This week on Legally Speaking with Michael Mulligan: In response to criticism from mayors and others, a report entitled A Rapid Investigation into Repeat Offending and Random Stranger Violence in British Columbia was prepared. The authors of the report, a retired deputy police chief, and an academic, found that in 2021, while there had […]
A report on Repeat Offending and Random Stranger Violence in BC
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In response to criticism from mayors and others, a report entitled A Rapid Investigation into Repeat Offending and Random Stranger Violence in British Columbia was prepared. The authors of the report, a retired deputy police chief, and an academic, found that in 2021, while there had […]
Woman gets 5.5 years for sexual assault and a School Board suspension of trustees unlawful
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In 2008 the age at which someone can consent to sexual activity was raised from 14 to 16. Some exceptions permit people younger than 16 to consent to sexual activity with someone close in age. A 12- or 13-year-old can consent to sexual activity with someone […]
Non-pecuniary damage awards by juries and prior sexual activity cross examination
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Non-pecuniary damages are compensation for personal injury losses that have not required the outlay of money. The purpose is to compensate injured people for pain, suffering, disability, inconvenience, and loss of enjoyment of life. They are also referred to as compensation for pain and suffering. Such […]
BC COVID rule challenges dismissed, banishment and double jeopardy, and challenging a civil jury notice
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Five different legal challenges to COVID-19 restrictions are all dismissed on the same day. Several of the people who launched legal challenges failed to avail themselves of internal legislative review mechanisms before commencing challenges in court. Before commencing a judicial review, it’s a requirement that someone […]
Promissory estoppel a farm and a $90,000 award for defamatory Google and Yelp reviews
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Promissory estoppel is an equitable doctrine that can protect a claimant’s reasonable reliance on another person’s word. It is intended to avoid unfairness by enforcing promises. In a case discussed on the show, a judge needed to determine if either promissory estoppel or another equitable doctrine called […]
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 […]