Things are not going as hoped for Miriam Yaniv in her frivolous lawsuit against her strata. MY’s lawsuit, filed in early June, alleges that her strata was negligent because they did not provide her with proper fire alarms to accommodate her hearing loss. She also names Jessica Yaniv Simpson as her “public servant and legal advocate”.
Along with her notice of claim (the document that initiates the lawsuit), Miriam and JY also filed an application asking for the same thing – a court order guiding the strata to install better alarms. Legal advocate JY literally filed an application asking for the same relief he is asking for in the notice of claim – which the court can’t grant anyways. This was filed June 7, 2021.
On June 10, legal advocate JY filed an application on Miriam’s behalf to transfer the file to the Abbotsford courthouse. We previously weighed in on this and believe it will be scrapped.
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On June 14, 2021, Miriam Yaniv and Jessica Yaniv Simpson had a scheduled virtual hearing to address the application filed on June 7 (ordering the strata to install new alarms).
Details are not super clear because information came to us second hand but here’s what we can summarize from that hearing:
- The hearing was scheduled to be virtual – JY and MY showed up in person at the courthouse and then phoned in. Apparently they could barely be heard and kept cutting out. Maybe the tech guru needs a better phone provider so his phone works in the middle of the city.
- The Judge scolded JY for not following procedure and attending the hearing on time or virtually.
- The strata lawyer is Anil Aggarwal of Alexander Holburn – the same law firm that represented Fraser Health and JY’s strata.
- The strata lawyer immediately cited court rules and requested that JY be removed as legal advocate but the court would not hear this request YET because JY was jumping the gun with the application. There is a 7-day rule between serving an application and scheduling a hearing. JY served the June 7 application on June 8 and scheduled a hearing June 14. Based on that violation of Court rules, the Judge dismissed JY’s application and instructed him to do things right.
- We expect that if JY does this the Judge will then address his legal advocate title.
MeowMix will monitor if/when JY refiles the above application. In the meantime, the next scheduled court date is July 9 to hear Miriam’s application to move the case to Abbotsford. We expect it will be shitcanned too, the same as JY’s application for the same. Court rules are clear – you must file at the closest courthouse. Abbotsford is further.
One Last Legal Tidbit
- JY is still seeking a settlement from his car crash. He has retained a local injury lawyer. This lawyer is well known (as many injury law firms are) for loaning money against future payouts at a high interest rate – probably 18%. It’s extremely likely that Yaniv is using this money to fund his lifestyle right now and, if any settlement does come his way from his collision (which is likely, to be honest) it will almost all go to the lawyer. JY may in fact end up owing more than he gets. BC soft tissue injury settlements are capped. I’ve heard varying numbers, but mostly around the $5,000 mark.