This week on Legally Speaking with Michael Mulligan: What’s the secret to unlocking more housing supply in municipalities like Oak Bay, Victoria, and Sanich? Today, we uncover the implications of BC Government’s Housing Supply Act and what it means for these targeted municipalities. We discuss the process that the government will undergo to set housing […]
Small Claims Penalties, Arbitration Clauses, and Autopsy Photos
/in Legal News /by mtp_adminDo you ever wonder what happens when a small claims lawsuit is baseless? Unlike in Supreme Court, judges cannot award costs to the successful party in Small Claims Court. Costs are intended to both cover some of the legal and other expenses related to a court case. They can also encourage the settlement of […]
The History of Vagrancy Laws, Applications to Become a Judge Drop, and the Duty to Defend
/in Legal News /by mtp_adminFor most of Canada’s history, vagrancy was a criminal offence. While the wording of the vagrancy laws changed from time to time. As of 1972, there were two different forms of vagrancy. The first form of vagrancy made it a criminal offence to beg or be found in a public place without apparent means […]
Residential Tenancy Award Unreasonable and Consequences for Not Completing a Real Estate Deal
/in Legal News /by mtp_adminDo you know the ins and outs of the Residential Tenancy Act? Join us for an enlightening conversation with Barrister and Solicitor Michael Mulligan as we uncover a recent court decision involving changes to BC’s residential tenancy legislation and how an elderly landlord diagnosed with cancer almost found himself responsible for paying former tenants […]
‘Free Man on the Land’ jailed for a year for contempt and a tainted identification acquittal
/in Legal News /by mtp_adminA man who denied being a human being or being subject to laws turned a wrestling match with RCMP officers into a year in jail for contempt of court following days of nonsense arguments, interruptions, and refusals to behave in court. Find out more as I tackle the case of Rex vs. A Man […]
Suing a Judge changing a charge and being “functus officio”
/in Legal News /by mtp_adminCan you really sue a judge if you’re wrongfully convicted? This episode unpacks the intriguing case of a man who attempted to do just that after his conviction was overturned. We dive into the legal constraints surrounding this scenario and examine Lord Denning’s view that judges should be able to make decisions without fear of […]
The Impact of BC’s Housing Supply Act on Local Governments
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: What’s the secret to unlocking more housing supply in municipalities like Oak Bay, Victoria, and Sanich? Today, we uncover the implications of BC Government’s Housing Supply Act and what it means for these targeted municipalities. We discuss the process that the government will undergo to set housing […]
Evicted tenant denied 12 months rent, NCRMD detention upheld, and 4 years for firearms manslaughter
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Only a tiny percentage of contracts ever end up in court. This is because contracts are intended to be agreements both parties wish to enter. If, for example, you agree to purchase a home from someone, both you and the seller presumably want to buy and […]
Manifestly frivolous test, wrongful dismissal claim dismissed, and health records access unconstitutional
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has created a new, very high hurdle for a judge to dismiss applications in criminal cases summarily without allowing the party making the application to call evidence. The case that gave rise to the issue involved an application for a stay […]
Disclosure failure results in wrongful conviction and Crown independent of police
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In 2013, a 28-year-old babysitter, and mother of four, was charged with murder when a 19-month-old drowned in a bathtub. The case against her was based on the opinion of a pathologist who alleged that “there is no benign explanation” for injuries sustained by the child […]
BC NDP misunderstands legislation and lawyers on the lawn, bail conditions and hidden camera class action
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: For many years, the BC government has paid all lawyers working for it on the same basis as contracts negotiated by the union representing Crown Counsel. Recently the government decided to stop doing this. That decision likely increased support for the rest of the lawyers to […]