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Public Health Act enforcement, duty of honest performance, and a solitary confinement class action

December 28, 2020/in Legal News /by mtp_admin

  This week on Legally Speaking with Michael Mulligan: Provisions of the British Columbia Public Health Act allow for the enforcement of public health orders by means other than the imposition of fines. If someone is refusing to comply with an order to remain in quarantine or isolation, a judge can issue a warrant for […]

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Collecting COVID fines, recounts in BC vs USA and pronouns in court

December 17, 2020/in Legal News /by mtp_admin

  Rather than using collection agencies to collect COVID-19 related fines, the province of BC shouldn’t be sending $1,000 COVID-19 benefits to people who have outstanding fines for breaching orders of the Provincial Health Officer. As the payment are gratuitous, they could simply be withheld to pay outstanding fines for breaching orders made pursuant to […]

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Joe Arvay – Remembering his contributions from Little Sisters to Hells Angels

December 12, 2020/in Legal News /by mtp_admin

  Renowned constitutional lawyer Joe Arvay passed away unexpectedly at the age of 71. Over the course of a remarkable career focused on public interest constitutional litigation he had a profound impact on the lives of many people. A few of the many cases he was involved with are discussed on the show, ranging from […]

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Mr. Big confessions, a gesturing juror appeal, and slow notice of COVID-19 at the Surrey courthouse

December 6, 2020/in Legal News /by mtp_admin

  Mr. Big investigations involve tricking a suspect into believing they are being recruited into a fictitious criminal organization. Often a large number of undercover RCMP officers are involved. Typically, the undercover police officers will spend months having the suspect perform tasks for the fictitious criminal organization, paying them to do so. Eventually, the suspect […]

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Ranch access and human reproductive material after death

December 1, 2020/in Legal News /by mtp_admin

  The Douglas Lake Ranch is the largest private landholding in British Columbia. It’s owned by Stan Kroenke, a US billionaire who also owns the NHL’s Colorado Avalanche and the NFL’s L.A. Rams. The ranch has been involved in a legal dispute for years attempting to stop people from using a road the runs through […]

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Wrongful conviction for double murder overturned, new family court rules, and medical assistance in dying

November 20, 2020/in Legal News /by mtp_admin

  This week on Legally Speaking with Michael Mulligan: In 1983 Tomas Yebes was convicted by a Vancouver jury of murdering his two adopted sons, ages 6 and 7. The conviction was upheld by the BC Court of Appeal and the Supreme Court of Canada. Now, at the age of 77, after having spent a […]

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Racetrack zoning, join submissions and vexatious litigants

November 13, 2020/in Legal News /by mtp_admin

  This week on Legally Speaking with Michael Mulligan: The Municipality of North Cowichan’s decision to refuse approval for the expansion of the Vancouver Island Motorsport Circuit is found to be unreasonable following a judicial review. At issue was whether a racetrack is a permitted use pursuant to the zoning that is in place. The […]

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Construction Without License, Wedding Day Separation & ICBC’s Biggest Loss

November 6, 2020/in Legal News /by mtp_admin

  This week on Legally Speaking with Michael Mulligan: For some legal purposes, corporations are treated like people: they can enter into contracts, own property, engage in litigation, and be charged with committing offences. Some constitutional protections also apply to corporations: the right to be free from “unreasonable search and seizure” and the right to […]

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Dangerous Driving Sentence & Aeroplan Points Separation

October 31, 2020/in Legal News /by mtp_admin

This week on Legally Speaking with Michael Mulligan: Sentencing considerations for dangerous driving causing bodily harm: why do we sentence someone who drives dangerously and has an accident that causes serious bodily harm differently from someone who drives in the same way but is lucky and does not cause an accident? The Criminal Code sets […]

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Vote Counting Controversy Resolved in Court & Acquittal on Attempted Murder

October 23, 2020/in Legal News /by mtp_admin

  This week on legally speaking with Michael Mulligan: While attempting to count ballots for the election of a board of directors for the Shon Yee Benevolent Association things went sideways when water spilled on a table during the vote count. Once this was cleaned up it was unclear whether a disputed ballot had been […]

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