Protesters, Pigs, Trusts and Soccer Tackle Liability
This episode brings to the forefront the delicate balance between activism and legality, alongside the intricate nature of estate planning. The discussions offer invaluable insights for anyone interested in how the legal system addresses these often contentious issues.
We are also introduced to animal rights protesters who took drastic measures to expose what they believed were injustices within a pig farm. Barrister and Solicitor Michael Mulligan dissects the legal reasoning behind the protesters’ defence, which drew parallels to a seemingly unrelated case in Ontario involving zoning laws and noise complaints. Mulligan brings to light the Court of Appeal’s decision, which focused on the immediate legalities of the protesters’ actions rather than the broader ethical questions raised by their cause. This segment highlights the complexities that arise when the fervour of activism meets the strictures of the legal system.
The episode also delves into the often-overlooked nuances of estate planning, illustrating how easily intentions can become muddied without explicit legal documentation. The story of a family torn apart by a contentious asset transfer serves as a cautionary tale, emphasizing the importance of clear directives in estate planning. Mulligan elucidates the concept of a resulting trust presumption and the admissibility of hearsay evidence in court, showing how these legal mechanisms can shape the outcome of inheritance disputes.
Furthermore, the episode explores the critical role of explicit legal planning in safeguarding one’s final wishes. It highlights the importance of leaving behind a clear and legally sound plan to avoid leaving loved ones embroiled in litigation.
Finally, the episode deals with a successful claim for negligence arising from a serious injury caused by a side tackle in a recreational soccer game.
Using a hockey analogy to explain the situation to a broad Canadian audience, the Court of Appeal explains that legal liability can flow from activity permitted in a game that is carried out in a reckless manner.
Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 10:30 a.m. It’s also available on Apple Podcasts or wherever you get your podcasts.