fine
/in Legal News /by mtp_adminIn 2011 a black, 22-year-old, UBC student went to the upper deck of a SkyTrain station to meet a friend. As he was not planning to ride the SkyTrain, he did not purchase a ticket, despite being in a “fare paid” zone. When he received a message from his friend, advising of a change […]
Beacon Hill Park trust conditions and an ICBC employee sells personal information to drug deals who use it to attack the homes of police officers
/in Legal News /by mtp_adminAs a result of the City of Victoria deciding not to enforce a bylaw that prohibits camping in Beacon Hill Park, 78 structures have been erected in the park. Following weeks of complaints from nearby residents, and other people wishing to use the park, the City of Victoria obtained an interim injunction requiring people […]
Resuming jury trials during COVID-19, time limits for police seized evidence, and a Sidney cannabis licence in court
/in Legal News /by mtp_adminJury trials have proven to be the most challenging parts of the justice system in the age of COVID-19. The Court of Appeal has been conducting appeals using Zoom. The Provincial Court has been conducting sentencing and judicial release hearings by telephone conference. Both the Provincial Court, and the Supreme Court, have been utilizing […]
Legal requirements for the police to arrest or detain someone, and AG consent required to prosecute an offence on an international flight
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: When are the police permitted to arrest or detain someone? In the context of discussions concerning unbiased policing and identification checks, various common circumstances that do permit a police officer to arrest or detain someone are discussed: 1) If they have reasonable grounds to believe […]
Children allowed to ride the bus alone, an aboriginal man sentenced to 12 months for marijuana and an ICBC COVID-19 backlog
/in COVID-19, Drugs, Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The British Columbia Court of Appeal finds that the Director of Child, Family and Community Services acted unreasonably, and without authority, in telling a single father that children under 10 years of age could not ride the public bus without supervision. The children that were riding […]
Uber arbitration clause unconscionable, a class action over a price fixing conspiracy, and a costs award for a protracted taxation
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be […]
BC overdose deaths more than double COVID-19 deaths since March, new legislation to detain youth for stabilization, to permit electronic wills and for no fault ICBC insurance
/in COVID-19, Drugs, ICBC, Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: From March to May 2020, the number of people who have died as a result of drug overdoses in British Columbia has been more than double the number of people who have died from COVID-19: 401 vs 164. January COVID-19 deaths: 0 Overdose deaths: 77 February […]
SCC on breaches of bail and social host liability for parents hosting a teenage house party with alcohol
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In a recent decision the Supreme Court of Canada has affirmed that when someone is arrested and charged with an offence, the presumption is that they should be released without the imposition of any conditions. Any conditions of release that are imposed must be clearly articulated, […]