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  • From Picton’s Farm to the Coroner
    2025/10/09

    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 Picton matter: with the RCMP ending their investigation and holding thousands of seized items—some believed to be human remains—families sought a court order to keep everything preserved for a civil occupiers’ liability claim against Picton’s estate and his brother. We walk you through why the judge refused. The key: meticulous police documentation, DNA profiles, and forensic records made the physical remains unnecessary to the civil issues, while the coroner is legally mandated to identify, notify families, and ensure respectful disposition. It’s a difficult ruling with a humane core—moving evidence out of limbo and toward answers.

    From there, we pivot to construction law’s next big shake-up: Bill 20, the Construction Prompt Payment Act. If you build, supply, wire, pour, or manage, this matters. We break down the “proper invoice” requirements, the 28-day payment clock (plus seven days per tier), and the new adjudication system designed to unstick payment disputes before they snowball. We map real-world risk: multi-layered chains, scope changes, and deficiency claims colliding with statutory deadlines. And we examine oversight, including how judicial review is framed, why documentation will be your best defence, and how to align contracts, invoicing, and site practice so cash keeps moving.

    By the end, you’ll understand why the court’s decision may bring families closer to closure—and why construction businesses need to prepare now for compliance, adjudication, and potential work stoppages if payments fail. If this conversation helps you think differently about evidence, dignity, and getting people paid, follow the show, share it with your team, and leave a review to help more listeners find it.


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

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    21 分
  • Sugar, Support, and Frankie
    2025/10/02

    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 pay,” and why selling capital assets to fund an opulent lifestyle isn’t the same as earning income. The applicant’s luxury‑level budget meets judicial scrutiny, while the respondent’s push to impute escort income and point to family wealth hits legal limits. The end result—$4,000/month plus a retroactive lump—shows how judges balance short marriages, realistic needs, and the difference between lifestyle and income.

    Then the plot thickens. A same‑day, ex parte protection order leads to disputed removals from the home and a tussle over Frankie. We unpack how BC’s Family Law Act treats companion animals: not as handbags, but through factors like who provided care, safety concerns, and well‑being. On an interim basis, Frankie stays put—illustrating how courts separate urgent stability from final outcomes and insist on full candour when seeking protective relief.

    The second half pivots to evidence law and a rare rebuke: the province sought a lifetime ban on a man from a welfare office, relying on an internal incident report as a “business record.” Both the trial court and the Court of Appeal said no. We explain why “ordinary course of business” demands reliability—think automated receipts and bank statements—not a narrative drafted post‑incident for litigation. Even beyond admissibility, the appellate court flags proportionality: a permanent injunction is an extraordinary remedy, not a default response.

    If you care about how courts actually draw the line between income and spending, how interim orders stabilize without deciding the future, how pet custody really works, and when business records are admissible, this conversation is your blueprint. Listen, share with a friend who loves law done plainly, and leave a quick review to help others find the show.


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

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    22 分
  • When Does Someone Become an Agent of the State?
    2025/09/25

    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 police."

    The case centers on Loomis Courier employees who, at police direction, set aside suspicious packages for warrantless seizure during a drug investigation. Unlike previous cases involving independent security guards or school administrators, these employees were acting on specific police instructions. The Court established that the key test is whether individuals would have conducted themselves the same way "but for" police involvement—a crucial distinction that determines whether evidence can be excluded from criminal trials.

    Privacy rights received further examination in a separate ruling that overturned a class action against the doctor rating website RateMDs.com. The Court determined that publicly available professional information—like a doctor's office address or phone number—doesn't carry a reasonable expectation of privacy protected under BC's Privacy Act. This distinction between truly private information and professional details available through other sources highlights the contextual nature of privacy protections in the digital age.

    The Court also addressed the tension between professional standards and constitutional freedoms in a case involving a lawyer disciplined for sharing inappropriate "locker room talk" about a judge with a client. While not condoning the behavior, the ruling emphasized that regulatory bodies must balance conduct requirements against fundamental rights like freedom of expression—even when regulating professionals whose speech carries special responsibilities.

    These rulings collectively illustrate how courts navigate the complex intersection of individual rights, professional obligations, and state authority. They remind us that understanding these boundaries is essential in a world where the line between private and public actions continues to blur. What private actions in your life might unexpectedly cross into constitutional territory?


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

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    21 分
  • Self-Defense Rights in Your Home
    2025/09/19

    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 defending themselves and their property?

    Barrister Michael Mulligan unpacks the controversial legal landscape of self-defense in Canada, explaining how the 2012 amendments to the Criminal Code created a complex "reasonableness" requirement for those protecting themselves or others. This means that even when facing deadly threats in your own home, the law expects you to consider factors like the relative size, age, and gender of your attacker before responding. As Mulligan notes, "When you're fighting for your life or to save your children, you don't need to worry about weighing up how old this person is and what their gender is."

    The discussion extends beyond criminal liability to civil lawsuits, highlighting a case where a self-described "career criminal" is suing grocery store employees who prevented him from stealing a car, claiming they damaged his self-esteem. This mirrors Alberta's experience, where a rancher faced legal action from a thief after firing a warning shot. The provincial response—legislation preventing "criminal trespassers" from suing unless force was "grossly disproportionate"—offers a potential model for other provinces.

    The episode also examines a revealing case about Uber's wheelchair accessibility requirements in BC. Instead of mandating accessible vehicles, the government collects a 90-cent fee per non-accessible trip—money that disappears into general revenue while wheelchair users remain unable to use the service. When one wheelchair user won a $35,000 human rights award, the BC Supreme Court overturned it, revealing the tension between regulation and actual solutions.

    These cases raise fundamental questions about our legal priorities: Should we better protect those defending themselves and their property? And when regulations like Uber's accessibility fee don't solve the actual problem, what's their real purpose? Listen for an eye-opening look at where our laws might be failing those they're meant to protect.


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

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    21 分
  • Secret Decisions and AI Submissions: Civil Resolution Tribunal Challenges
    2025/09/11

    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 that exposes serious flaws in British Columbia's Civil Resolution Tribunal system.

    Originally created to efficiently handle disputes under $5,000 and minor strata disagreements, the CRT has been expanded into areas far beyond its capabilities. The recent decision involving Twitter/X reveals a troubling reality: secret decisions and unenforceable orders against international companies, with no authority to address constitutional challenges, and vulnerability to exploitation through AI-generated submissions. The tribunal found itself ordering a Texas company to mail a $100,000 penalty to a Victoria PO box - an exercise in futility that undermines confidence in our justice system.

    The conversation then shifts to a cautionary tale about insurance coverage that every homeowner needs to hear. A family lost hundreds of thousands in coverage when their house burned down from a prayer candle fire - not because of any wrongdoing related to the fire, but because they failed to disclose an abandoned marijuana grow operation in a distant outbuilding. This case demonstrates the critical "utmost good faith" principle in insurance: failing to notify your insurer in writing about any material change in risk can void your coverage completely, even when that change has nothing to do with your claim. Consider all the renovations, changes, or activities on your property that might constitute "material changes in risk" - your financial security may depend on proper disclosure.


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

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    21 分
  • Replaced by Mr. Bean in an Office Without AC? That's Constructive Dismissal
    2025/09/04

    Fentanyl trafficking sentences in BC just got a major overhaul. The BC Court of Appeal has mapped out clearer sentencing guidelines, creating a three-tier system that reflects the devastating impact of the deadly opioid crisis. Street-level dealers now face 18 months to 3 years, mid-level traffickers 4-7 years, and wholesale distributors 8-15 years behind bars. The Court emphasized this framework still allows judges to tailor sentences to individual circumstances, but makes clear that the gravity of fentanyl trafficking demands serious consequences. With over 14,500 British Columbians having lost their lives to toxic drugs in just eight years, the justice system is responding with a structured approach to punishment.

    At Simon Fraser University, academic freedom and freedom of association collided when faculty members challenged their own Faculty Association's resolutions on Gaza. The controversial statements narrowly passed but sparked a legal battle under the Societies Act. The case highlights a fascinating tension - what happens when you're required to belong to an organization that takes political positions you fundamentally oppose? The court ultimately allowed the Faculty Association broad latitude in its activities, continuing a precedent that permits professional associations to venture beyond their core employment-related purposes. This ruling affects anyone in Canada who must maintain membership in unions or professional organizations.

    We wrap up with a constructive dismissal case that seems straight out of a comedy sketch - except it was all too real for the employee involved. A 63-year-old comptroller was given notice of termination but required to keep working for eight months while being gradually replaced by someone actually named "Mr. Bean." Adding insult to injury, the employee was relocated to an interior office without air conditioning (at an air conditioning company!). The court recognized these cumulative actions created an intolerable work environment, awarding 15 months' severance and confirming employers cannot circumvent termination obligations by making work conditions unbearable.

    Have questions about how these legal developments might affect you? We'd love to hear your thoughts on these fascinating intersections of law and everyday life. Subscribe to catch our weekly legal insights and join the conversation about how our justice system continues to evolve.


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

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    22 分
  • Tragic Intersection: The Thin Line Between Mistake and Crime
    2025/08/29

    When does a driving mistake become a crime? The latest Court of Appeal ruling tackles this haunting question through the case of a driver who missed a red light, causing a collision that killed an 18-month-old child and seriously injured the father. Despite the devastating outcome, the court upheld the driver's acquittal on dangerous driving charges, drawing a careful distinction between tragedy and criminality.

    The case illuminates the legal threshold for dangerous driving in Canada. Unlike provincial traffic violations, criminal dangerous driving requires a "marked departure from the standard of care of a reasonably prudent driver." This distinction carries enormous consequences in BC's no-fault insurance system, where criminal convictions can leave drivers personally liable for millions in damages with no insurance coverage. The ruling affirms that momentary lapses in attention, while potentially catastrophic, don't automatically cross into criminal territory.

    Also examined was a fascinating estate case spanning nearly four decades. When a terminally ill woman created her will in 1984, she couldn't have anticipated her modest $50,000 home would be worth $1.2 million by the time her partner died 37 years later. The court had to determine whether her children should receive half the original value or half the current value—ultimately ruling that the original value prevailed. Finally, we explored how "unexplained wealth orders" in civil forfeiture cases can force individuals to account for suspicious assets like million-dollar properties and cash hoards that don't match their declared income.

    These cases remind us how legal decisions shape lives in profound ways, whether determining criminal liability for split-second errors, interpreting decades-old intentions, or requiring explanations for suspiciously acquired wealth. Subscribe to our podcast for more insightful legal analysis that makes complex Canadian law accessible and meaningful.


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

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    20 分
  • Indigenous Title vs. Private Property: The Cowichan Tribes Decision Explained
    2025/08/15

    The foundation of property ownership in British Columbia faces a potential earthquake with the landmark Cowichan Tribes decision. After what may be Canada's longest trial—spanning over 500 days—the judge delivered an 800-page ruling that could fundamentally alter who truly owns land throughout the province.

    Michael Mulligan breaks down this complex legal battle by explaining the collision between two powerful forces: BC's Torrens property system and Aboriginal title claims under Section 35 of the Constitution. The Torrens system provides what legal experts call "indefeasible title"—conclusive proof of ownership registered with the government that enables secure property transactions and mortgage lending. But the judge has ruled that Aboriginal title is "a prior and senior right to land" that can exist simultaneously with registered property ownership, potentially superseding private property rights despite the Torrens system's guarantees.

    The implications are profound. If Aboriginal title claims—which cover virtually the entire province, often with overlapping claims from multiple Indigenous groups—can override registered property ownership, what happens to homeowners who've worked their entire lives to pay for their properties? The economic consequences could be equally severe, as mortgage lending depends on the certainty of ownership. As Mulligan observes, the legal system ultimately depends on public acceptance: "If I tell you that the house you worked for and paid for is no longer yours, I don't know that that's generally going to be accepted." With BC already announcing its intention to appeal, this case will likely progress through higher courts, where judges must balance constitutional obligations to Indigenous peoples with maintaining a functional property system. Listen now to understand what's at stake for every property owner in British Columbia.


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

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    17 分