Legally Speaking with Michael Mulligan

Punitive Damages For Political Firing


Listen Later

A public servant gives three decades to the province, then gets fired without cause on the very day a government is about to fall. The BC Supreme Court doesn’t just disagree with how it was handled, it finds the termination was politically motivated and meant to turn a non-partisan employee into a convenient scapegoat. We talk through what that finding really means in wrongful dismissal law, why the court awards significant punitive damages, and how the decision sends a clear warning that public servants are not political props.

We also dig into the details that should make any listener who pays taxes pay attention: severance that appears to be legally owed gets withheld for months while pressure is applied to sign away the right to sue. Then we step back and ask the uncomfortable question about accountability, because the defendant isn’t a political party, it’s the Crown in right of British Columbia, meaning the costs and damages come out of the public purse. We also examine why a current government might still choose to deny improper motive and defend the case all the way through a long trial.

From there, we shift to estate law in British Columbia and a fascinating WESA section 58 “curative provision” case about wills. A couple plans mirror wills with a lawyer, but the woman dies before signing and the only pre-death draft carries the partner’s name, while a corrected version is created after death. We explain what counts as a reliable “record” of testamentary intentions, why judges can cure some defects but cannot validate a will based only on what people say happened, and what this means for anyone who has been putting off their estate planning.

If you found this useful, subscribe, share the episode with someone who needs it, and leave a review. What part worries you more: political firings funded by taxpayers or the risk of an unfinished will ending up in court?


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

...more
View all episodesView all episodes
Download on the App Store

Legally Speaking with Michael MulliganBy Michael Mulligan

  • 5
  • 5
  • 5
  • 5
  • 5

5

1 ratings


More shows like Legally Speaking with Michael Mulligan

View all
As It Happens by CBC

As It Happens

424 Listeners

Ideas by CBC

Ideas

384 Listeners

CANADALAND by CANADALAND

CANADALAND

214 Listeners

The Current by CBC

The Current

199 Listeners

The House by CBC

The House

65 Listeners

CTV Power Play with Vassy Kapelos Podcast by CTV News

CTV Power Play with Vassy Kapelos Podcast

37 Listeners

Michael Campbell's Money Talks by HPC Inc.

Michael Campbell's Money Talks

67 Listeners

At Issue by CBC

At Issue

95 Listeners

The Big Story by Frequency Podcast Network

The Big Story

86 Listeners

Front Burner by CBC

Front Burner

419 Listeners

The Herle Burly by Air Quotes Media

The Herle Burly

48 Listeners

The Decibel by The Globe and Mail

The Decibel

112 Listeners

Honestly with Bari Weiss by The Free Press

Honestly with Bari Weiss

8,439 Listeners

Hub Podcasts by Hub Canada Media

Hub Podcasts

34 Listeners

The Ben Mulroney Show by Corus Radio

The Ben Mulroney Show

51 Listeners