Legally Speaking with Michael Mulligan
Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
Episodes
296 episodes
BC Law Society Defamation Claim and Boat Storage After Death
A hyperlink and headline can change the stakes of a professional disagreement. We talk through a Victoria-based defamation lawsuit against the Law Society of British Columbia after a lawyer proposes changing mandatory Indigenous cultural ...
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20:09
Sentencing For Indiginty to Human Remains and Tribunal System Fix
Someone dies, and the person beside them makes a choice that shocks everyone: no call for help, no report, just a body hidden away. We unpack a BC Provincial Court sentencing decision under Criminal Code section 182, the offence of offering an ...
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20:29
When “Not Now” Still Means “Maybe Later” For Private Property and ICBC Hit and Run Requirements
A stolen truck blows a stop sign at 4 a.m., the driver vanishes into the dark, and ICBC says the injured victims didn’t take “all reasonable steps” to find who hit them. We dig into the Court of Appeal’s reversal and why the phrase reasonable m...
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21:20
Trespass By Water, Insurance Duties, And Late Amendments To A Civil Claim
A hose can start a lawsuit—and a precedent can end one. We dive into two fresh BC court decisions that show how civil law balances fairness, timing, and finality. First, we break down a neighbourhood flooding dispute where homeowners sought to ...
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21:54
AI Facial Recognition Company Violates Privacy Law, Drone Interference, And DIY Silencers
Your face might already live in a searchable database—and BC’s courts just drew a sharp line around what companies can do with it. We break down a major ruling that upholds the privacy commissioner’s order against Clearview AI, unpack why “publ...
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21:05
When Wiretaps Cross The Line
A live wiretap, a lawyer on the line, and a rule that said “stop listening”—which police ignored. We dive into a rare Supreme Court of Canada decision where constitutional safeguards, solicitor-client privilege, and the search for truth collide...
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19:32
Why B.C. Casinos Demand Bank Receipts For Big Buy‑Ins
Big wins, bigger rules, and the fine print that shapes how money and data move in British Columbia. We start with the sourced cash condition that kicks in when casino buy‑ins exceed $10,000 and follow a frequent winner who challenged the requir...
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21:14
Truth, Credibility, And Criminal Records
A courtroom isn’t a referendum on character, and we dig into why that principle matters. We break down the Supreme Court of Canada’s updated guidance on Corbett applications—the rules that govern when an accused’s criminal record can be used to...
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20:35
Residue And Red Flags
A will that looks proper on paper can still fall apart under real scrutiny. We walk through a striking Court of Appeal decision where a 92‑year‑old’s revised will took 18 nieces and nephews from life‑changing inheritances to token gifts, while ...
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21:33
Habitat for Humanity Saved, Fitness for Trial and Foreign Buyer Tax
What happens when a charity’s promise of affordable homeownership collides with tenancy law, a defendant’s faith collides with courtroom rules, and a tiny ownership share collides with a big tax bill? We dig into three BC Court of Appeal storyl...
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20:56
Inside The Injunction: Stopping Bulk Pseudo‑Legal Mail To A BC Court Registry
A small BC registry faced an outsized problem: one litigant’s avalanche of quasi‑legal letters and “certificates” that looked official enough to demand hours or days of staff time to sort, scan, and check. We trace how the Attorney General soug...
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22:06
When Free Expression Ends And Misconduct Begins At A Canadian University
Courtrooms, campus corridors, mountain slopes, and border tarmacs: we connect them through three rulings that change how you navigate rights, rules, and risk. We start with a Vancouver Island University protest case where banners, ladders, and ...
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21:43
How Canada’s New Justice Bill Could Reshape Courts, Sentencing, And Digital Harms
A 76-page justice overhaul just landed, and we’re diving into what actually changes for victims, accused persons, and the people who keep our courts running. We break down how Bill C-16 reframes parts of criminal law—naming femicide as a route ...
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21:39
How To Lose A Job In 10 Words Or Less
A single sentence can change a career. We open with a real-world case: a shuttle driver on SFU property tells a flagger she’s “unbelievably beautiful” and suggests modelling. Security documents the exchange, the university issues a campus ban, ...
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20:58
Wills, Words, And What Counts
A signed page beside a will. A daughter who gave up her life to care for her parents. A court is asked to decide whether a single sheet of paper can rewrite an estate. We dig into a recent BC Supreme Court ruling to unpack how WESA’s formal req...
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21:54
When A Guest Won’t Leave
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 Parli...
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22:02
How A Judge’s Questions Crossed The Line And Triggered A New Trial
Ever wondered when a judge’s questions stop clarifying and start tilting the scales? We dive into a BC sexual assault case where the trial judge’s heavy-handed interventions—pages of pointed questioning, steering how evidence was led, and relyi...
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21:10
When Your Outfit Is “Red To Hide Blood,” You’ve Made Bad Choices
A 20-year online feud that began on a community website ended with a meticulously planned attack inside a BC courtroom—red clothes to hide blood, a packed suitcase, a knife and a hammer, and alcohol for courage. We walk through how the trial ju...
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21:48
Bail Myths, Real Fixes
Think “bail reform” will clean up street disorder? We take a hard look at what Bill C‑14 really changes and why it targets the wrong problem. From the presumption of innocence to the right to remain silent, we trace how symbolic tweaks and reve...
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21:59
When Indigenous Identity Emerges After Sentencing
A guilty plea, a forgotten past, and a courtroom test of how identity meets justice. We open with a 2011 assault case resolved by a joint submission: an 18‑month conditional sentence after the accused conceded his force exceeded self‑defence. Y...
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21:55
From Picton’s Farm to the Coroner
A notorious criminal case and a sweeping policy change collide in one packed hour, and the throughline is unmistakable: how law balances dignity, proof, and practical consequences. We start by unpacking the latest development in the Robert Pict...
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21:14
Sugar, Support, and Frankie
A seven‑month marriage sparked on a sugar‑arrangement site, a $12,000/month support bid, and a dog named Frankie—this one has layers. We open with a candid walk‑through of interim spousal support: what it’s for, how courts weigh “capacity to pa...
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22:01
When Does Someone Become an Agent of the State?
Where do your constitutional protections begin and end? The dividing line between private actions and state authority forms the heart of a fascinating BC Court of Appeal decision that clarifies when ordinary citizens become "agents of the polic...
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21:19
Self-Defense Rights in Your Home
What happens when the line between victim and perpetrator blurs in the eyes of the law? When a homeowner confronts a crossbow-wielding intruder or store employees stop a car theft, should they face criminal charges or civil lawsuits for defendi...
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20:35
Secret Decisions and AI Submissions: Civil Resolution Tribunal Challenges
What happens when a legal system designed for small claims is used to tackle complex issues involving international companies and constitutional requirements? Barrister and Solicitor Michael Mulligan takes us inside a fascinating recent case th...
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21:17