Legally Speaking with Michael Mulligan

When A Guest Won’t Leave


Listen Later

A single sentence in the Criminal Code can decide whether you can legally remove someone from your home—or whether you’re suddenly the one at risk of an assault charge. We break down a fresh BC Supreme Court ruling that reads purpose into Parliament’s 2011 reforms on self-defence and defence of property, answering a practical question with big stakes: if you invite someone in and later revoke consent, can you use reasonable force to make them leave? Short answer: yes, if you give a reasonable time to go and the force is proportionate, because the law was never meant to grant squatters’ rights to rowdy guests and stubborn salespeople.

From there, we follow the thread of “reasonableness” into family law. British Columbia treats partners who live together in a marriage-like relationship for two continuous years as spouses for property division, but the crucial trigger is separation. The two-year limitation period starts when you separate, not when the romance finally fizzles. In the case we unpack, on‑again, off‑again reunions couldn’t reset the clock. If you plan to claim division of property, mark the separation date, organise documents, and act before the window closes.

We close with a cautionary tale about civil procedure and proportionality: a $9,000 used SUV, mechanical trouble, and a claim that ballooned to $250 million. The court ordered security for costs, balancing access to justice against the burden of defending an outsized, low‑merit case with little chance of recovering expenses. Together, these stories showcase how Canadian courts weigh text, purpose, and fairness—guarding property rights, enforcing clear timelines, and filtering litigation through practical safeguards.

If you enjoyed the analysis, follow the show, share it with a friend who loves real‑world law, and leave a quick review to help others find us. 


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

431 Listeners

Ideas by CBC

Ideas

383 Listeners

CANADALAND by CANADALAND

CANADALAND

214 Listeners

The Current by CBC

The Current

210 Listeners

The House by CBC

The House

73 Listeners

CTV Power Play with Vassy Kapelos Podcast by CTV News

CTV Power Play with Vassy Kapelos Podcast

36 Listeners

Michael Campbell's Money Talks by HPC Inc.

Michael Campbell's Money Talks

83 Listeners

At Issue by CBC

At Issue

99 Listeners

The Big Story by Frequency Podcast Network

The Big Story

93 Listeners

Front Burner by CBC

Front Burner

457 Listeners

The Herle Burly by Air Quotes Media

The Herle Burly

47 Listeners

The Decibel by The Globe and Mail

The Decibel

126 Listeners

Honestly with Bari Weiss by The Free Press

Honestly with Bari Weiss

8,774 Listeners

Hub Podcasts by Hub Media Canada

Hub Podcasts

36 Listeners

The Ben Mulroney Show by Corus Radio

The Ben Mulroney Show

55 Listeners