This week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be […]
Retaining Wall Dispute & Costs Award Against Lawyer
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: A long-running neighbour dispute over garbage, grass clippings, dog feces, a dead snake on a trampoline, and a retaining wall consumes 13 days of court time and results in a $16,000 award. One of the feuding neighbours spray painted and then jackhammered a concrete retaining wall […]
Transit Police Assault, Judicial Salaries & UBC’s $1M Fine
/in Legal News /by mtp_adminIn 2011 a black, 22-year-old, UBC student went to the upper deck of a SkyTrain station to meet a friend. As he was not planning to ride the SkyTrain, he did not purchase a ticket, despite being in a “fare paid” zone. When he received a message from his friend, advising of a change […]
Beacon Hill Park Trust Conditions & ICBC Employee Sells Personal Information
/in Legal News /by mtp_adminAs a result of the City of Victoria deciding not to enforce a bylaw that prohibits camping in Beacon Hill Park, 78 structures have been erected in the park. Following weeks of complaints from nearby residents, and other people wishing to use the park, the City of Victoria obtained an interim injunction requiring people […]
Resuming jury trials during COVID-19, time limits for police seized evidence, and a Sidney cannabis licence in court
/in Legal News /by mtp_adminJury trials have proven to be the most challenging parts of the justice system in the age of COVID-19. The Court of Appeal has been conducting appeals using Zoom. The Provincial Court has been conducting sentencing and judicial release hearings by telephone conference. Both the Provincial Court, and the Supreme Court, have been utilizing […]
Legal Requirements for Arrests, & AG Consent for Prosecuting on an International Flight
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: When are the police permitted to arrest or detain someone? In the context of discussions concerning unbiased policing and identification checks, various common circumstances that do permit a police officer to arrest or detain someone are discussed: 1) If they have reasonable grounds to believe […]
Children allowed to ride the bus alone, an aboriginal man sentenced to 12 months for marijuana and an ICBC COVID-19 backlog
/in COVID-19, Drugs, Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The British Columbia Court of Appeal finds that the Director of Child, Family and Community Services acted unreasonably, and without authority, in telling a single father that children under 10 years of age could not ride the public bus without supervision. The children that were riding […]
Uber Arbitration Clause Ruled Unconscionable & Price Fixing Conspiracy – Legally Speaking
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: The Supreme Court of Canada has declared an arbitration clause, used by Uber, to be unconscionable, and therefore invalid. The clause, included in a 14-page agreement that prospective Uber drivers were required to click “I accept” on, twice, purported to require any disputes with Uber to be […]
BC Overdose Deaths Double During COVID & New Legislation to Detain Youth
/in COVID-19, Drugs, ICBC, Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: From March to May 2020, the number of people who have died as a result of drug overdoses in British Columbia has been more than double the number of people who have died from COVID-19: 401 vs 164. January COVID-19 deaths: 0 Overdose deaths: 77 February […]
SCC on breaches of bail and social host liability for parents hosting a teenage house party with alcohol
/in Legal News /by mtp_adminThis week on Legally Speaking with Michael Mulligan: In a recent decision the Supreme Court of Canada has affirmed that when someone is arrested and charged with an offence, the presumption is that they should be released without the imposition of any conditions. Any conditions of release that are imposed must be clearly articulated, […]
Conservation Officer Improperly Fired & Legal Protections for Police
/in Legal News /by mtp_adminLegally Speaking Episode Summary: June 11, 2020 In 2015 a BC conservation officer was dismissed from his position for refusing to kill two bear cubs. Initially, the conservation officer didn’t have the assistance of a lawyer and the issue of his dismissal was dealt with by a union representative and the Labour Relations Board. […]