Both the BC Provincial Court, and BC Supreme Court have adjourned all, but the most urgent cases, scheduled from now until early May. Urgent cases, that will proceed, include in-custody bail hearing, in custody criminal trial, and urgent cases including child protection, house evictions, refusal of treatment and end of life matters, orders under […]
COVID-10 and bail, the Criminal Defence Advocacy Society calls for courts to reopen, and a jury trial by Zoom in Texas
/in Legal News /by mtp_adminCOVID-19 is a consideration when deciding if someone should remain in jail while waiting for their trial. In one federal penitentiary, located in Mission BC, 133 inmates and staff contracted the coronavirus. As a judge recently pointed out, however, the risk of COVID-19 is not a “get out of jail free card.” The overriding […]
Condom Quarrels & No More Spousal Support Money
/in Legal News /by mtp_adminDoes failing to use a condom result in a lack of consent, or constitute fraud? In a recent decision, the Court of Appeal split three ways on how failing to use a condom should be analyzed. The case they were dealing with involved two people who had only met in person on one occasion […]
COVID Dwindling, Court Etiquette & An Unlawful Fire Pit
/in Legal News /by mtp_adminVancouver Island, population 870,000, only has 2 people in hospital with COVID-19, as of May 7, and a total of 18 people who have been identified with the virus, who have not recovered, according to the BC Centre for Disease Control. In this context, the Public Health Act and the Emergency Program Act are […]
$500,000 Bet on Rock, Paper, Scissors Ruled Invalid
/in Legal News /by mtp_adminIn 2011 two men in Quebec wagered $517,000 on a best-of-three rock, paper, scissors game. The man the lost took out a mortgage on his home to pay the debt but was successful in having the gambling contract, and mortgage set aside. In Quebec, private contractual disputes are deal with pursuant to the Civil […]
Court of Appeal is now back thanks to Zoom and instilling fear of COVID-19 from other parent not in best interests of a child
/in COVID-19, Legal News /by mtp_adminThe BC Court of Appeal will be back operating at full capacity thanks to Zoom. After several weeks of dealing only with urgent matters, the BC Court of Appeal has announced that all oral hearings will proceed using Zoom. All material will be filed electronically. A desire to have an oral argument in person, […]
Child custody for front line medical workers and other urgent COVID-19 family law issues
/in COVID-19, Legal News /by mtp_adminShould custody arrangements be modified where one parent is a nurse working with patients who may be infected with COVID-19? In child custody cases, the core principle is always what’s in the best interest of the child. A recent BC court decision set out factors to be considered when assessing a child’s best interest […]
Rent Distress Act needs a COVID-19 update, BC Court explains why only urgent cases, and releasing people from jail
/in COVID-19, Legal News /by mtp_adminThe Rent Distress Act governs the seizure of property by commercial landlords for the non-payment of rent. Its provisions are utilized in cases, including a recent court decision concerning the seizure and sale of a pizza oven, by a landlord in Tofino. Unfortunately, in the context of the COVID-19 pandemic, the act is hopelessly […]
Judge urges delay in driving prohibition for single mother due to COVID-19 and Quebec police stopping cars from Ontario
/in COVID-19, Legal News /by mtp_adminA single mother, who lives in a rural area 20 minutes from the nearest grocery store and pharmacy, was prohibited from driving by the BC Superintendent of Motor Vehicles as a result of two distracted driving tickets she received last year. On an appeal to the BC Supreme Court, a judge agreed with the […]
Bill C-13 – The Federal COVID-19 legislation as well as a dangerous congregation of homeless people in Victoria
/in Legal News /by mtp_adminBill C-13: a federal act respecting certain measures in response to COVID-19, has now received royal assent. Several elements of this legislation are discussed on the show. Bill C-13 created the Emergency Response Benefits Act. This act will provide a monthly payment of $2,000 to people out of work. One important element of the […]
BC courts respond to COVID-19 and emergency measures legislation both federal and provincial
/in Legal News /by mtp_adminBoth the BC Provincial Court, and BC Supreme Court have adjourned all, but the most urgent cases, scheduled from now until early May. Urgent cases, that will proceed, include in-custody bail hearing, in custody criminal trial, and urgent cases including child protection, house evictions, refusal of treatment and end of life matters, orders under […]