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Legally Speaking with Michael Mulligan

Legally Speaking with Michael Mulligan

By: Michael Mulligan
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Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.© 2026 Legally Speaking with Michael Mulligan Political Science Politics & Government
Episodes
  • When Governments Write The Rules To Sue
    Jun 25 2026

    A province suing over opioids is one thing. A province passing a statute that makes it easier for itself to sue, then launching a sweeping class action on that foundation, is something else entirely. We walk through British Columbia’s opioid litigation strategy, the allegations about marketing and addiction risk, and how the Opioid Damages and Health Care Cost Recovery Act reshapes the usual civil rules around limitation periods, damages, and liability. If you’ve ever wondered what “government cost recovery” really looks like in court, this is the clearest real-time example.

    We also unpack the Court of Appeal’s decision on class action certification, because that early procedural stage often decides the real leverage in mass litigation. We talk about what certification is actually meant to test, why appellate courts don’t treat appeals as a second kick at the can, and what it means when dozens of lawyers show up to fight over whether a case can proceed as a class action at all. Along the way, we flag a practical concern that’s easy to miss: cross-border enforceability and why a judgment that looks unfair can trigger resistance in other jurisdictions.

    Then we switch gears to a BC civil forfeiture case involving a 2015 Dodge Challenger and allegations of dangerous driving. The fight isn’t just about speeding facts; it’s about whether the province can sell property before trial to avoid storage costs, and what “instrument of unlawful activity” means when no criminal conviction is required. If civil forfeiture, due process, and proportionality have ever seemed abstract, this one makes it concrete. Subscribe, share the episode with a friend, and leave a review telling us which issue matters more to you: opioid accountability or civil forfeiture powers.


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

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    20 mins
  • What Counts As A Right When There’s Nowhere To Sleep
    Jun 19 2026

    A city changes a bylaw, two parks get added to a no-camping list, and suddenly the real question isn’t “is this fair?” but “who has the legal power to decide?” We walk through a fresh BC Supreme Court decision on Victoria’s park camping restrictions, including why the court treats the amendment as legislation, not a mere policy tweak. That single classification reshapes the whole case: instead of weighing reasonableness, the court asks whether the City has authority under the Community Charter to pass the bylaw at all and answers yes.

    We also dig into the Charter section 7 backdrop from the 2009 Adams decision, where a blanket prohibition can become unconstitutional if there aren’t enough shelter spaces and people are forced to sleep outside. The ruling doesn’t end the broader homelessness and public space debate, but it clarifies what needs to be proven and by whom. A “free-floating” challenge without an affected person is a tough fit, while a future case with evidence of no realistic place to shelter could bring the constitutional issue back in a concrete way.

    Then we pivot to two fast, practical legal lessons. First, the BC Court of Appeal orders a new trial in a sexual assault case after the trial judge relied on prior consistent statements, a common credibility trap where repetition gets mistaken for proof. Finally, the Supreme Court of Canada interprets Charter section 16(2) on New Brunswick’s official languages and holds that appointing a unilingual lieutenant governor breaches the Charter, with implications for how we think about bilingualism and constitutional offices.

    If you found this useful, subscribe, share the episode with a friend, and leave us a review. What part of these rulings should Canadians be paying more attention to?


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

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    19 mins
  • Punitive Damages For Political Firing
    Jun 12 2026

    A public servant gives three decades to the province, then gets fired without cause on the very day a government is about to fall. The BC Supreme Court doesn’t just disagree with how it was handled, it finds the termination was politically motivated and meant to turn a non-partisan employee into a convenient scapegoat. We talk through what that finding really means in wrongful dismissal law, why the court awards significant punitive damages, and how the decision sends a clear warning that public servants are not political props.

    We also dig into the details that should make any listener who pays taxes pay attention: severance that appears to be legally owed gets withheld for months while pressure is applied to sign away the right to sue. Then we step back and ask the uncomfortable question about accountability, because the defendant isn’t a political party, it’s the Crown in right of British Columbia, meaning the costs and damages come out of the public purse. We also examine why a current government might still choose to deny improper motive and defend the case all the way through a long trial.

    From there, we shift to estate law in British Columbia and a fascinating WESA section 58 “curative provision” case about wills. A couple plans mirror wills with a lawyer, but the woman dies before signing and the only pre-death draft carries the partner’s name, while a corrected version is created after death. We explain what counts as a reliable “record” of testamentary intentions, why judges can cure some defects but cannot validate a will based only on what people say happened, and what this means for anyone who has been putting off their estate planning.

    If you found this useful, subscribe, share the episode with someone who needs it, and leave a review. What part worries you more: political firings funded by taxpayers or the risk of an unfinished will ending up in court?


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

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    22 mins
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