From Picton’s Farm to the Coroner

Legally Speaking with Michael Mulligan

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16d ago 21:14

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A notorious criminal case and a sweeping policy change collide in one packed hour, and the throughline is unmistakable: how law balances dignity, proof, and practical consequences. We start by unpacking the latest development in the Robert Picton matter: with the RCMP ending their investigation and holding thousands of seized items—some believed to be human remains—families sought a court order to keep everything preserved for a civil occupiers’ liability claim against Picton’s estate and his brother. We walk you through why the judge refused. The key: meticulous police documentation, DNA profiles, and forensic records made the physical remains unnecessary to the civil issues, while the coroner is legally mandated to identify, notify families, and ensure respectful disposition. It’s a difficult ruling with a humane core—moving evidence out of limbo and toward answers.
From there, we pivot to construction law’s next big shake-up: Bill 20, the Construction Prompt Payment Act. If you build, supply, wire, pour, or manage, this matters. We break down the “proper invoice” requirements, the 28-day payment clock (plus seven days per tier), and the new adjudication system designed to unstick payment disputes before they snowball. We map real-world risk: multi-layered chains, scope changes, and deficiency claims colliding with statutory deadlines. And we examine oversight, including how judicial review is framed, why documentation will be your best defence, and how to align contracts, invoicing, and site practice so cash keeps moving.
By the end, you’ll understand why the court’s decision may bring families closer to closure—and why construction businesses need to prepare now for compliance, adjudication, and potential work stoppages if payments fail. If this conversation helps you think differently about evidence, dignity, and getting people paid, follow the show, share it with your team, and leave a review to help more listeners find it.

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

Chapters

1. Picton Case Refresher (00:00:00)

2. Verdict Nuances And Jury Implications (00:01:01)

3. Civil Suits Against Estate And Brother (00:02:14)

4. Occupiers’ Liability Theory Explained (00:03:35)

5. What Happens To Seized Remains (00:05:28)

6. Coroner’s Mandate And Standards (00:07:10)

7. Application To Preserve Evidence (00:09:20)

8. Judge’s Test And Ruling (00:11:20)

9. Closure, Transfer To Coroner (00:13:20)

10. Bill 20: Prompt Payment Act (00:14:41)

11. Proper Invoices And Deadlines (00:16:10)

12. Roving Adjudicators And Remedies (00:18:05)

13. Complex Chains And Disputes (00:20:10)

277 episodes

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