Legally Speaking with Michael Mulligan

Written by: Michael Mulligan
  • Summary

  • Legal news and issues with lawyer Michael Mulligan on CFAX 1070 in Victoria, British Columbia, Canada.
    © 2025 Legally Speaking with Michael Mulligan
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Episodes
  • Public Park Liability and Marine Mammal Regulations
    Feb 20 2025

    What legal responsibilities do towns have when a simple stroll through a park turns tragic? Join us as we sit down with Michael Mulligan to uncover the layers of liability and negligence that come into play when public spaces fail to safeguard their visitors. Through the lens of a heart-wrenching case involving a young boy in Gibsons who became tetraplegic after a dead tree fell on him, we explore the critical question of whether the town fulfilled its duty of care under the Occupiers Liability Act. Michael helps us dissect the legal obligations and expectations placed on municipalities to ensure safety, including how standards like the Wildlife Danger Tree Assessors course influence these responsibilities.

    Pivoting to the realm of marine life, we navigate the murky waters of marine mammal regulations with a keen eye on a legal case that raises questions about the fairness of prosecution. When a woman was accused of disturbing killer whales while paddleboarding, it highlighted the labyrinth of modern legal statutes that can ensnare even the most well-meaning individuals. Michael guides us through this legal conundrum, addressing the principle that ignorance is no defence and the peculiar world of licensing fees for hunting marine mammals. We spotlight the legal processes, from evidence handling to upholding an individual's right to a fair trial, ensuring that justice remains not just a concept but a reality.


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

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    23 mins
  • From Traffic Dilemmas to Inheritance Protection
    Feb 14 2025

    Unlock the secrets to challenging traffic citations and safeguarding your inheritance as we dissect intriguing legal scenarios from British Columbia. Ever wondered about the complexities behind those speed signs in construction zones? Discover how questioning their validity can shift the burden onto the Crown and how this impacts unsuspecting drivers. We'll shine a light on the legal presumptions that surround highway signage and discuss a recent case that brings these issues to the forefront, revealing the puzzling maze drivers might face when confronted with misleading or improperly erected signs.

    On a different note, we venture into the delicate balance of family obligations and government policy through the lens of a thought-provoking case involving a Henson Trust. What happens when a woman seeks to protect her $1.8 million inheritance while ensuring her eligibility for government benefits? Hear the compelling arguments and judicial decisions that question societal norms about wealth and public resource accessibility. Plus, we're joined by Michael Mulligan from Mulligan Defence Lawyers, who shares his expert legal insights, helping you navigate the complexities of these fascinating cases. Don't miss this opportunity to gain valuable perspectives from an experienced legal mind.


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

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    23 mins
  • Murder Parole Ineligibility Challenge, Crown Sleeps In and Mutual Fund Fees
    Feb 9 2025

    Prepare to challenge your understanding of Canadian law with our guest, Michael Mulligan, as we unravel three pivotal legal cases making headlines in British Columbia. First, we dissect a bold ruling where a BC judge declared the 25-year parole ineligibility for first-degree murder unconstitutional. This decision could transform the legal landscape, questioning whether longstanding standards align with modern constitutional rights. We explore the historical precedents, including the Supreme Court of Canada's 1990 Luxton decision, and consider the implications of evolving legal interpretations on future cases.

    Switching gears, we uncover the curious dismissal of a case due to a no-show Crown prosecutor, illustrating the intricate dance of jurisdiction between the BC Supreme Court and BC Provincial Court. With procedural nuances in the spotlight, we discuss historical instances like a Crown Counsel strike, shedding light on the complexities of prosecution duties. Lastly, we navigate through the latest developments in a class action lawsuit against HSBC, where allegations of mutual fund misrepresentation have sparked claims of unjust enrichment. Learn the crucial differences between actively and passively managed funds and why these distinctions matter to investors seeking value for their money. This episode promises a deep dive into the dynamic interplay of law and current events, offering insights that are both enlightening and thought-provoking.


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

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    21 mins

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