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Legally Speaking with Michael Mulligan

Legally Speaking with Michael Mulligan

著者: Michael Mulligan
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Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.© 2025 Legally Speaking with Michael Mulligan 政治・政府 政治学
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  • Wills, Words, And What Counts
    2025/11/27

    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 requirements and the curative power of section 58 actually work when intention, capacity, language, and timing collide. If you’ve ever wondered whether “wishes” are enough, this story shows why two witnesses, translation, and dated execution details matter more than heartfelt words.

    Then we pivot from probate to plumbing with a small claims case that starts with a jailhouse phone call and ends with a $34,000 invoice. The homeowner’s mom acted as go‑between while crews replaced pumps, chased leaks, and tackled a failing septic system. With spotty records and no signed work authorizations, the judge had to reconstruct a contract from dispatcher notes, GPS logs, and receipts. The result lies between free fix and blank cheque: agency is recognized, unjust enrichment is avoided, and the final award is trimmed to what’s reasonably proven.

    Across both cases, one theme holds: intent without process is a gamble. For families, that means executing wills to WESA standards, confirming capacity, and ensuring translation for non‑fluent testators. For trades and contractors, that means written scope, clear rates, change orders, and contemporaneous records that survive scrutiny. These aren’t legal niceties; they are the difference between peace and protracted fights—between getting paid and getting pared down.

    If this conversation helps clarify how to protect your wishes and your work, follow the show, share it with someone who needs it, and leave a quick review so others can find it. Your feedback helps us tackle more real cases with practical takeaways.


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

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    22 分
  • When A Guest Won’t Leave
    2025/11/20

    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.

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    22 分
  • How A Judge’s Questions Crossed The Line And Triggered A New Trial
    2025/11/13

    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 relying on answers personally elicited—pushed the process past what a reasonable observer would call fair. The conviction didn’t fall because of proven bias, but because the appearance of fairness matters just as much as the verdict, and the court ordered a new trial to reset the game.

    From that courtroom moment, we zoom out to a piece of Canadian legal history that still shapes modern practice: private prosecutions. Yes, “anyone” can lay an information, but today the pathway runs through built-in safeguards—judicial screening, notice to Crown Counsel, and the power for Crown to take over and stay proceedings. We explain when that discretion is virtually unreviewable, and when it crosses into abuse of process due to bad faith, improper purpose, or actions that undermine the integrity of the justice system. Along the way, we examine a real-world attempt to weaponize private prosecutions against police, prosecutors, and politicians, why it failed on evidentiary grounds, and how courts use tools like summary dismissal and ad hoc Crown to keep the system credible.

    If you care about fair trials, judicial neutrality, prosecutorial discretion, and the rare but critical safety valves that keep politics in check, this conversation offers a clear, grounded tour of the law in action. Subscribe, share with a friend who loves legal deep dives, and leave a review to tell us where you think the line should be drawn.


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

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    21 分
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