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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
  • Why B.C. Casinos Demand Bank Receipts For Big Buy‑Ins
    Feb 6 2026

    Big wins, bigger rules, and the fine print that shapes how money and data move in British Columbia. We start with the sourced cash condition that kicks in when casino buy‑ins exceed $10,000 and follow a frequent winner who challenged the requirement as unfair. The court weighed his argument against a framework that aims to deter money laundering with minimal burden, landing on a pragmatic outcome: reasons should usually be given, but receipts and bank trails are a reasonable gate to the high‑cash floor.

    From the cage to the checkout line, we then trace how Home Depot shared hashed email addresses from e‑receipts with Facebook to measure ad performance. The privacy class action clears a major hurdle, and the Court of Appeal signals that common issues can proceed even when individual impacts vary. One notable wrinkle: corporations aren’t automatically excluded from privacy protection where legislation is silent. For customers, it’s a real‑world lesson in how ad‑tech works behind the scenes; for businesses, a reminder that consent, transparency, and vendor integrations must line up with privacy law.

    We close with a difficult truth about B.C.’s no‑fault auto insurance and the absence of robust wrongful death damages. After a fatal crash caused by a driver fleeing police, grieving families face strict limits on compensation despite criminal convictions. The law values economic loss far more than grief, leaving young victims’ families with modest benefits that feel stark compared with the harm. It’s a policy choice with real human cost, and we explore what meaningful reform could look like.

    If this conversation helped you see the legal landscape a little clearer, follow the show, share it with a friend, and leave a quick review to tell us what you want to hear next.


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

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    21 mins
  • Truth, Credibility, And Criminal Records
    Jan 30 2026

    A courtroom isn’t a referendum on character, and we dig into why that principle matters. We break down the Supreme Court of Canada’s updated guidance on Corbett applications—the rules that govern when an accused’s criminal record can be used to challenge credibility. We talk plainly about the balancing test judges apply: weigh probative value against unfair prejudice. Dishonesty offences like fraud and perjury can be highly relevant to truthfulness; dated youth convictions for non‑deceitful violence usually are not. In the case we cover, the trial judge erred by admitting the latter, but the conviction still stood because the evidence was overwhelming. It’s a sharp lesson in tailoring cross‑examination to credibility, not propensity.

    Then we pivot to travel law with a surprising twist: a passenger burns his hand serving oatmeal in an airline lounge and sues. We map the Montreal Convention’s strict liability regime and why “embarking” is the line that matters. Being in a branded lounge past security isn’t enough; you need to be within the airline’s boarding control, like lined up at the gate. With the Convention off the table, the claim turns on occupiers’ liability. Reasonable safety does not mean perfect safety, and common sense counts. Hot food is hot, a clear flame symbol was present, and there was no proof of excessive temperature or unsafe setup—so no negligence.

    We close with a procedural reality check: reopening a case after you lose is rare. Courts will only allow it to prevent a miscarriage of justice, not to offer a second chance to fix gaps in evidence. Across these stories, a consistent theme emerges: Canadian law protects fairness through careful boundaries—on what juries hear, when airlines are strictly liable, how far safety duties go, and when a judgment is truly final. Enjoy the tour through credibility, common carriers, and courtroom finality—and if this resonates, follow, share, and leave a 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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    21 mins
  • Residue And Red Flags
    Jan 23 2026

    A will that looks proper on paper can still fall apart under real scrutiny. We walk through a striking Court of Appeal decision where a 92‑year‑old’s revised will took 18 nieces and nephews from life‑changing inheritances to token gifts, while siblings stood to gain over a million each. The key isn’t drama; it’s doctrine. When circumstances around a will raise well‑grounded suspicion—undue influence, unclear capacity, or radical shifts without explanation—the usual presumption of validity drops away, and the burden flips to the person pushing the will to prove it’s sound.

    We unpack how that burden‑shifting works, why “residue” can hide huge sums, and what evidence is needed to show the testator actually understood the size and consequences of their choices. You’ll hear how earlier documents, contradictory statements, and who drafted instructions can become powerful facts. In the end, the appellate court restored the original 2001 will, returning substantial shares to the nieces and nephews and offering a roadmap for spotting red flags in estate planning.

    Then we change gears to civil costs in British Columbia. A neighbour dispute over excavation damage led to a modest award in the Supreme Court, raising hard questions about forum selection, mitigation duties, and how costs can swing based on strategy and behaviour. One twist: the self‑represented plaintiffs relied on AI, which produced fake case citations. Thankfully, counsel caught the hallucinations immediately, but there were still cost consequences—and a clear lesson. Use AI as a starting point, never an authority. Verify every citation on CanLII, read the full text, and note up decisions to see what the law is today, not yesterday.

    If you care about clean estate planning, sound litigation strategy, and staying safe with legal tech, this conversation is your checklist. Subscribe, share with someone who needs it, and leave a quick review to help others find the show. What part challenged your assumptions most?


    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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