This week on Legally Speaking with Michael Mulligan: Budway, a Vancouver marijuana store, has been using a logo similar to the Subway sandwich logo. Budway also had a mascot in the form of a submarine sandwich filled with cannabis leaves, with bloodshot, half-open eyes. Subway sued Budway, alleging various breaches of the Trademarks Act. […]
Surrogate mother claims affair and seeks child, Statue, church and totem sentencing, and s. 96 courts
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: After accepting $40,000 for expenses, a surrogate mother is asking to be declared the mother of a four-year-old, and obtain access to the child, on the basis that she claims to have become pregnant as a result of an affair with the child’s father, rather than […]
18-year sentence for an abused woman who killed her husband, SCC Chief Administrator, Hong Kong legal system
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In 1976, when Canada eliminated the death penalty for murder, the compromise was a mandatory life sentence for people convicted of murder. One of the circumstances where mandatory life sentences can result in an excessively long period of time in jail is for people who are […]
Subway vs Budway, Highlands mine in the BCCA, and privacy vs open courts
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Budway, a Vancouver marijuana store, has been using a logo similar to the Subway sandwich logo. Budway also had a mascot in the form of a submarine sandwich filled with cannabis leaves, with bloodshot, half-open eyes. Subway sued Budway, alleging various breaches of the Trademarks Act. […]
Criminal contempt controlled by the court and not AG, oil tank leak bill is okay, and the SCC on child support
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The BC Supreme Court has inherent jurisdiction to control its own process. This includes the authority to find people who breach court orders to be in contempt. The purpose of this is to uphold the rule of law. The rule of law requires people to comply […]
False sexual assault claim gets a discharge and an accused person is not required to explain why a complainant would lie
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Annaca Kobayashi, a 19-year-old woman from Langford, falsely reported to the police that a young man she knows had threatened her with a knife and sexually assaulted her. A police investigation, including a review of a video recording where she claimed to have been threatened with […]
Big Newf and duress, 11 years for carfentanil trafficking, damages for firing an articling student
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Duress is a defence, sometimes referred to as an excuse, for the commission of a criminal offence. The rationale for the defence is the idea of moral involuntariness. These are the requirements for the defence: There must be an explicit or implicit threat of present or […]
Joint sentencing submissions, prosecutorial immunity, and absolute privilege
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Many criminal cases are resolved by way of joint sentencing submissions by Crown and defence counsel. This means that the accused person is agreeing to plead guilty and both lawyers have agreed on what the appropriate sentence should be. The Supreme Court of Canada has held […]
Police COVID roadblocks, Quarantine Act breached by Flat Earth conference attendee, and Small Claims online
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The BC Government has proposed police roadblocks to enforce travel restrictions between health authorities, in order to reduce the spread of COVID-19. Because there are significantly different rates of infection in different parts of the province, this objective is understandable. Unfortunately, contrary to the premier’s assertion […]
Fraudulent mass mailing search warrant, bulk COVID adjournments and unsightly garbage bin acquittal
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The USA and Canada have a treaty that provides for mutual legal assistance in the investigation of criminal matters. Pursuant to this treaty, the Minister of Justice of Canada, at the request of the USA, applied for and obtained a search warrant for two Vancouver companies […]
Duty to defend metal in eye of NHL goalie, 13kg of heroin in the trunk, and a $90K telephone scam
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In August of 2015, Mr. Upton was attempting to straighten a bent metal plate from the steering mechanism of his 1955 Chevrolet Bel Air. He had removed it from the vehicle, placed it on a concrete step in his backyard, and was hitting it with a […]