Afleveringen
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Get ready to uncover the intricacies of the legal system with Michael Mulligan from Mulligan Defence Lawyers as we dissect a fascinating case of breach of trust theft. Ever wondered why embezzling from an employer gets a harsher sentence than other types of theft? This episode promises to enlighten you on the significant emphasis courts place on general deterrence, especially when trust is violated. We break down the sentencing, guilty pleas, and the crucial distinction between serving time in a penitentiary versus house arrest.
But that's not all! We also tackle the essential tools for debt collection—garnishing orders—exploring how creditors can secure payments even before a trial. Michael shares his expertise on maneuvering these legal remedies, their strategic application, and how to avoid the pitfalls of unpaid strata fees. Through captivating cases and expert insights, you'll learn the financial repercussions of neglecting obligations, and why responding promptly to strata fees is vital for communal harmony. Don't miss this engaging discussion that sheds light on the complexities of law, responsibility, and financial prudence.
Follow this link for a transcript of the show and links to the cases discussed. -
What happens when a wealthy business owner disappears without a trace, leaving behind a tangled web of allegations, destroyed property, and unanswered questions? Join us as we explore this real-life mystery with expert insights from barrister and solicitor Michael Mulligan of Mulligan Defence Lawyers. We journey through the intricacies of the Presumption of Death Act, examining a case where millions in life insurance hinge on the final determination of a man's fate. From the eerie aftermath of a fire in his airplane hangar to the bizarre silence of his bank accounts, the case presents a fascinating puzzle full of legal and investigative challenges.
The episode takes an unexpected twist as we navigate the legal repercussions that arise if someone presumed dead were to reappear while also dissecting the nuances of Canadian law concerning police interrogations and the right to counsel. We also delve into a Court of Appeal case that revisits a first-degree murder trial due to the mishandling of a confession, emphasizing the critical importance of voluntariness in legal proceedings. Through these complex legal landscapes, listeners gain a deeper understanding of how justice is pursued and the vital role of law in unravelling mysteries. Tune in for a thought-provoking episode that promises to leave you with more questions than answers.
Follow this link for a transcript of the show and links to the cases discssed. -
Zijn er afleveringen die ontbreken?
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Ever wondered how a judicial recount can flip an election result on its head? Join us as Michael Mulligan, a seasoned barrister and solicitor with Mulligan Defence Lawyers, unravels the complexities of vote counting and recounts in Canadian elections. You'll gain unique insights into the procedures that follow the so-called "final count" and the very narrow margins that necessitate a mandatory recount. With captivating examples from the 2020 BC election and earlier federal contests, Michael illustrates how recounts can alter initial leads dramatically, revealing the fragility and volatility of election outcomes.
As if elections weren't complex enough, we switch gears to dissect the ongoing legal battles over cow sharing in British Columbia. Despite attempts to navigate through loopholes for raw milk consumption, the courts have upheld prohibitions against it. Michael provides a compelling narrative that highlights why this practice, while potentially viable in other provinces, remains contentious in BC. Tune in for an episode brimming with insightful legal stories that might just change the way you view electoral processes and cow ownership.
Follow this link for a transcript of the show and links to the cases discussed. -
Unlock the secrets of British Columbia's electoral process as we journey through the intricacies of the Election Act with the knowledgeable Michael Mulligan from Mulligan Defence Lawyers. We'll explore how the act paves the way for an inclusive voting experience, spotlighting innovative measures like tele-assisted voting for individuals with disabilities and accommodations for voters with mobility challenges. The episode reveals how the integrity of our elections is upheld through systems that allow for challenging voter eligibility, ensuring that every voice is heard without compromise.
Take a step back in history with us as we examine the unique relationship between voting, prohibition, and the birth of the Liquor Control Licensing Branch in BC. Michael Mulligan sheds light on the fascinating, and sometimes quirky, legacies of the past that continue to influence the province today. From the intricacies of special ballots to the serious repercussions of corrupt voting practices, discover how modern technology secures the electoral process with offline voting machines while still accommodating regional flexibility. Join us for a revealing look at the Election Act’s impact on democracy in British Columbia, and the ongoing commitment to maintaining a fair and accessible voting system for all citizens.
Follow this link for a transcript of the show and links to the legislation discussed. -
Can you really shoot a dog to save your chickens? We unravel this legal conundrum with the expert insights of Michael Mulligan, a seasoned barrister and solicitor from Mulligan Defence Lawyers. Mulligan helps us dissect the latest criminal justice reform proposals from the BC election campaign, including the prospect of hiring more sheriffs and judges to alleviate court backlogs. Together, we weigh the importance of a comprehensive strategy that also considers the roles of Crown counsel, court clerks, and legal aid. Plus, we look at the intriguing suggestion of a statutory court for minor offenses and the potential impact of such reforms on the justice system's efficiency.
In another fascinating segment, we're exploring property rights, animal protection laws, and the nuances of easement rights. Mulligan sheds light on a real-life case where a man’s attempt to defend his chickens led to legal repercussions. We navigate the complexities of the British Columbia Livestock Act, the Farm Practices Protection Act, and how these laws influenced the case. Shifting focus to North Saanich, we decode a court ruling on easement rights and the responsibilities they entail, illustrating the legal intricacies property owners face. This episode promises a thought-provoking journey through law and justice, raising important questions about rights and responsibilities.
Follow this link for a transcript of the show and links to the cases discussed. -
What happens when a seemingly straightforward hunting trip turns into a legal conundrum over age determination and strict liability offences? Join us as we unpack the captivating case of the Massey Ram. Michael Mulligan from Mulligan Defence Lawyers sheds light on how hunters can find themselves in hot water under the Wildlife Act, and why counting horn annuli is not as straightforward as it seems. We unravel the complexities of distinguishing between criminal and strict liability offences and explore the intriguing defence of due diligence using relatable examples like speeding.
Ever wondered about the ripple effects of handling a traffic ticket? Hear the cautionary tale of a commercial truck driver whose career took an unexpected turn after a simple payment. We dig into the implications of equating ticket payment with a guilty plea and the arduous journey of appealing a conviction past its deadline. And, in a recent Vancouver legal case regarding tree removal in a local park, we dissect why a judge ruled against a park injunction despite public concerns. This episode promises an enlightening journey through the intricate world of legal regulations, duty of care, and the far-reaching consequences of seemingly minor decisions.
Follow this link for a transcript of the show and links to the cases discussed. -
Can we really ensure the safety and dignity of elderly care facility residents when young adults with severe mental health and addiction issues are placed among them? This episode exposes the unsettling reality in Victoria and Nanaimo, where vulnerable elderly individuals share long-term care homes with younger adults facing significant challenges. We break down the legal ramifications, analyze the Resident's Bill of Rights, and reveal shocking staff reports of drug use, violence, and inadequate staffing. The lack of enforcement mechanisms leaves elderly residents defenceless, sparking a crucial conversation about the need for alternative facilities.
Shifting gears, we also tackle the complex world of Canadian criminal law, specifically focusing on out-of-court statements. What circumstances make these statements admissible, and how reliable are they? With examples like dying declarations and res gestae, we explore the stringent criteria judges use to weigh their validity. A landmark Supreme Court of Canada case involving a pellet gun and the scrutiny of a statement's reliability provides a riveting backdrop. Join us as we demystify common misconceptions about police statements, highlighting that true justice hinges on solid witness testimonies in court.
Follow this link for a transcript of the show and links to the cases discussed. -
Are machetes the next weapon to be banned in Canada? Join us as we dissect the provincial NDP Attorney General's request to the federal government following a tragic attack in Vancouver. We'll scrutinize the effectiveness of recent bail reforms and explore the peculiarities of Canada's current weapon prohibitions, including some surprising bans on items like nunchucks and certain missile launchers. Additionally, we delve into the federal government's controversial firearm buyback program, questioning the logic and execution behind these sweeping legislative measures.
In our second segment, we turn our attention to the mandatory Indigenous training course for the Law Society, which has ignited a heated debate over the accuracy of claims that bodies were located at the Kamloops Indian Residential School. We analyze a recent BC Court of Appeal decision and its broader societal implications, touching on the political dynamics at play. Finally, we welcome legal expert Michael Mulligan for an insightful conversation, offering thoughtful analysis and practical advice on an array of legal topics. If you're eager to understand the complexities of current legal issues from knowledgeable perspectives, this episode is a must-listen.
Follow this link for a transcript of the show and links to the cases discussed. -
Curious about the legalities that surround everyday mishaps? Join us as we explore these fascinating topics with Michael Mulligan, a seasoned Barrister and Solicitor from Mulligan Defence Lawyers. We kick off by dissecting a real-life incident where a woman sustained serious injuries after tripping in a pothole at a 7-Eleven parking lot. Michael offers a deep dive into the Occupiers Liability Act in British Columbia, emphasizing the critical need for a reasonable system of inspections and maintenance to counter negligence claims. We'll also touch on the nuances of exceptions, such as for trespassers and specific rural or recreational properties.
Our discussion then shifts to a compelling estate dispute involving a father's will and his three daughters. The youngest daughter, despite being raised in a well-off environment by her aunt and uncle, felt emotionally abandoned by her biological father. This emotional complexity led to a court decision enforcing equal distribution among the daughters, stressing the moral obligation of adequate support. Wrapping up, we discuss the responsibilities of Judicial Case Managers in the Provincial Court.
Follow this link for a transcript of the show and links to the cases discssed. -
Discover the hidden cracks in British Columbia's mental health system as we dissect a recent tragic case in Vancouver that underscores systemic failures. Despite the Mental Health Act's provisions, inadequate resources and treatment facilities have left many vulnerable individuals untreated and homeless. We'll explore the urgent need for proactive measures and discuss how addressing mental health issues is paramount for both public safety and humane treatment.
Is the bail system in BC failing those in crisis? We scrutinize the strain on emergency departments and police resources, especially regarding mental health emergencies. Our conversation goes beyond the limitations of bail as a reactive measure and calls for a comprehensive overhaul of the system. Hear about a poignant civil case involving a police dog attack during a domestic dispute, adding another layer to the complexities of our current public safety practices.
Unravel the complexities of legal disputes and interim injunctions with our expert guest, Michael Mulligan, from Mulligan Defence Lawyers. We break down the three-part test for injunctions and the unique considerations in trespass cases, shedding light on why summary trials falter when facts are contested. Using an intriguing case about a lime green Porsche, we'll illustrate the challenges judges face in resolving disputes efficiently. Don't miss this enlightening discussion on the nuances of the legal system and how it impacts real-life cases.
Follow this link for a transcript of the show and links to the cases discussed. -
Can changing bail laws solve the epidemic of drug addiction and mental illness plaguing British Columbia? Join us as Michael Mulligan challenges the status quo, making the case that the province's focus on bail reform is a misstep. Instead, Mulligan argues for a more holistic approach that prioritizes comprehensive treatment resources to tackle the roots of criminal behavior. Through a critical analysis of current policies, we uncover why simply altering the bail system won't lead to a significant reduction in crime or social disorder.
In our exploration, we examine a heartbreaking case from Surrey, shedding light on the daunting decisions judges face during bail hearings. The episode delves into the difficult balance between public safety and individual rights when dealing with offenders who have violent histories and mental health issues. We scrutinize the political ramifications of public outrage over repeat offenders and discuss the need for reform in drug treatment policies, stressing the inadequacies of the current system. This conversation is essential for understanding the broader social issues at play and the real challenges in addressing crime through the legal system alone.
Lastly, we turn our attention to the complexities of inheritance laws in British Columbia, focusing on a recent contested will case that underscores the importance of fair asset distribution. Highlighting Section 60 of the Wills Estates and Succession Act, we discuss how courts can intervene to ensure just support for spouses or children, even when traditional values clash with modern expectations. This segment offers valuable insights into careful estate planning, illustrating how to prevent legal disputes and ensure that your final wishes are respected and honored. Whether you're interested in legal reform, social justice, or family law, this episode promises to be both enlightening and thought-provoking.
Follow this link for a transcript of the show and links to the cases discussed. -
Ever wondered how a simple oversight can cost thousands in the legal world? Join us in this episode of Legally Speaking as we examine a pivotal case in the Canadian criminal justice system where the Crown's failure to hand over essential police notes in an impaired driving case led to a hefty financial penalty. We delve into the consequences of this negligence, including a rare ruling for costs on appeal, highlighting the critical importance of complete and timely disclosure in ensuring justice. You'll also get an insider's perspective on the high stakes involved and the potential financial fallout when legal obligations are not met.
Shifting to family law, we navigate the complexities of a traditional Iranian marriage agreement contested in British Columbia courts. Learn how the judge balanced the maher, or marriage portion, with typical family law considerations to reach a fair decision. We'll also discuss a significant civil case against a well-known coffee chain, focusing on the Occupiers Liability Act. To wrap up, we welcome Michael Mulligan from Mulligan Defence Lawyers, who offers his expert insights on the stark differences in disclosure practices between civil and criminal cases. This episode is brimming with legal intrigue and detailed analysis that you won't want to miss.
Follow this link for a transcript of the show and links to the cases discussed. -
Ever wondered how far the boundaries of solicitor-client privilege extend? Join us in a riveting conversation with Michael Mulligan from Mulligan Defence Lawyers as we explore the critical nuances of wiretaps and lawyer-client communications. Starting with a fascinating case from Saskatchewan, we uncover the story of a lawyer acquitted of obstruction of justice for allegedly tipping off a client about a search warrant. This episode promises an in-depth understanding of the stringent requirements for intercepting private communications in Canada, especially those involving lawyers, and emphasizes the pivotal role of legal provisions designed to protect privileged conversations.
We'll also dissect the British Columbia NDP government's contentious efforts to regulate lawyers through the Legal Professions Act, juxtaposed against the long-standing independence of the Law Society of British Columbia.
Finally, you'll gain insights into a judicial ruling about the enforceability of illegal contracts, with expert commentary from Michael Mulligan on why invoices tied to illegal schemes are not upheld in court. This episode is packed with critical legal insights and serves as a compelling reminder of the importance of adhering to legal and ethical standards in professional dealings.
Follow this link for a transcript of the show and links to the cases discussed. -
What if the justice system could truly hold police accountable? Explore the intricate and troubling case from Prince George, starting with a tragic encounter between an Indigenous man and RCMP officers that led to his death. We'll unravel the story of a bystander's crucial video evidence, its controversial deletion, and the ensuing legal battles that spotlight the need for judicial transparency and independent investigations.
Two RCMP officers faced obstruction of justice charges. One officer's unconvincing testimony led to an acquittal, while a rookie officer's manifest dishonesty resulted in his conviction. Michael Mulligan of Mulligan Defence Lawyers joins us to provide expert analysis on the fine line between doubt and guilt, the complexities of police interactions with personal cell phones, and the preservation of evidence.
Our final chapters shift to financial and judicial complexities. A BC couple leaves vulnerable investors in ruins and declares bankruptcy to avoid paying a multi-million dollar penalty. The Supreme Court of Canada concludes that some, but not all, debts related to the case survived bankruptcy. Mulligan breaks down how the law navigates these high-stakes scenarios, ensuring that listeners walk away with a nuanced understanding of these pivotal legal issues. Don't miss out on this comprehensive and insightful episode!
Follow this link for a transcript of the show and links to the cases discussed. -
How can courtroom chaos lead to a year-long prison sentence being overturned? Discover the riveting story of a man's disruptive behaviour during his trial that led to a contempt conviction. Find out why his relentless pseudo-legal arguments and interruptions didn't hold up as the Court of Appeal stepped in to reverse the decision. We break down the different forms of contempt of court, focusing on incidents that occur directly in the courtroom, and explore the fine line between maintaining order and upholding justice.
But that’s not all—we also delve into the harrowing case of a woman who endured severe complications from a broken epidural needle during childbirth. This segment uncovers the essential elements of a medical negligence claim, such as duty of care and causation of damages, and highlights the stakes involved in medical equipment manufacturing. Plus, we tackle the legal framework surrounding police seizure of evidence, striking a balance between law enforcement needs and individual rights. Don’t miss our legal discussion with Michael Mulligan from Mulligan Defence Lawyers, who offers his expert insights on current legal issues that could affect your life.
Follow this link for a transcript of the show and links to the cases discussed. -
What happens when a tragic act of violence intersects with mental illness and substance abuse? Join us on Legally Speaking as we unpack the heart-wrenching case of a 25-year-old Indigenous man in Trail, BC, who fatally attacked a 78-year-old stranger. This episode challenges the simplistic narrative of violent acts as mere bail system failures. We scrutinize the court's decision to convict the man of manslaughter instead of murder, shedding light on the significant role his mental state and drug-induced delusions played. Through this lens, we explore the deeper societal and systemic issues that contribute to such incidents, advocating for a more nuanced understanding and approach.
In another compelling segment, we dissect a wrongful dismissal case involving a 31-year-old software developer, highlighting the complexities of employment contracts and the critical role of consideration. Discover how an initial detailed email outlining job specifics was upheld over a subsequent, less substantial letter, resulting in a favourable court ruling for the employee. This discussion underscores the importance of clear and fair employment terms, and why understanding the intricacies of employment law can make or break your case. Whether you're an employer, employee, or simply curious about the legal world, this episode is packed with insights that resonate beyond the courtroom.
Follow this link for a transcript of the show and links to the cases discussed. -
What happens when the law collides with contentious family decisions and public safety? Join us as we sit down with Michael Mulligan, a barrister and solicitor from Mulligan Defence Lawyers, to dissect a variety of complex legal scenarios. From the stringent criteria required to appeal to the Supreme Court of Canada to a severe sentence handed down in Ontario for driving while disqualified, we explore the heavy legal consequences that can arise from repeated offences. This episode sheds light on British Columbia's stringent driving prohibition laws, illustrating how infractions can lead to significant penalties.
Have you ever wondered how the courts handle parental disputes over medical decisions for their children? We dive into a heated legal battle in British Columbia, where separated parents clashed over their daughter's HPV vaccination. While the mother championed the vaccine for its cancer-preventing benefits, the father opposed it, influenced by dubious online sources. Through the lens of Section 49 of the Family Law Act, Michael Mulligan discusses how the judge ultimately ruled in favour of the mother, underscoring the importance of credible evidence and the overwhelming benefits of the HPV vaccine.
Finally, we examine two pivotal cases that underscore the importance of evidence-based decision-making. Discover how a judge mandated a child's vaccination, overriding a father's objections rooted in internet misinformation, and the implications of this decision. We also explore a case involving an 80-year-old man who was required to retake a driving test following a cognitive assessment despite a subsequent higher score. This episode highlights the delicate balance between individual rights and societal safety, with expert insights from Michael Mulligan that you won't want to miss.
Follow this link for a transcript of the show and links to the cases discussed. -
Can employers terminate employees without cause, and what are the legal nuances involved? Michael Mulligan from Mulligan Defence Lawyers to unravel a recent Court of Appeal decision in British Columbia surrounding wrongful dismissal, notice, and an employment contract. We dissect the case of a senior employee from Harbour Air Seaplanes who was let go during the COVID-19 pandemic and examine how the interplay between federal legislation and common law could influence compensation beyond the statutory minimums.
But that's not all. We also tackle the significant ramifications of a landmark Supreme Court of Canada ruling on language rights in criminal courts. This decision, stemming from a British Columbia case, mandates judges to ensure accused individuals are informed of their language rights, causing a ripple effect throughout the judicial system. Finally, we delve into liability issues under the BC Wildfire Act, spotlighting a judicial review that overturned hefty penalties for a man whose extinguished fire reignited. This episode promises a comprehensive tour through pressing legal landscapes, from employment law to language rights and wildfire liability.
Follow this link for a transcript of the show and links to the cases discussed. -
What happens when the right to a fair and public trial clashes with the need to protect informer confidentiality? This episode of our podcast takes you through a riveting journey into the complex world of informer privilege and the right to a transparent judicial process. We scrutinize a landmark Supreme Court of Canada decision involving a secret trial in Quebec, where the Quebec Court of Appeal overturned the conviction due to abuse of process. Michael Mulligan from Mulligan Defence Lawyers joins us to dissect the intricate legal principles at play and ponder the broader implications for justice and transparency in Canada.
But that's not all. We'll also cover a gripping case from the BC Court of Appeal, where a woman was awarded over $1 million in damages after being struck by a hockey puck. This case exemplifies the intricacies of personal injury law, highlighting the challenges in compensating for lost future income and non-pecuniary damages. With expert insights from Michael Mulligan, our discussion provides a comprehensive look at these pivotal cases, offering a deeper understanding of the Canadian justice system's complexities and the ongoing tension between individual rights and public interest.
Follow this link for a transcript of the show and links to the cases discussed. -
Can corporations truly safeguard your privacy, or are we all at risk? Join us as we tackle this pressing question with Michael Mulligan from Mulligan Defence Lawyers. In one of the most startling cases in recent memory, we dissect how an employee at the Insurance Corporation of British Columbia (ICBC) sold personal information, resulting in arson and shootings. You'll learn about the class-action lawsuit that followed and the judicial system's decision to award $15,000 per affected individual despite ICBC's efforts to minimize compensation. Plus, we dive into the unsettling case of a widow sued by the Royal Bank of Canada for her late husband's Visa bill despite having insurance meant to cover the debt, shedding light on the critical issue of consumer protection.
Ever wondered why resolving disputes with neighbours often ends up in a legal quagmire? We'll explore this topic through the lens of a real-life tree dispute between neighbours, revealing the limitations of provincial court judges and the complexities of such cases. Michael Mulligan offers invaluable insights into why it's crucial to resolve conflicts amicably rather than dragging them through lengthy court battles. Whether it's about border trees or shared responsibilities, you'll gain a new perspective on managing minor conflicts without escalating them into costly legal entanglements.
Follow this link for a transcript of the show and links to the cases discssed. - Laat meer zien
