This week on Legally Speaking with Michael Mulligan: In Canada, murder can be either first or second degree. A conviction for either kind of murder results in a mandatory life sentence. With first-degree murder, however, a person must wait 25 years before they can even ask for parole. For second-degree, the judge can decide […]
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: 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 damages suffered by the owner; […]
The Liquor Distribution Act monopoly and termination vs abandoning a job
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: 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 Distribution Act creates a government […]
Different test for best interest of indigenous children, public interest standing and nuisance bamboo
/in Legal News /by mtp_adminThe week on Legally Speaking with Michael Mulligan: When children are believed to be at risk of harm in British Columbia, they can be apprehended by the director of the Ministry of Children and Families and placed with another family member or into foster care. Pursuant to the Child, Family and Community Service Act, […]
No condom = no consent, when lawyers can’t quit, and unjust enrichment
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Section 273.1(1) of the Criminal Code specifies that a person’s voluntary agreement to “engage in the sexual activity in question” is required. Even where there is consent to sexual activity, it can be legally ineffective in various circumstances, including where the consent is obtained by force, […]
Murder during unlawful confinement, detention and right to a lawyer
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In Canada, murder can be either first or second degree. A conviction for either kind of murder results in a mandatory life sentence. With first-degree murder, however, a person must wait 25 years before they can even ask for parole. For second-degree, the judge can decide […]
Medicare Protection Act constitutional, sentencing for contempt and drugs on appeal
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The British Columbia Medicare Protection Act purports attempts to protect Medicare by prohibiting any doctor from charging any more than what Medicare pays for any service that it covers and effectively prohibiting people from purchasing private insurance for any of these services. These market interventions, combined with […]
A car dealership liable for an accident, ICBC unfairness, and a builder’s lien
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In August of 2018, two sisters were walking their dogs on Central Saanich Road in Saanich BC when a vehicle struck them. One of the women, and her dog, were killed. The other woman survived with devastating injuries. The woman who survived spent a year in […]
Deck litigation, an estate without a will, and criminal jury trials almost back to normal
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Twenty-five years ago, a man and his family moved into a home they had built in the Highlands with only a temporary occupancy permit. A final occupancy permit was never obtained, and the lack of compliance was noted on title. As his wife passed away and […]
A murder conviction appeal, a ban on publication of disclosure material and a drug conviction appeal
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: An appeal in a criminal case does not involve asking the judges hearing the appeal to retry the case. It’s a review of what took place at the original trial. The Court of Appeal can allow an appeal if the verdict at trial was unreasonable and […]
Bill C-21 unintended consequences, no fault and a highway blockade injury and a search warrant quashed
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Bill C-21 proposes various amendments to the Criminal Code and Firearms Act to restrict gun ownership. One part of the legislation is a proposal to freeze the sale or transfer of handguns. This has already had the unintended consequence of causing handgun sales to skyrocket in […]