Our conversation begins with a deep dive into the charge approval process for sexual assault, where we illuminate the nuances between the standards required for police arrests and those for Crown charge approvals. We tackle the challenge of relying solely on the versions of events provided by complaints due to the lack of independent witnesses or forensic evidence. Through a discussion on trauma-informed interviewing, we ponder its potential impact on case outcomes and highlight the importance of maintaining fairness by not labelling complainants as victims before trial proceedings.

In the second half of the show, we tackle the sobering realities of hit-and-run cases. We explore an ICBC claim following a hit-and-run accident in Vancouver, emphasizing the importance of promptly and actively pursuing insurance coverage by identifying at-fault drivers rather than relying entirely on police investigations. To enrich this discussion, we welcome Michael Mulligan of Mulligan Defence Lawyers for his regular Legally Speaking segment, where he offers invaluable legal insights and expertise. Join us as we navigate these legal intricacies, offering you a rich understanding of the processes and implications at stake.

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

Why did former Constable Ferris' questionable actions lead to a legal overturning of drug convictions, and what role did an inadequate defence play in this dramatic courtroom saga? Join us as we promise to unravel the complexities of police misconduct, discredited testimonies, and the impact of mental health on legal defence. With Michael Mulligan of Mulligan Defence Lawyers as our guide, we navigate through a case that underscores how fragile justice can be, hinging on the integrity of evidence and the robustness of representation. This is more than just a legal story—it's a reflection on trust in law enforcement and the resilience of the appeals process.

We also explore a tangled web of inheritance and relationship status with profound implications for estate distribution. Was Sharon and Dick's companionship truly marriage-like, and how does this affect the legacy left behind? Michael Mulligan helps us dissect the judge’s decision, which drew from intimate accounts of the couple’s shared experiences rather than family skepticism. This episode highlights the critical need for clarity in wills, as we confront issues of spoliation and sibling contestation. Prepare for an engaging discussion that lays bare the subtle intricacies of human relationships and their legal ramifications.

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

Michael Mulligan from Mulligan Defence Lawyers joins us to untangle the intricate web of legal challenges sparked by personal entanglements within the courtroom. Imagine a scenario where a defence counsel's paralegal is romantically involved with the Crown counsel during a sexual assault trial. This isn't a plot twist from a legal drama, but a real-life case from Courtenay that led to a mistrial application, questioning the boundaries of professional ethics and the accused's right to know. We navigate through the complexities of this case, drawing parallels with precedents from Canada and the UK, and ponder the judge's authority to declare a mistrial post-conviction.

Shifting our focus to Vancouver’s courthouse, we confront the grim reality of operating in a neighbourhood plagued by violence and open drug use. Despite the Crown Counsel Association's plea for relocation, Attorney General David Eby’s decision keeps the courthouse at its precarious location, raising concerns for all who walk its halls. The need for heightened security measures and the pressing call for addressing underlying social issues become glaringly apparent. As we wrap up, a seemingly trivial lawsuit over a $90 lens coating teaches us a valuable lesson about weighing the cost of legal battles. Michael Mulligan offers his perspective on exercising sound judgment before entering the legal fray, emphasizing the importance of picking one's battles wisely.

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

Unravel the complexities of the criminal justice system as we confront two captivating legal stories in this episode. We begin with the unsettling case of a man whose violent spree of stranger attacks led to a legal battle over his sentence. Despite a traumatic past and serious substance issues, the BC Court of Appeal upheld his seven-year sentence, prompting us to question the balance between justice and rehabilitation. Explore the legal principles of consecutive versus concurrent sentences and the totality principle while grappling with societal challenges around providing treatment and shelter to those who resist it.

The second chapter plunges us into the murky waters of a decades-old murder case that left $30,000 hanging in a bureaucratic limbo. Discover how procedural oversights and jurisdictional disputes have kept this money in legal no-man's land since 1992. Michael Mulligan from Mulligan Defence Lawyers joins us, offering expert insights into the ethical and legal implications of dealing with assets tied to criminal activities. As we discuss the mishandling of seized property—like a forgotten cell phone—the importance of adhering to time limits becomes strikingly clear. Prepare for a thought-provoking journey through the intricacies of law and its impacts on society.

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

Experience an insightful journey through the complexities of the electoral process and the justice system with Michael Mulligan, Barrister and Solicitor at Mulligan Defence Lawyers. Ever wondered how a mere 27-vote difference can trigger a full judicial recount? This episode unravels the meticulous choreography behind recounts in the Surrey-Guilford Electoral District. Michael sheds light on how transparency and voter privacy are harmonized, the role of media in maintaining public confidence, and the captivating stories of disputed ballots where every mark counts.

Switching gears, join us as we navigate through a high-stakes case in the Court of Appeal of the Yukon involving allegations of racial profiling during police stops. Discover the intertwining judicial framework between British Columbia and the Yukon and the challenges faced by a claimant attempting to prove systemic discrimination. Michael offers his expert perspective on why the court upheld the trial judge's decision and what this could mean for similar future claims. This episode is your chance to deepen your understanding of critical judicial processes and their profound impact on individuals and communities.

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

Discover the serious legal ramifications of fleeing from justice in our latest episode, where we promise to unravel the complexities of absconding from trial and inter-jurisdictional disputes. Join us as we dissect a compelling case from Canada involving a woman who, after facing charges of forging a passport application, fled to India mid-trial, leading to her conviction in absentia. Her attempts to appeal while abroad were denied. We also navigate the nuanced world of easements in British Columbia, focusing on a heated legal dispute over a navigation light easement impacting blackberry field owners. The principle of inter-jurisdictional immunity takes center stage, highlighting federal authority over aerodromes and shaping the court's decision to maintain the easement.

Enhance your understanding of these legal intricacies with insights from Michael Mulligan of Mulligan Defence Lawyers. His expert commentary illuminates how these legal principles impact our daily lives, offering listeners practical advice and a deeper appreciation of the law's reach. Michael's engaging discussion provides clarity on complex issues, ensuring you're up-to-date with current legal trends. Tune in to gain a richer perspective on how legal matters influence both personal and broader societal contexts with an episode that promises to be as informative as it is fascinating.

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

Get ready to uncover the intricacies of the legal system with Michael Mulligan from Mulligan Defence Lawyers as we dissect a fascinating case of breach of trust theft. Ever wondered why embezzling from an employer gets a harsher sentence than other types of theft? This episode promises to enlighten you on the significant emphasis courts place on general deterrence, especially when trust is violated. We break down the sentencing, guilty pleas, and the crucial distinction between serving time in a penitentiary versus house arrest.

But that's not all! We also tackle the essential tools for debt collection—garnishing orders—exploring how creditors can secure payments even before a trial. Michael shares his expertise on maneuvering these legal remedies, their strategic application, and how to avoid the pitfalls of unpaid strata fees. Through captivating cases and expert insights, you'll learn the financial repercussions of neglecting obligations, and why responding promptly to strata fees is vital for communal harmony. Don't miss this engaging discussion that sheds light on the complexities of law, responsibility, and financial prudence.

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

What happens when a wealthy business owner disappears without a trace, leaving behind a tangled web of allegations, destroyed property, and unanswered questions? Join us as we explore this real-life mystery with expert insights from barrister and solicitor Michael Mulligan of Mulligan Defence Lawyers. We journey through the intricacies of the Presumption of Death Act, examining a case where millions in life insurance hinge on the final determination of a man's fate. From the eerie aftermath of a fire in his airplane hangar to the bizarre silence of his bank accounts, the case presents a fascinating puzzle full of legal and investigative challenges.

The episode takes an unexpected twist as we navigate the legal repercussions that arise if someone presumed dead were to reappear while also dissecting the nuances of Canadian law concerning police interrogations and the right to counsel. We also delve into a Court of Appeal case that revisits a first-degree murder trial due to the mishandling of a confession, emphasizing the critical importance of voluntariness in legal proceedings. Through these complex legal landscapes, listeners gain a deeper understanding of how justice is pursued and the vital role of law in unravelling mysteries. Tune in for a thought-provoking episode that promises to leave you with more questions than answers.

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