エピソード

  • BC Law Society Defamation Claim and Boat Storage After Death
    2026/03/19

    A hyperlink and headline can change the stakes of a professional disagreement. We talk through a Victoria-based defamation lawsuit against the Law Society of British Columbia after a lawyer proposes changing mandatory Indigenous cultural competency training language about the Kamloops residential school from an asserted discovery of 215 bodies to wording focused on potential unmarked burial sites. When the Law Society links to a statement titled “Racist Resolution,” the dispute moves from policy and training content into reputational harm, defamation law, and what it means for a regulator to speak publicly during controversy.

    From there, we dig into the mechanics that actually drive cases forward: pleadings, applications to strike “scandalous” material, and why a judge would order certain loaded words removed before a jury trial. We also connect the litigation to bigger governance questions in BC, including the Legal Professions Act and the push to embed reconciliation and UNDRIP implementation into the Law Society’s core duties, alongside concerns about preserving the independence of the legal profession from government control.

    Then we switch gears to a surprisingly human problem with very real dollars attached: a liveaboard boat owner dies, the vessel sits in a Victoria marina for months, and the marina uses lien legislation under the Commercial Liens Act to secure payment and move toward sale. We unpack what counts as “storage,” why shore power can be essential, and how a redacted legal bill can backfire when a judge needs evidence to assess fairness and avoid double recovery.

    If you care about Canadian defamation law, lawyer regulation in British Columbia, Indigenous reconciliation policy, UNDRIP, or practical disputes like marina liens and moorage fees, you’ll want to hear how these decisions get made. Subscribe, share the show with a friend, leave a review, and tell us: when institutions speak, how careful do they have to be with their words?


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

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    20 分
  • Sentencing For Indiginty to Human Remains and Tribunal System Fix
    2026/03/12

    Someone dies, and the person beside them makes a choice that shocks everyone: no call for help, no report, just a body hidden away. We unpack a BC Provincial Court sentencing decision under Criminal Code section 182, the offence of offering an indignity to a dead body or human remains, and why the judge calls the conduct inherently serious even though there’s no finding that the accused caused the death. Along the way, we break down aggravating versus mitigating factors, the role of remorse and an early guilty plea, and how Gladue principles shape the court’s understanding of moral blameworthiness.

    We also talk about the realities that don’t fit neatly into legal categories: addiction, fear, and the ripple effects on family and community when a person is treated as “missing” for weeks. The sentencing math matters too, including enhanced credit for time served because of brutal protective custody conditions that resemble solitary confinement, and why the court still concludes that a conditional sentence at home would not meet denunciation and deterrence.

    Then the conversation swings to administrative justice and the BC Court of Appeal: a Whole Foods probationary firing that turns into years of litigation through the Workers’ Compensation system, judicial review, and parallel Human Rights Tribunal proceedings. We explain security for costs, why courts sometimes require it when an appeal is virtually without merit, and why overlapping tribunals can create expensive duplication. We close with a clear primer on habeas corpus under Charter section 10(c) and a key limit: when the Court of Appeal can, and cannot, appoint counsel. If you care about Canadian law, access to justice, and how courts balance principle with real life, subscribe, share the episode, and leave a review with the question you want us to tackle next.


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

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    20 分
  • When “Not Now” Still Means “Maybe Later” For Private Property and ICBC Hit and Run Requirements
    2026/03/05

    A stolen truck blows a stop sign at 4 a.m., the driver vanishes into the dark, and ICBC says the injured victims didn’t take “all reasonable steps” to find who hit them. We dig into the Court of Appeal’s reversal and why the phrase reasonable must mean proportionate to the facts, not an endless checklist of posters, door knocks, and guesswork. When police have already run dog tracks, canvassed cameras, interviewed witnesses, and done forensics, what more would actually move the needle—and when does “try harder” become obviously futile?

    From there, we shift to a second legal fault line: Aboriginal title and private property in the Cowichan Tribes litigation. A corporate landowner pushes to reopen the case, arguing they should be heard on how title findings could affect fee simple land. The judge draws a crucial line: Cowichan Tribes didn’t say private property would never be affected; they said the effect wasn’t being decided in this case. That single nuance recasts public assurances like “not at stake” into “not yet,” raising hard questions about notice, delay, and what thousands of owners reasonably knew—or didn’t know—over the years.

    Together, these stories show how outcomes hinge on precise language and practical context. For crash victims, the ruling tempers ICBC’s strict stance and acknowledges the real value of a thorough police investigation. For property owners, it underscores that future proceedings may still test the security of fee simple, and that timely, clear notice matters. If you care about no‑fault insurance, hit‑and‑run claims, Aboriginal title, or the reliability of political promises, this conversation offers clarity, caution, and concrete takeaways. Listen, share with someone who needs to hear it, and subscribe to get our next breakdown.


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

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    21 分
  • Trespass By Water, Insurance Duties, And Late Amendments To A Civil Claim
    2026/02/26

    A hose can start a lawsuit—and a precedent can end one. We dive into two fresh BC court decisions that show how civil law balances fairness, timing, and finality. First, we break down a neighbourhood flooding dispute where homeowners sought to amend their notice of civil claim to add trespass by water and psychological injury tied to both the intrusion and an insurance denial. We explain why “trespass by water” is a real, narrow pathway—requiring a direct projection of water—and how it differs from nuisance or negligence. We also unpack the duty of good faith in insurance, when mental distress damages become possible, and how judges weigh late amendments against limitation periods, prejudice, and trial readiness.

    Then we shift to a West Kelowna resort where restrictive covenants forced unit owners into a single rental pool. Years after the Court of Appeal found those covenants unenforceable for uncertainty, a new group of owners sought the same relief—only to face “new” evidence and a different ruling in chambers. The Court of Appeal stepped in, calling that relitigation an abuse of process and reaffirming stare decisis. We outline why finality matters, how judicial economy protects everyone, and what this win means for owners who want the freedom to rent privately or choose different management.

    If you care about property rights, insurance law, and the nuts and bolts of civil procedure, this one offers practical takeaways: plead early and clearly, disclose injuries promptly, and do not expect a second bite at a settled apple. Subscribe, share with a friend who loves legal insight, and leave us a quick review to tell us where you stand on late amendments and legal do-overs.


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

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    22 分
  • AI Facial Recognition Company Violates Privacy Law, Drone Interference, And DIY Silencers
    2026/02/19

    Your face might already live in a searchable database—and BC’s courts just drew a sharp line around what companies can do with it. We break down a major ruling that upholds the privacy commissioner’s order against Clearview AI, unpack why “publicly available” doesn’t mean “free to scrape,” and explain how a province can regulate a US firm with no brick-and-mortar presence. This is a story about jurisdiction in the age of the internet, biometric data rights, and the limits of consent on social media platforms Canadians use every day.

    From there, we pivot to a wildfire zone, where a tiny drone met a big legal problem. When a helicopter pilot fighting the Kelowna blaze was irritated and distracted by a nearby drone, the court found that distraction alone interfered with fire control under the Wildfire Act. We walk through the difference between strict and absolute liability, why due diligence matters, and how “no harm done” isn’t a shield when public safety is at stake.

    We close with a sign of the times: 3D printed suppressors that triggered prohibited device charges. Beyond the plastic parts and lab delays, the headline is new criminal exposure for simply accessing or possessing digital files intended to produce firearms or key components. We talk through how Canadian firearms law treats suppressors, why courts imposed a conditional sentence rather than jail in this case, and what makers and hobbyists need to know before downloading a file that could cross a legal line.

    If privacy, drones, or maker tech lives anywhere near your world, this episode offers clear, practical takeaways: don’t assume public equals fair use, steer drones far from emergency operations, and think twice before clicking on gun-printing files. Subscribe, share with a friend who needs a reality check on tech and law, and leave a review to tell us where you think the line should be drawn next.

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

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    21 分
  • When Wiretaps Cross The Line
    2026/02/12

    A live wiretap, a lawyer on the line, and a rule that said “stop listening”—which police ignored. We dive into a rare Supreme Court of Canada decision where constitutional safeguards, solicitor-client privilege, and the search for truth collide. The stakes are real: can a lawyer use privileged communications to defend themselves when facing criminal allegations, and what happens when the state breaches explicit limits on surveillance?

    We walk through why solicitor-client privilege is foundational, who actually owns it, and how the Court carved a tight “innocence at stake” exception without gutting client confidence. You’ll hear how a two-step threshold protects privilege in most cases while safeguarding against wrongful convictions. Then we examine the Charter lens under section 24(2): why the entire recording was tossed, how the seriousness of the breach mattered, and why the absence of reprimand or corrective steps by authorities weighed heavily against admission.

    From there, we turn to a different kind of wall: Crown immunity. A survivor’s civil claim alleging sexual assault by jail guards in 1972 confronted the hard edge of history. Before the 1974 Crown Proceedings Act, the province couldn’t be sued, and the courts have held that the change is not retrospective. We unpack why a late-stage defence amendment was allowed, why a novel “duty of care” theory against opposing counsel failed, and how statutory limits can leave profound harms without civil recourse. It’s a sobering picture of how legal architecture protects rights, constrains power, and sometimes forecloses remedies.

    If you value smart, practical analysis of criminal law, Charter rights, and civil liability against the state, you’ll find clarity and context here. Follow the show, share this episode with a friend who loves legal deep dives, and leave a review telling us where you think privilege should bend—or hold firm.


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

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    20 分
  • Why B.C. Casinos Demand Bank Receipts For Big Buy‑Ins
    2026/02/06

    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 分
  • Truth, Credibility, And Criminal Records
    2026/01/30

    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 分