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Legally Speaking with Michael Mulligan

Legally Speaking with Michael Mulligan

著者: 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 政治・政府 政治学
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  • When Poker Winnings Become Taxable
    2026/06/04

    A million-dollar poker run sounds like the ultimate loophole, until the CRA decides it looks like a job. We talk with criminal defence lawyer Michael Mulligan about a Supreme Court of Canada leave decision that leaves standing a key ruling on poker winnings and Canadian income tax, and the real lesson it carries for anyone who treats gambling like a serious side hustle or a full-time living.

    We get into why most gambling winnings in Canada are generally tax-free under the Income Tax Act, then zero in on the exception: when the activity becomes business income. Hours spent, strategy, risk management, consistent profits, and relying on poker as your main source of income can all push you over the line. And if it’s business income, it can cut both ways, because deductions for losses and expenses may be available just like any other business.

    Then we shift to a topic that frustrates the public and the courts alike: criminal cases that take too long. We unpack Jordan’s hard timelines under Charter section 11(b), what counts as delay, and how the Supreme Court now treats “exceptionally complex” prosecutions with many accused and mountains of disclosure.

    If you care about Canadian law, taxes, and how court decisions affect everyday choices, hit subscribe, share this with a friend, and leave us a review. What do you think should count as “work” when luck is involved?


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

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    23 分
  • Camp Thunderbird Gate Fight And A 15-Year Lawsuit Over A Supposed Public Road
    2026/05/28

    A locked gate at a kids’ camp sounds like a small-town nuisance until you trace it back to 1935 and forward to a trial date in 2027. We dig into a Greater Victoria dispute where companies say a historic public road, sometimes labelled Settlers Road or Glints Lake Road, should let them pass through Camp Thunderbird to reach adjacent land for a cell phone antenna. The twist is procedural: the lawsuit has dragged on since 2010, and the YMCA tries to have it tossed for want of prosecution after roughly 15 years of delay. We break down how BC Supreme Court judges weigh “inordinate delay”, excuses, presumed prejudice, and the interests of justice when time itself starts changing the evidence.

    Then we pivot to a criminal law problem that hits even harder. Police recorded an interview where a key witness allegedly recanted, the investigation was closed, and years later the allegation returned with charges. The recording that could test credibility is gone. We unpack Charter section 7 disclosure rights, the duty to preserve evidence, and the line between an abusive process and “unacceptable negligence”, plus why the remedy often depends on how the rest of the trial unfolds.

    We close with a Law Society discipline case involving client identification rules, anti money laundering safeguards, and a pro bono lawyer caught in the system. The fine gets overturned on judicial review, but the Court of Appeal blocks special costs against the Law Society, raising tough questions about accountability when a tribunal gets it wrong. If you value smart legal analysis grounded in real BC cases, subscribe, share this with a friend, and leave a review. What part of these rulings sits wrong with you?


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

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    22 分
  • The Supreme Court Of Canada Just Opened A New Door To Sue Your Ex
    2026/05/21

    A single Supreme Court of Canada decision can quietly change the ground rules for thousands of breakups, and this one just did. We unpack the Court’s creation of a new tort tied to intimate partner violence, described in terms of coercive control and coercive and controlling conduct, and we dig into what that really means when the behaviour isn’t limited to physical violence. If you’ve ever wondered how the common law can invent a new civil wrong, this is a live example with immediate consequences for family law and civil litigation in Canada.

    We talk plainly about the hard part: definitions and incentives. The ruling points to emotional abuse, economic control, manipulation, isolation, and even improper litigation tactics, with broad language about autonomy, equality, and meaningful life choices. That may capture serious harm, but it also leaves lawyers and judges with little guidance on what crosses the line or how money damages should be measured. We explain why that uncertainty could turn more divorces into longer court battles, especially when property division is on the table and “fault” arguments start creeping back into a system built to avoid them.

    Then we shift to a chilling criminal law case out of Victoria: two friends, drinking, cocaine, guns, and a so-called bulletproof vest that proves only bullet-resistant. The facts are grim, but the legal lessons are clear, from firearm offences and a polymer 80 type handgun to why you cannot legally consent to grievous bodily harm. We also break down how manslaughter works without an intent to kill, and why a firearm manslaughter conviction triggers a mandatory minimum prison sentence.

    If you want more careful legal analysis that connects court decisions to real-world outcomes, subscribe, share this episode with a friend, and leave a review so more listeners can find us.


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

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    21 分
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