Legally Speaking with Michael Mulligan

Michael Mulligan
  • 4.4 (21)
  • NEWS COMMENTARY
  • UPDATED WEEKLY

Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.

  1. 1D AGO

    The Supreme Court Of Canada Just Opened A New Door To Sue Your Ex

    A single Supreme Court of Canada decision can quietly change the ground rules for thousands of breakups, and this one just did. We unpack the Court’s creation of a new tort tied to intimate partner violence, described in terms of coercive control and coercive and controlling conduct, and we dig into what that really means when the behaviour isn’t limited to physical violence. If you’ve ever wondered how the common law can invent a new civil wrong, this is a live example with immediate consequences for family law and civil litigation in Canada.  We talk plainly about the hard part: definitions and incentives. The ruling points to emotional abuse, economic control, manipulation, isolation, and even improper litigation tactics, with broad language about autonomy, equality, and meaningful life choices. That may capture serious harm, but it also leaves lawyers and judges with little guidance on what crosses the line or how money damages should be measured. We explain why that uncertainty could turn more divorces into longer court battles, especially when property division is on the table and “fault” arguments start creeping back into a system built to avoid them.  Then we shift to a chilling criminal law case out of Victoria: two friends, drinking, cocaine, guns, and a so-called bulletproof vest that proves only bullet-resistant. The facts are grim, but the legal lessons are clear, from firearm offences and a polymer 80 type handgun to why you cannot legally consent to grievous bodily harm. We also break down how manslaughter works without an intent to kill, and why a firearm manslaughter conviction triggers a mandatory minimum prison sentence.  If you want more careful legal analysis that connects court decisions to real-world outcomes, subscribe, share this episode with a friend, and leave a review so more listeners can find us. Follow this link for a transcript of the show and links to the cases discussed.

    21 min

  2. MAY 14

    If Nobody Agreed Then Why Pay Anything

    One email reply can feel harmless until it turns into a $17,500 invoice. We start with a recruiter placement fee fight that asks a deceptively simple question: when do you actually have a contract? A law firm agrees to work with an external recruiter, receives resumes, interviews a candidate, and hires them, then gets a “standard form” contract after the fact, demanding 17.5% of the salary. We unpack what contract law requires in British Columbia, why not every deal needs a signature, and why “sure” is not always acceptance of a price you never saw.  Then we shift to employment law and a fixed-term employment contract that ends right on schedule. A worker argues that passing a performance review and changing a title from manager to executive director effectively turns a one-year agreement into permanent employment. We walk through why the court rejects that theory, what a title change does and does not prove, and why clear written terms can prevent expensive ambiguity for both employers and employees.  We close with a cautionary tale from the Royal Vancouver Yacht Club: a 1969 wooden yacht collapses in a boat lift, and the owner sues for negligence, only to run into a signed waiver and a failed spoliation argument about overwritten video. The result highlights how enforceable waivers work, why evidence preservation matters, and how cost clauses can raise the stakes after a claim is dismissed. If you found this useful, subscribe, share the episode with a friend who signs things too fast, and leave us a review. Follow this link for a transcript of the show and links to the cases discussed.

    22 min

  3. MAY 7

    A Kickboxing Tragedy And The Cat Ate My Ticket

    One decision can change a life, and another can quietly lock you into a guilty plea. We start with a heartbreaking civil claim tied to a mixed martial arts tournament and a kickboxing bout that leaves a 26-year-old UBC chemistry graduate in a permanent vegetative state. Because the event took place in space owned by Simon Fraser University, SFU ends up in the lawsuit and tries to shift responsibility to the province by pointing at the BC Athletics Commissioner, who approved kickboxing under the Criminal Code “prize fight” framework. We dig into what that approval power really means, and why the BC Court of Appeal says it still does not create the kind of proximity needed for negligence. Using the Anns/Cooper analysis, we unpack duty of care, remoteness, and the core idea that a statutory decision-maker acting for the public good is not automatically on the hook for private damages when something goes wrong. It’s a clear look at the limits of government liability, even when a regulator could have said “no” and prevented the event from happening. Then we switch gears to a BC Supreme Court ruling with everyday stakes: a speeding and driving-without-due-care ticket, a missed 30-day deadline under the Offence Act, repeated attempts on an online dispute portal, and the explanation that a cat damaged or “ate” the ticket. We walk through the extension-of-time test, what “arguable defence” requires, and why missing even one required factor can sink your application. If you value practical legal takeaways and clear explanations of Canadian case law, subscribe, share the episode, and leave us a review. What part of these rulings do you think the courts got right or wrong? Follow this link for a transcript of the show and links to the cases discussed.

    21 min

  4. APR 30

    Lack of Jails Threatens Trials and BCNDP vs Constitutional Requirements

    A court system can have the best rules on paper and still grind to a halt when there is nowhere to hold people. We start with a fresh BC Supreme Court practice direction aimed at a problem that’s been building quietly across the province: accused people denied bail in communities with no correctional facility close enough to support a long trial. When daily transport is impossible and police detachments refuse to function as ad hoc jails, judges are left making hard calls that affect fairness, public safety and the Charter right to a trial within a reasonable time.  From chartered flights to the limits of small-town holding cells, we talk through why this is happening and what the court is now requiring through pretrial hearings. We also break down the real-world outcomes on the table: adjournments that risk delay arguments, moving trials away from the community where allegations arose, or releasing an accused from custody simply so the trial can proceed without collapsing under logistics. If you care about access to justice in British Columbia, this is where policy meets reality.  Then we turn to one of the biggest legal governance fights in BC right now: the constitutional challenge to the Legal Professions Act and the future of the Law Society of British Columbia. We dig into the idea of an independent bar as an unwritten constitutional principle, why that independence gives meaning to an independent judiciary, and what it could mean when legislation steers a legal regulator toward government priorities like UNDRIP while adding new approval structures and expanding appointment power. The trial decision lets the law stand for now, but the stakes are high and the next stop is likely the Court of Appeal.  Subscribe for more Canadian legal analysis, share this with someone who follows BC politics, and leave a review to help others find the show. What’s the bigger risk here: justice delayed by logistics or independence weakened by design? Follow this link for a transcript of the show and links to the cases discussed.

    21 min

  5. APR 16

    Secret Informant, Secret Court

    A court decision appears online with almost everything blacked out: no registry, no lawyers, no location, no hearing date, and even the judge’s name is removed. All we’re left with is a disturbing question at the heart of Canadian criminal law: can someone become a confidential police informant without ever being clearly told they are one, and if so, what does that do to open court principles and public trust? We walk through confidential informer privilege from the ground up, including why it is treated as near-absolute in Canada and why it can protect informants who are unreliable or acting for personal gain. Then we get into the moment that triggered the whole fight: after hours of a stalled interview, a detainee asks for a pen, writes “informal” on their hand, hides it from the camera, shows it to an officer who nods, and the recording suddenly goes off. The judge ultimately finds an implied promise of confidentiality on a balance of probabilities, despite the Crown’s opposition, raising real-world issues about secrecy, disclosure, and how policing actually works. Then we shift to the Court of Appeal of British Columbia and a practical courtroom battle with huge stakes: when should a witness be allowed to testify by Zoom or Teams under the Criminal Code? In a referred murder conviction appeal after 17 years in prison, an officer who admitted recording key gunshot timings incorrectly wanted to testify remotely to avoid travel. The court said no, stressing the presumption of in-person evidence when credibility and fairness are on the line. Subscribe for more Canadian legal analysis, share this with someone who cares about open courts, and leave us a review. Where do you draw the line between necessary secrecy and the public’s right to see justice done? Follow this link for a transcript of the show and links to the cases discussed.

    22 min

  6. APR 10

    Aboriginal Title On Nootka Island

    A court can end up deciding the fate of an island by looking at the scars on cedar trees and counting the rings inside them. We dig into a new British Columbia Court of Appeal decision on Aboriginal title for Nootka Island off Vancouver Island, where the key legal question is what “sufficient use” meant at the moment of sovereignty in 1846 under the Oregon Treaty. That one date forces everyone to reconstruct the past using expert anthropology, historical records, and physical evidence on the land. We talk through the building blocks of an Aboriginal title claim in Canada: proving the proper Indigenous collective, demonstrating continuity and exclusivity, and even answering foundational questions such as whether the society had a concept of ownership. Then we get into the appellate turning point: culturally modified Western red cedar trees in the interior. The court challenges the idea that a marine-oriented culture only “used” the coastline, noting that canoes, paddles, ropes, hooks, clothing, and ceremonial items all come from forests. The discussion also tracks how the claim is framed to avoid competing interests for now, and why the ruling’s impact on the Forest Act and Parks Act raises real governance and resource questions. We finish with a very different legal problem from Provincial Court near Enderby on Highway 97A: a tragic crosswalk death on Canada Day and a charge of driving without due care and attention. By breaking down Motor Vehicle Act section 179, we sort out right of way, what counts as being “on the highway,” the pedestrian duty not to step into traffic when it is impracticable for a driver to yield, and the role of reaction time evidence in the acquittal. If you like practical legal analysis from BC courts with real-world stakes, subscribe, share the episode with a friend, and leave a review. What part of these rulings do you think will matter most going forward? Follow this link for a transcript of the show and links to the cases discussed.

    21 min

  7. APR 2

    Star Players Stay Home & Police Dog Chase to Doggy Daycare

    Messi-sized hype, premium ticket prices, then a last-minute announcement that the stars aren’t coming. We walk through the Vancouver Whitecaps class action that followed, including the consumer protection and contract claims that were pleaded and the court process that protects thousands of ticket buyers who never appear in court. If you’ve ever wondered how a class action settlement gets approved in British Columbia, we translate the legal test of “fair and reasonable” into plain language, including what notice looks like, what it means to opt out, and why a handful of objections can still trigger careful judicial scrutiny. Then we get to the part that surprised many people: the settlement pays $475,000, but not to the class members. The money goes as charitable donations to BC sports organizations, with the judge accepting that distributing a few dollars per person could cost more than it’s worth once administration and verification are added. We also talk about the real-world “make-good” measures offered to fans, the requirement for clearer ticket language that players are subject to change, and how courts review class counsel fees and a representative plaintiff's honorarium. From there, the legal grab bag keeps going. We unpack a Vancouver e-scooter case that starts with sidewalk and helmet issues, turns into a pursuit and the abandonment of bags at a muddy construction site, and ends with a police dog leading officers to a doggy daycare. Finally, we explain a major development under the Youth Criminal Justice Act: following a Supreme Court of Canada decision, the Crown must prove beyond a reasonable doubt that diminished moral blameworthiness is rebutted before a teen can receive an adult sentence, and courts must separate maturity from sentence-length objectives. If you like sharp legal analysis tied to real BC headlines, subscribe, share the episode with a friend, and leave a review. What part of these outcomes feels most fair or most unsettling to you? Follow this link for a transcript of the show and links to the cases discussed.

    23 min

  8. MAR 26

    British Columbia And Alberta Clash On How To Regulate Lawyers

    Two neighbouring provinces are running a live experiment on professional regulation, and the results could shape how Canadians think about law societies, licensing bodies, and government power. We walk through British Columbia’s Legal Professions Act changes, including the shift in what the Law Society is being asked to prioritize, and how that ties into disputes over mandatory cultural competency and sensitivity training for lawyers. Then we cross into Alberta, where Bill 13, the Regulated Professions Neutrality Act, lands like a hard reset. The law sets out a “neutrality” framework that rejects assigning privilege or disadvantage based on enumerated personal characteristics or beliefs, and it specifically blocks regulators from mandating training on topics like cultural competency, unconscious bias, diversity, equity, and inclusion. Put beside BC’s approach, it’s a stark policy split, and it raises a bigger question: what happens to independent regulation when politics starts writing the regulator’s mission? We also shift to criminal law and a case with an ordinary trigger and an extraordinary outcome. A dispute over an e-bike, a shove, a fall, and a death days later led to a manslaughter conviction, with the key issue being defence of property under Criminal Code section 35, not self-defence. We unpack the “reasonable in the circumstances” standard, the modified objective test, and why appeals courts usually won’t redo a trial judge’s judgment call. If you care about legal rights, regulatory independence, Canadian criminal law, and where “reasonable force” really sits in practice, this one will stay with you. Subscribe, share the episode, and leave a review, then tell us: should governments ever steer professional regulators this directly? Follow this link for a transcript of the show and links to the cases discussed.

    23 min
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4.4
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21 Ratings

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Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.

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