Legally Speaking with Michael Mulligan

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. 

British Columbia's legal system faces a seismic shift with Bill 21, a move that could rock the bedrock principle of lawyer independence. As the government nudges its way into the Law Society's boardroom, we're left pondering: will the scales of justice tilt in favour of those in power? This episode pulls back the curtain on the potential repercussions of such unprecedented government involvement. Joined by Michael Mulligan from Mulligan Defense Lawyers, we dissect the changes proposed to the Legal Profession Act, critique the government's objectives, and forecast the intricate dance between lawyers and lawmakers in the courtroom ballet.The legal community stands at a crossroads as we scrutinize the trajectory of professional autonomy in the wake of Bill 21. Our conversation with Mulligan not only maps the contours of the looming battle for the soul of legal self-regulation but also spotlights the broader ramifications for our society's democratic health. This episode is a clarion call for those who hold the principles of a robust, independent judiciary dear, as we navigate the chilling prospect of a legal landscape where the voice of the advocate could be stifled by the hand that writes the law. Tune in for an in-depth exploration of the stakes at play, where the rule of law hangs in the balance.Follow this link for a transcript of the show and links to the legislation discussed. 

Embark on a journey through Canada and New Zealand's legal intricacies with Michael Mulligan from Mulligan Defense Lawyers as we dissect how these common law cousins approach justice, representation, and the battle against drugs. You'll be captivated by our discussion highlighting the disparities in Indigenous peoples' representation in the prison systems—a pressing issue both here and in the land of the long white cloud. And if you're intrigued by the varying tactics in the war on drugs, our analysis of how New Zealand's crystal meth problems contrast with Canada's fentanyl crisis will provide you with a new perspective on a global challenge.Let's transport you to a Kiwi courtroom, where the protocols of bail hearings and the role of police officers in lower court prosecutions might astound you. Michael Mulligan brings his legal acumen to the table, shining a light on recent cases and legislative changes that affect our lives. We'll also unearth the history and impact of British Columbia's Crown Counsel system.Next, we delve into the Patients Property Act, revealing its implications for those with disabilities in our communities. Prepare to be enlightened as we navigate the ebbs and flows of international justice and its local impact in a conversation that promises to be as informative as it is thought-provoking.Follow this link for a transcript of the show and links to the cases discussed.

Discover the fate of legal independence in British Columbia as Michael Mulligan from Mulligan Defence Lawyers lends his expertise to the latest legal system 'modernization' attempts. This week's episode pulls back the curtain on the government's controversial plans to revamp the Law Society of British Columbia, including a reduction in elected lawyer positions, which may lead to increased government sway over legal affairs. The BCNDP seems intent on ignoring a warning from the Supreme Court of Canada on the essential nature of an autonomous legal profession, particularly when the rights of individuals stand against government interests, and is proposing that it be given greater control over the regulation of lawyers. The government proposal is troubling for anyone who may have a legal conflict with the government. Also on the show, we lay bare the troubling conduct of the Insurance Corporation of British Columbia (ICBC) in defying a court order to pay a retired teacher her rightful compensation following a road mishap. Hear Michael's insightful breakdown of how ICBC's refusal to release $407,000, designated for the victim's future care, raises alarm bells about the insurer's integrity and the challenges faced in the pursuit of justice. With BC embracing a no-fault insurance scheme, our conversation underscores the imperative need for an unbridled judiciary to balance the scales against formidable entities like ICBC. This episode is an urgent call to stay vigilant about the mechanisms that safeguard our individual rights and the importance of a legal profession that can operate without undue influence.Follow this link for a transcript of the show and links to the cases discussed. 

Discover the intricate dance of legality and medicine as we sit down with Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, dissecting a lawsuit that could transform the landscape of healthcare in British Columbia. The Society for Canadians Studying Medicine Abroad, representing future doctors trained overseas, is challenging the residency placement system they believe is unfairly blocking their path. Through an engaging discussion, we navigate the complexities of a system that currently favours domestic medical graduates and the constitutional implications that come with such a divide. This episode promises not just an exploration of the legal battlefield but a broader conversation on the urgent need for more healthcare professionals in our system.Our conversation then shifts to a poignant and sobering case from Port Alberni, where a mother finds herself entwined in the legal system's grasp following the tragic death of her son. The nuances of a 'lesser included offence' emerge as we scrutinize how a jury's verdict can alter the course of a person's life, leaving us to ponder the fine line between manslaughter and second-degree murder. With Michael Mulligan's expert insight, we examine the shadows of jury decision-making, mandatory sentencing, and the weighty responsibilities tied to firearm ownership. Follow this link for a transcript of the show and links to the cases discussed.   

Understand the groundbreaking shift in digital privacy through an engaging conversation with Michael Mulligan of Mulligan Defence Lawyers as we dissect a recent Supreme Court of Canada judgment. The verdict is reshaping how we perceive privacy concerning our IP addresses, which, as it turns out, are windows into our personal lives and not just innocuous identifiers. Michael walks us through the complexities of a case that has set a new standard: law enforcement agencies must now secure a warrant before obtaining IP data. This discussion is a must-hear for anyone eager to grasp the profound implications for our constitutional rights in this digital age.Venture into the heated debate over British Columbia's approach to drug possession decriminalization with a critical eye on the Restricting Public Consumption of Illegal Substances Act. We dissect the political chess game involving the provincial government's legislation, the backlash from harm reduction advocates, and the subsequent legal scuffles that led to an interim injunction. The episode paints a vivid picture of the tug-of-war between law enforcement, public health, and community well-being, highlighting the ongoing struggle and its wider implications for drug policy in the region. Stay tuned for a detailed analysis of these pressing issues, informed by the latest legal developments and social dynamics.Follow this link for a transcript of the show and links to the cases discussed. 

Discover the thin line between lawful investigation and constitutional breaches with our expert Michael Mulligan from Mulligan Defense Lawyers. We dissect a murder case where evidence handling sparked controversy and an acquittal that left many questioning the integrity of the investigation. Dive into a profound discussion on the procedural missteps during the seizure of cell phones and a security system, and how these actions swayed a trial's outcome. The legal dance between police conduct and individual rights is laid bare, offering a rare glimpse into the complex machinery of our criminal justice system.Shifting gears, we tackle the clash between a First Nation's rights and energy infrastructure in British Columbia. The heart of the debate? A hydro dam's operation they claim infringes on their longstanding fishing practices. Mulligan guides us through the nuances of the Kennedy Dam's effects on the Nechako River, and the formidable legal arguments at play. The case transcends a simple legal dispute, shedding light on the intricate relationship between energy needs, environmental responsibilities, and the sovereignty of indigenous peoples. Join us for a thought-provoking exploration of these critical issues that continue to shape the legal and cultural landscape of the region.Follow this link for a transcript of the show and links to the cases discsussed. 

Have you ever grappled with the intricate workings of the legal system or wondered how an ordinary person can fare against its complexities? Michael Mulligan from Mulligan Defense Lawyers joins us to unpack a gripping small claims court drama where a patient fearlessly faces a dentist over accusations of negligence. Walk through the courtroom doors in Abbotsford and witness the struggle of gathering admissible evidence, the nuances of consent in medical treatments, and the precarious balance between self-representation and the need for legal expertise. This episode peels back the layers of professional negligence, highlighting the importance of expert testimony and the adjudication of consent and battery in medical settings.The legal labyrinth doesn't stop there; join us as we navigate the murky waters of extradition laws, where missed deadlines and constitutional challenges spark a heated discourse on international justice. Then, we shift gears to a contentious condo ownership dispute that reveals the decisive role of equity when legal titles clash with lived realities. Michael Mulligan helps us dissect how Canadian courts handle the delicate issues of resulting trusts and equitable interests, offering a glimpse into the soul of justice and fairness as it intersects with the surge in property market values. Through these stories, we confront the compelling question: how does the law reconcile with the twists and turns of human relationships and the inevitable missteps of bureaucracy?Follow this link for a transcript of the show and links to the cases discussed.

Unlock the secrets of safeguarding your last wishes with a captivating narrative from Quadra Island, where an elderly lady's lost will sets off a legal firestorm over the presumption of destruction. As I narrate this tale of vanished legacies, you'll discover the critical importance of not only crafting a meticulous will but also ensuring its safekeeping. This episode plunges into the murky waters of estate law, unravelling a mystery that serves as a stark reminder: the absence of a will can unleash Pandora's box of legal quandaries.Our discussion takes to the skies with the ongoing saga of airlines wrestling with the responsibility of accommodating passengers with disabilities without burdening them with extra fees. WestJet's legal turbulence illustrates a broader challenge for the airline industry: who should pay when a passenger is too large to fit in an economy seat or if they require an assistant to fly with them?  And with Michael  Mulligan of Mulligan Defence Lawyers providing expert insights, we're armed with the knowledge to navigate these legal crosswinds with finesse.Finally, we scrutinize the often misunderstood role of character evidence in criminal trials and its potential to make or break a case. Through a real-world example, we dissect how a courtroom misinterpretation led to an unjust conviction, drawing attention to the appellate court's role in correcting such mistakes. This episode not only sheds light on the intricacies of trial and appellate processes, but it also underscores the importance of getting it right the first time—because justice should be more than just an assumption. Join us for a journey through the landscape of law, where every detail holds the power to tip the scales.Follow this link for a transcript of the show and links to the cases discussed.   

 From the sanctified grounds of religious buildings to the surprising sanctuaries for fruit trees and bomb shelters, we probe the public policy implications when specific properties are relieved from bearing the tax burden, leaving others to shoulder the financial weight. Our discussion navigates the murky waters of the Rural Area Taxation Act, shedding light on the ripple effect tax exemptions have on society.Also on the show,  BC Hydro pulled the plug on a forestry company's cryptocurrency aspirations. Finally, a sexual assault conviction is overturned as a result of Crown Counsel cross-examining the accused on whether the complainant was attractive and the trial judge making their own assessment of the complaint's attractiveness. Follow this link for a transcript of the show and links to the cases discussed. 

Discover the far-reaching consequences of proposed changes to the Land Act in BC. With 94% of BC's land owned by the Crown, changes that would afford First Nations groups veto power over land use decisions could have a profound impact on how the province is governed.  The provincial government's attempt to make the changes without a transparent consultation process, as well as the broader implications for democracy in the province, are discussed.Also, on the show, the doctrine of frustration of contract is discussed in the context of a case involving a claim for severance pay by an employee from a duty-free shop that was forced to close due to COVID-19.Finally, a Court of Appeal decision involving the censure of an elected councillor who disclosed confidential information to a lawyer in order to obtain legal advice is discussed. Follow this link for a transcript of the show and links to the cases discussed. 

Unravel the complexities of Canadian law with barrister and solicitor Michael Mulligan, as he clarifies a major court decision on the government's use of the Emergencies Act during the 2022 trucker protest. Grasp the intricacies of why the court found this move both unreasonable and unconstitutional, and how it could signify a turning point for civil liberties in Canada. We're breaking down the Charter of Rights and Freedoms, potential overreach of government power, and the implications of free expression, all through the expert lens of our esteemed guest.Transitioning to the tangible world of construction and liability, the episode shifts gears to dissect the Ridgeview Place legal saga. Michael Mulligan aids us in navigating the treacherous waters of who's to blame when construction goes awry, especially after companies dissolve and municipalities are left holding the bag. This segment promises to shed light on how a recent appeal court decision might reshape the landscape of liability in construction, affecting everything from individual property rights to the responsibilities of engineering firms and the role of municipalities in safeguarding their communities. Join us as we investigate these legal battles and their far-reaching consequences on the industry.Follow this link for a transcript of the show and links to the cases discussed. 

This episode brings to the forefront the delicate balance between activism and legality, alongside the intricate nature of estate planning. The discussions offer invaluable insights for anyone interested in how the legal system addresses these often contentious issues.We are also introduced to animal rights protesters who took drastic measures to expose what they believed were injustices within a pig farm. Barrister and Solicitor Michael Mulligan dissects the legal reasoning behind the protesters' defence, which drew parallels to a seemingly unrelated case in Ontario involving zoning laws and noise complaints. Mulligan brings to light the Court of Appeal's decision, which focused on the immediate legalities of the protesters' actions rather than the broader ethical questions raised by their cause. This segment highlights the complexities that arise when the fervour of activism meets the strictures of the legal system.The episode also delves into the often-overlooked nuances of estate planning, illustrating how easily intentions can become muddied without explicit legal documentation. The story of a family torn apart by a contentious asset transfer serves as a cautionary tale, emphasizing the importance of clear directives in estate planning. Mulligan elucidates the concept of a resulting trust presumption and the admissibility of hearsay evidence in court, showing how these legal mechanisms can shape the outcome of inheritance disputes.Furthermore, the episode explores the critical role of explicit legal planning in safeguarding one's final wishes. It highlights the importance of leaving behind a clear and legally sound plan to avoid leaving loved ones embroiled in litigation. Finally, the episode deals with a successful claim for negligence arising from a serious injury caused by a side tackle in a recreational soccer game. Using a hockey analogy to explain the situation to a broad Canadian audience, the Court of Appeal explains that legal liability can flow from activity permitted in a game that is carried out in a reckless manner. Follow this link for a transcript of the show and links to the cases discussed. 

Navigate the complexities of landlord-tenant relationships with the expertise of Barrister and Solicitor Michael Mulligan from Mulligan Defense Lawyers, who joins us to unravel a contentious case where legal procedures and personal rights collide. As we dissect the Duncan case, you'll gain an understanding of how a simple notice for personal occupancy can escalate into a substantial monetary judgment and why procedural fairness in the Residential Tenancy Act hearings is more crucial than ever. Discover the role modern technology plays in judicial fairness as telephone hearings present unique challenges, including the risk of one party being left in the dark due to unequal access to documents.Transitioning to the workplace, we explore the razor-thin line between honesty and deceit through a narrative that serves as a cautionary tale for any professional. Michael Mulligan breaks down an intriguing wrongful dismissal lawsuit, where a manager's meal receipts resulted in cause for dismissal. But that's not all; we also examine the heart-wrenching story of a student's battle for rightful compensation following life-altering car accidents, contrasting this with the current landscape of no-fault insurance. Whether you're a landlord, tenant, employer, or employee, this episode provides not only the legal insights you need to navigate these waters but also the personal stories that remind us of the stakes at hand.Follow this link for a transcript of the show and links to the cases discussed. 

Dive into the heart of British Columbia's drug policy transformation with the sharp legal insight of Michael Mulligan from Mulligan Defense Lawyers. Unravel the threads of the decriminalization initiative and the controversial exemption sparking debate from the streets to the courtroom. Amidst the policy shifts, we scrutinize the troubling uptick in public drug consumption and the persistent scourge of drug-related fatalities. The episode takes an incisive look at BC's Restricting Public Consumption of Illegal Substances Act and the challenging legal terrain it navigates, all through the lens of Mulligan's profound expertise.Witness the tension between good intentions and the stark realities faced by those in the grip of the fentanyl crisis. Weigh the efficacy of policies meant to protect yet seemingly falter as public spaces become hotspots for substance use. This week's episode merges legal insight with societal impact, bridging the gap between what is legislated and what is lived by communities. Join Michael and me every Thursday for a forensic analysis of the laws shaping, and sometimes shaking, the bedrock of our society on CFAX 1070.Follow this link for links to the cases discussed and a show transcript. 

Navigating the intricate labyrinth of inheritance law, Michael Mulligan from Mulligan Defense Lawyers illuminates the conflicts that can ensnare beneficiaries doubling as executors of wills. Our conversation scrutinizes the importance of meticulous estate planning and the often-overlooked wisdom of appointing an impartial executor. We dissect a compelling legal case that invokes Section 103 of the Wills, Estates, and Succession Act, unravelling its role in safeguarding an estate during contentious litigation. Tune in for an education on the delicate balance of respecting a deceased's wishes while upholding the letter of the law.The waters of real estate transactions are murky, but with Mulligan's expert guidance, we chart a course through the tale of a Vancouver woman's legal battle with her real estate agent. This chapter is a masterclass on the distinction between negligence and breach of fiduciary duty as we dissect the court's decision in her attempts to flip three condominiums. The episode is an eye-opener for property investors and a stark reminder of the professional responsibilities that real estate agents must shoulder. Join us for these riveting narratives that reveal the complex dance between legal obligations and the pursuit of property profits.Follow this link for a transcript of the show and links to the cases discussed. 

When it comes to understanding the intricate legalities surrounding car accidents and insurance monopolies, there's no better guide than Michael Mulligan from Mulligan Defence Lawyers. In a revealing podcast episode, Mulligan elucidates murky financial arrangements at the Insurance Corporation of British Columbia (ICBC), a Crown corporation with a grip on British Columbia's vehicle insurance.The episode delves into a class action certification that shines a light on ICBC's financial transactions. Allegedly, ICBC made payments to the BC government for medical expenses that were not mandated, essentially imposing an unsanctioned tax on the ratepayers. This raises profound questions about the government's use of Crown corporations for financial cosmetics and the impact these actions have on individuals involved in car accidents. Mulligan further explores the repercussions of these payments, including the potential inflation of insurance rates and the deprivation of benefits for at-fault drivers. The discussion extends to the monopoly ICBC holds and its complex involvement in the medical funding realm. Listeners gain insights into the implications of insurance monopolies, like ICBC, and the significant effects they have on both legal responsibility and the overall financial landscape for drivers in British Columbia.Shifting the focus to vehicle ownership and liability, the episode examines a perplexing case from Central Saanich that links back to a Victoria car dealership. Mulligan breaks down the legal entanglements resulting from a car dealership's aggressive sales tactics that led to a complicated court battle. This case study highlights the critical importance of understanding the nuanced legal definitions of ownership and permission, particularly in light of the evolving insurance systems, such as the move to a no-fault system.The podcast provides a valuable lesson in the importance of due diligence when lending vehicles, as well as the increased responsibility that accompanies it. This knowledge is increasingly relevant in the context of the changing landscape of car accident liability and insurance rates.Through the course of the podcast, listeners are equipped with the tools to navigate the precarious world of car accident liability and insurance. Mulligan's expertise offers a compelling examination of the hidden truths behind government payments, legal responsibilities on the road, and the influence of insurance monopolies.By the end of the episode, you are more informed about the dynamics of insurance, ownership, and responsibility. With Mulligan's legal acumen, the complexities of ICBC's financial entanglements and the subtleties of car accident liability are decoded, offering clarity and a wealth of knowledge to anyone looking to understand these significant issues.Follow this link for links to the cases discussed and a transcript of the show. 

We started by discussing a captivating case from Central Saanich, a family farm at the center of a contentious legal dispute over tree protection bylaws. As we delved deeper into the case, we questioned the extent of the Community Charter's power on municipalities and whether farming should be classified as 'development'. Understanding the limitations and restrictions of tree protection bylaws is crucial, as it can help property owners avoid unnecessary legal disputes.Our exploration didn't stop there. We moved to Surrey, where we dissected two riveting cases involving property conversions. The first case highlighted the role of insurance companies in defending their insured during a civil claim. It underscored the necessity of the insured party's cooperation in the defence process and emphasized the insurance company's right to control the defence, given they bear the financial responsibility.The second case presented a cautionary tale of a homeowner who attempted to convert a single-family home into a fourplex without obtaining the necessary permits. The repercussions were severe and served as a chilling reminder of the importance of adhering to building regulations. The consequences of failing to comply with such regulations can lead to drastic measures, such as an order for the destruction of the unpermitted structures.Throughout our conversation with Mulligan, we emphasized the real-world implications of these legal issues. The laws and regulations governing tree protection and property conversions aren't abstract or remote concepts. They are rules that have a direct impact on our everyday lives, affecting everything from our living arrangements to our interactions with nature.Our discussion underscored the necessity of understanding these laws, especially for property owners. Knowing the limitations of tree protection bylaws can prevent costly and time-consuming legal disputes. Similarly, understanding the consequences of failing to comply with building regulations can save property owners from harsh penalties, including the destruction of their property.Overall, this episode serves as a reminder of the intricate, often challenging, nature of property law. It highlights the importance of seeking expert advice when navigating this complex field. Whether it's understanding the nuances of tree protection bylaws or the specifics of property conversions, legal professionals like Michael MUlligan provide invaluable guidance, shedding light on these complicated issues.Stay tuned for future episodes where we continue to explore the intricate world of law and its impact on our daily lives. We promise it will be a rollercoaster ride through the world of law that you won't want to miss.Follow this link for links to the cases discussed. 

Ever wondered about the potential pitfalls of inadequate paperwork and the enforceability of oral agreements? Well, buckle up! We've got Michael Mulligan, a seasoned Barrister and Solicitor, guiding us through some intriguing legal scenarios that just might make you rethink your decisions. We unpack a fiery dispute between two brothers over their mother's estate, a testament to the importance of arranging your affairs properly. The concept of consideration, joint tenancy and how your decisions could impact your family after you're gone are just a few things we'll be dissecting.But that's not all. We're also diving into the complex world of conservation law, examining a case where UBC's housing development plans hit a snag due to an unanticipated obstacle - an eagle's nest! As we delve into the case, we highlight the intricacies of conservation efforts. Also on the menu is a discussion on the power and responsibility of the provincial legislature in maintaining smooth local governance. We're putting the spotlight on a recent case in Alberta, where a dysfunctional city council had to be ousted by the provincial government. So, join us as we navigate these riveting legal landscapes with our expert guide, Michael Mulligan.Follow this link for a full summary of the episode, a transcript and links to the cases discussed. 

We start the episode by discussing the federal government's attempt to ban various plastic items. The ban was met with constitutional challenges from the Responsible Plastic Use Coalition and two provinces, Alberta and Saskatchewan. The federal government tried to classify plastic as 'toxic', a categorization that was deemed unreasonable by the judge due to lack of evidence. Furthermore, the government's jurisdiction to regulate garbage and related matters was questioned, as it falls under provincial jurisdiction. This situation offers an insightful glimpse into the power struggle between federal and provincial governments and the limitations of criminal law power.The episode then moves on to the government's mounting attempts to gain more control over the legal profession. We spotlight a recent case where the federal government tried to compel lawyers to report their clients' transactions to the tax department. This move raises alarming questions about the independence of the legal profession and the sanctity of client-lawyer confidentiality. The episode highlights the efforts of law societies across the country to push back against such government intrusions.This attempt to force lawyers to turn information over to the government about their clients is an example of why the BC government's proposal to take further control over their regulation of lawyers as part of a "Single Regulator" system is so problematic.  The last segment of the episode dives into the intricacies of wills and estates, spotlighting a case where a woman passed away without completing her will. The case underlines the importance of having a will in place and the legal repercussions that follow when one isn't. A related case, where a judge validated a woman's wishes for her estate as expressed in a letter, underscores the importance of intent and reasonable action in such scenarios.Overall, this episode provides a fascinating journey through the legal world's crossroads with societal issues. With expert insights from Michael Mulligan, it serves as an invaluable guide to understanding some of the most complex and contemporary legal challenges of our time.From understanding the legal and constitutional implications of a plastic ban to the complexities of estate planning and government intrusion into the legal profession, this episode offers an enlightening deep dive into the labyrinth of the law. Whether you are a law enthusiast, a practicing lawyer, or a curious listener, this episode is sure to broaden your understanding of the intricate dynamics of the legal world.Follow this link for a transcript of the show and links to the cases discussed.