This week on Legally Speaking with Michael Mulligan: Equity is a body of law that was originally developed in the English Court of Chancery. It was distinct from the common law, prior to English reforms in the 1870s. Since then, in England, and other jurisdictions with an English legal tradition including Canada, Australia, and […]
Home search after arrest, parking pass class action dismissed, and no mink ranching
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Section 8 of the Charter provides that everyone has the right to be free from unreasonable search or seizure. A search conducted by the police, without prior judicial authorization, is presumptively unreasonable. One of the exceptions to this principle is that police are permitted to conduct […]
Crib case dismissed for delay, no judicial notice of unceded territory, and court COVID measures ending
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Unlike criminal cases, where there is always a next appearance date scheduled in court until a case is completed, civil cases are generally moved along by the plaintiff. The case discussed on the show involved a civil claim resulting from an apparently defective drop-side crib. The […]
Maple syrup theft, trial choice, contraceptive patch case and role of the Crown
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Criminal Code permits judges to make orders for the forfeiture of the proceeds of crime. When the proceeds of crime are not readily accessible because they cannot be located, have been transferred to a third party, are outside of Canada, or for various other reasons, […]
Legal aid funding, a conviction results in deportation, and a licence plate revoked
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: British Columbia has a special provincial sales tax that applies to all legal bills. It is supposed to be dedicated to funding legal aid. The tax now collects more than twice the amount that is provided for legal aid. The extra, more than $100 million per […]
A trust saves half a house, contempt stay application not screened out, and a warrantless whisky seizure
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Equity is a body of law that was originally developed in the English Court of Chancery. It was distinct from the common law, prior to English reforms in the 1870s. Since then, in England, and other jurisdictions with an English legal tradition including Canada, Australia, and […]
Criminal contempt sentencing, travel insurance and bad faith and the Crime Victim Assistance Act
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: Two men charged with criminal contempt for breaching an injunction prohibiting interference with the construction of the Trans Mountain Pipeline plead guilty and were sentenced. Neither man had a previous criminal record. The first man was a 69-yead old, retired university professor. He had climbed a […]
Murder and a will, fraud by a translator, and a successful family law prototype in Victoria
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: As a matter of public policy, courts will not recognize a benefit accruing to a criminal for his crime. As a result, a murderer cannot collect life insurance or a gift in a will from the person they murdered. A recent BC Supreme Court case considered […]
Issues in the criminal contempt prosecutions from Fairy Creek and a default judgment for defamation
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: More than 400 people are being prosecuted for criminal contempt arising from alleged breaches of an order from the BC Supreme Court that prohibits people from obstructing logging at Fair Creek. This has resulted in some logistical issues with large numbers of accused people requiring legal […]
UN Rights of Indigenous People and child protection legislation and the Crown Counsel Association contract
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The first case discussed on the show involved three First Nations Children who were brought to BC from Saskatchewan to live with their grandmother. The parents of the children were unable to care for them because of ongoing alcohol and substance abuse. Shortly after they arrived […]
Provincial Court report, SCC and a strip search, and a 6 year fentanyl sentence
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Provincial Court in British Columbia handles 95% of criminal cases, as well as many family law cases, youth, small claims, and ticket disputes. The 2020 / 2021 annual report from the court is discussed on the show. Significant changes during this time include that 77% […]