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Legally Speaking with Michael Mulligan

Legally Speaking with Michael Mulligan

By: Michael Mulligan
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Summary

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
  • If Nobody Agreed Then Why Pay Anything
    May 14 2026

    One email reply can feel harmless until it turns into a $17,500 invoice. We start with a recruiter placement fee fight that asks a deceptively simple question: when do you actually have a contract? A law firm agrees to work with an external recruiter, receives resumes, interviews a candidate, and hires them, then gets a “standard form” contract after the fact, demanding 17.5% of the salary. We unpack what contract law requires in British Columbia, why not every deal needs a signature, and why “sure” is not always acceptance of a price you never saw.

    Then we shift to employment law and a fixed-term employment contract that ends right on schedule. A worker argues that passing a performance review and changing a title from manager to executive director effectively turns a one-year agreement into permanent employment. We walk through why the court rejects that theory, what a title change does and does not prove, and why clear written terms can prevent expensive ambiguity for both employers and employees.

    We close with a cautionary tale from the Royal Vancouver Yacht Club: a 1969 wooden yacht collapses in a boat lift, and the owner sues for negligence, only to run into a signed waiver and a failed spoliation argument about overwritten video. The result highlights how enforceable waivers work, why evidence preservation matters, and how cost clauses can raise the stakes after a claim is dismissed. If you found this useful, subscribe, share the episode with a friend who signs things too fast, and leave us a review.


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

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    22 mins
  • A Kickboxing Tragedy And The Cat Ate My Ticket
    May 7 2026

    One decision can change a life, and another can quietly lock you into a guilty plea. We start with a heartbreaking civil claim tied to a mixed martial arts tournament and a kickboxing bout that leaves a 26-year-old UBC chemistry graduate in a permanent vegetative state. Because the event took place in space owned by Simon Fraser University, SFU ends up in the lawsuit and tries to shift responsibility to the province by pointing at the BC Athletics Commissioner, who approved kickboxing under the Criminal Code “prize fight” framework.

    We dig into what that approval power really means, and why the BC Court of Appeal says it still does not create the kind of proximity needed for negligence. Using the Anns/Cooper analysis, we unpack duty of care, remoteness, and the core idea that a statutory decision-maker acting for the public good is not automatically on the hook for private damages when something goes wrong. It’s a clear look at the limits of government liability, even when a regulator could have said “no” and prevented the event from happening.

    Then we switch gears to a BC Supreme Court ruling with everyday stakes: a speeding and driving-without-due-care ticket, a missed 30-day deadline under the Offence Act, repeated attempts on an online dispute portal, and the explanation that a cat damaged or “ate” the ticket. We walk through the extension-of-time test, what “arguable defence” requires, and why missing even one required factor can sink your application.

    If you value practical legal takeaways and clear explanations of Canadian case law, subscribe, share the episode, and leave us a review. What part of these rulings do you think the courts got right or wrong?


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

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    21 mins
  • Lack of Jails Threatens Trials and BCNDP vs Constitutional Requirements
    Apr 30 2026

    A court system can have the best rules on paper and still grind to a halt when there is nowhere to hold people. We start with a fresh BC Supreme Court practice direction aimed at a problem that’s been building quietly across the province: accused people denied bail in communities with no correctional facility close enough to support a long trial. When daily transport is impossible and police detachments refuse to function as ad hoc jails, judges are left making hard calls that affect fairness, public safety and the Charter right to a trial within a reasonable time.

    From chartered flights to the limits of small-town holding cells, we talk through why this is happening and what the court is now requiring through pretrial hearings. We also break down the real-world outcomes on the table: adjournments that risk delay arguments, moving trials away from the community where allegations arose, or releasing an accused from custody simply so the trial can proceed without collapsing under logistics. If you care about access to justice in British Columbia, this is where policy meets reality.

    Then we turn to one of the biggest legal governance fights in BC right now: the constitutional challenge to the Legal Professions Act and the future of the Law Society of British Columbia. We dig into the idea of an independent bar as an unwritten constitutional principle, why that independence gives meaning to an independent judiciary, and what it could mean when legislation steers a legal regulator toward government priorities like UNDRIP while adding new approval structures and expanding appointment power. The trial decision lets the law stand for now, but the stakes are high and the next stop is likely the Court of Appeal.

    Subscribe for more Canadian legal analysis, share this with someone who follows BC politics, and leave a review to help others find the show. What’s the bigger risk here: justice delayed by logistics or independence weakened by design?


    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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