BC courts respond to COVID-19 and emergency measures legislation both federal and provincial

  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 […]

No sick leave required by BC legislation, liability limited for a home inspection, and no municipal liability for a slip and fall on ice

  BC is the only province in Canada where employers are not required to provide any sick leave. While various other forms of leave are required by the Employment Standards Act, including unpaid leave to care for seriously ill or injured family members, sick leave is not required. Various other recent amendments to the Employment […]

Crimes against humanity are now part of Canadian law, ineffective snowboarding waiver signs, and an acid spill damaged thousands of vehicles

  The Supreme Court of Canada has permitted a claim by workers at a mine in Eritrea to proceed, after concluding that Canada has adopted “customary international law” into the Canadian legal system. The Eritrean miners brought the proposed class claim action against a British Columbia based mining company, which is a part-owner of the […]

ICBC decisions should be subject to independent review, counselling an offence is also and offence, and aboriginal title vs sovereignty

  If BC moves to an ICBC monopoly no-fault auto insurance system, as has been proposed, the suggested avenues for a review of ICBC decisions would not be adequate, or fair. Apart from an ombudsperson, and fairness offer, who would have no actual authority to correct unfair decisions by ICBC, what has been suggested is […]

Who decides how and when unlawful protesters are removed and ICBC’s finances: dumpster fire or a political excuse?

  Who decides if, how, and when, protesters who are blocking rail lines, ferries, driveways, or bridges are to be removed? Both protesters, and politicians, have suggested that either the Premier of BC, or the Prime Minister of Canada should, or should not, remove protesters who are obstructing transportation infrastructure or natural gas pipeline construction. […]

ICBC No Fault pre-election refunds funded by delaying payments to the disabled and Uber gets an injunction

This week on Legally Speaking with Michael Mulligan: The ICBC no-fault system proposed by the NDP would save money by not providing compensation for the loss of future earning capacity. Currently, with our fault-based system, if someone is seriously injured by a careless driver, they would be entitled to be put back into the position […]

Quarantine legislation in Canada and the BCNDP proposes no-fault car insurance

  On the show this week: The Canadian Quarantine Act, and BC Public Health Act powers to quarantine people or order treatment in response to the Wuhan Coronavirus, as well as an analysis of the NDP government’s latest proposal for no-fault car insurance. The Canadian Quarantine Act and BC Public Health Act provide broad powers […]

Extinguishing the ICBC dumpster fire fairly

  On the show this week: ICBC. The government-owned insurance company has run into financial difficulty as a result of both how the company has been operated, and political decisions to take money that it had been saved for the purpose of paying claims out of the company in order to balance the provincial budget. […]

No appeal to the SCC over plastic bags and misleading statements by politicians concerning the Coastal GasLink Pipeline injunction

  Listen on Apple Podcasts Topics discussed on the show this week include the Supreme Court of Canada refusing an application by the City of Victoria for leave to appeal a decision by the BC Court of Appeal that the city lacked jurisdiction to ban plastic bags. In addition, various politicians have mischaracterized the nature […]