Legally Speaking with Michael Mulligan

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. 

How does a jury decide the value of the emotional and physical toll from a medical misdiagnosis? Join us as we explore a poignant case where a woman was mistakenly diagnosed with breast cancer and underwent unnecessary surgery, leading to a $400,000 jury award. We'll unravel the stringent criteria needed to hold a doctor legally accountable and dissect the often-mysterious process by which juries calculate non-pecuniary damages such as pain and suffering. This segment promises to shed light on the profound impact these legal decisions have on both patients and the healthcare system.

Shifting our focus, we then offer a deep dive into a landmark Supreme Court of Canada decision involving the rape shield provision. This case, originating from British Columbia, addresses the complex balance between protecting a sexual assault complainant's privacy and ensuring a fair trial. Learn why the Supreme Court upheld a trial judge’s decision to exclude questioning about prior consensual sexual activity in a marital case, and what this means for the admissibility of evidence in sexual assault trials. We also tackle the nuanced debate over publication bans during appeals, exploring how the courts balance transparency with privacy. Don't miss this insightful discussion on two pivotal legal issues shaping the judicial landscape.

Follow this link for a transcript of the show and links to the cases discssed. 

Could the very pillars of legal independence be shaking in British Columbia? Michael Mulligan, Barrister and solicitor of Mulligan Defence Lawyers, joins us in dissecting the controversial Legal Professions Act. His perspective shines an unflinching light on how this act could threaten the impartiality crucial to our justice system and the public interest. Get ready for a stirring analysis of the government's rush to legislate, the alarm sounded by legal professionals, and the constitutional challenges now rising to the surface.

Switching gears, we take a closer look at a recent manslaughter case that has left the legal community and public pondering the nuances of justice. Mulligan unpacks the sentencing of a Trinity Western University security guard, convicted of manslaughter and handed an 18-month conditional sentence. This segment explores the delicate balance of judicial discretion, weighing intent against outcome and character against the gravity of loss. We'll also touch upon the escalating stakes in residential tenancy disputes finding their way to the Supreme Court, showcasing the evolving landscape of legal accountability and the complexities that lie therein.

Follow this link for a transcript of the show and links to the cases discussed.  

Discover the unexpected legal twist when a skid steer transforms from a farm machine into an alleged weapon! Michael Mulligan, our expert from Mulligan Defence Lawyers, is back to dissect a peculiar case from Vernon where a man faces assault charges for using his skid steer in a dispute with homeless trespassers. Learn what makes a skid steer a "weapon," and get a masterclass in the legalities of assault and dangerous driving. Plus, we'll navigate the nuances of a justice system where the Supreme Court's interpretation can turn the tide in such unconventional scenarios.

Then, we tackle the contentious debate over mandatory COVID-19 vaccinations for healthcare workers, with Michael Mulligan weighing in on the balance between personal freedoms and public health mandates. The conversation doesn't stop there; we also dissect a recent court ruling's impact on a man caught in the crossfire of federal payments and provincial deductions. This episode isn't just about the letter of the law; it's about the real-life stories behind these legal battlegrounds and how they affect us all.

Follow this link for a transcript of the show and links to the cases discussed.

Discover the true impact of British Columbia's drug policy changes and the possible re-criminalization of hard drugs in public spaces as we navigate the labyrinthine details of Section 56 of the Controlled Drugs and Substances Act. With the guidance of Michael Mulligan from Mulligan Defence Lawyers, our latest conversation illuminates the gaps between government announcements and the actual legal language, leaving us questioning the intent behind recent amendments. Mulligan also sheds light on the paradoxical enforcement of marijuana possession laws, exploring the nuances of federal versus provincial prosecution and the transportation of legally obtained drugs.

The most recent changes to the BC exemption from drug possession laws exempts adults if:

a. they are within a designated health care clinic;
b. they are unhoused and sheltering in accordance with all applicable laws; or
c. they are within a private residence.

Because option "b" doesn't require a person who is unhoused and sheltering in accordance with all applicable laws to be "within" anything, it may not be possible to convict an unhoused person who is using otherwise illegal drugs anywhere. This is inconsistent with government pronouncements concerning the use of drugs in public places such as schools and parks.

This episode isn't just about policy—it's about the people and principles caught in the crossfire of drug legislation. We scrutinize the province's history with these laws and the ongoing battle against arbitrary enforcement, diving into how current guidelines still fall short of providing clear and consistent application. As we thank Michael Mulligan for his in-depth insights, we set the stage for further exploration of legal intricacies with an eye toward dissecting the complexities that shape our justice system and affect the lives of citizens. Join us for a compelling examination of law, order, and the societal implications in between.


Follow this link for a transcript of the show and links to the regulations discussed. 

Prepare to be engrossed as Michael Mulligan from Mulligan Defence Lawyers dissects the intricate case of Ms. Davidson, deputy leader of the federal Green Party, whose criminal contempt conviction has stirred debate. The fine line between staunch activism and legal adherence is put to the test in our discussion of her bail pending appeal. We'll explore whether Davidson's bold pre-sentencing declarations will hold true as we scrutinize the nuanced balance of upholding one's convictions vs the rule of law. This episode promises a riveting look at the intersection of law and politics, with implications that reach well beyond a single court decision.

Also, on the show, a security guard is found guilty of manslaughter after an intruder he apprehended died.

Finally, venture with us on a historic expedition through the annals of property law. We unravel a legal saga rooted in the 1920s over land ownership, escheatment, and the labyrinth of legal processes that ensue when land reverts to the Crown. The tale of two lots near Nelson, entangled in a legal odyssey involving a company's dissolution and a forgotten land transfer, provides a stunning backdrop for our analysis. As we dissect the recent Court of Appeal decision, we examine the broader consequences for land rights and the evolution of property law that continue to resonate today. Join us for an engaging journey that is as much about legal facts as it is about the stories of those who navigate them.

Follow this link for a transcipt of the show and links to the cases discussed. 

Join the riveting conversation with Michael Mulligan from Mulligan Defence Lawyers as we unravel the complexities of the presumption of innocence in a special episode that delves into the legal labyrinth following a man arrested for multiple carjacking incidents. Mulligan illuminates the difficult decision points for police post-arrest and lays bare the intricacies of bail assessment, particularly when the individual in question has no criminal history. As we dissect the safeguards of community safety versus an individual’s right to freedom, our exploration will leave listeners with a deeper understanding of the criminal justice system's inner workings and the philosophical underpinnings of justice.

The dialogue then pivots to a meticulous dissection of Canada's bail system, where we dissect real and hypothetical cases that bring the theory of law to life. From a mayor's alleged murder captured on film to repeated car thefts by an individual, the episodes lay bare the tension between the constitutional right to bail and the imperative to ensure public safety. The crescendo of our legal symposium examines a BC Court of Appeal case involving an ex-RCMP officer, scrutinizing the evidence, jury instructions, and the steadfastness of the justice system in upholding a conviction. This episode promises to offer listeners an unparalleled look into the nuances of crime and punishment, evidence analysis, and the weighty responsibilities shouldered by the courts.

Follow this link for a transcript of the show and links to the cases discussed. 

Prepare to navigate the tumultuous waters of legal reform and societal justice with our  guest, Michael Mulligan from Mulligan Defence Lawyers. Our latest episode peels back the layers of Bill 21, a contentious BCNDP legislation aimed at bringing the regulator of lawyers in British Columbia under political control. Feel the electric tension as we dissect the Law Society of BC's apprehensions, the BC Conservative Party's firm stance on repeal, and the international law implications flagged by Lawyers' Rights Watch Canada. We tackle the poignant question: How will political gamesmanship shape the future of legal regulation?

Venture further as we redefine the ordinary, transforming a Surrey man's storage dilemma into a  case study on municipal bylaws. Meanwhile, we scrutinize the recent triage policy by the BC First Nations Justice Council on Gladue reports, underscoring the impact a lack of resources could have on justice for Indigenous people. Join us for a compelling journey through the intricate crossroads where law meets life.

Follow this link for a transcipt of the show and links to the cases and material discussed.