MeowMix’s legal expert friend has weighed in on Miriam Yaniv’s lawsuit against her strata – the one where Jessica Yaniv Simpson is acting as her “public servant and legal advocate”. One thing we both felt important to add is that these legal opinion pieces are not “complete”. We’re very careful not tell Jonny things that would help him.
Another day, another frivolous lawsuit. The fatal flaw to Jonny’s latest legal bitchfest is that the facts alleged in the pleadings do not support a cause of action.
He first alleges that the strata is negligent. Even if everything he wrote were true (which it isn’t), he does not make out the elements of negligence. The absolutely KEY element is that negligence requires loss to be actionable. You can be wildly negligent in the colloquial sense, but if no damage occurs, there is no legal negligence. For example, Jonny can drive like an absolute moron, but people can’t sue him for negligence unless he hits them. Risk doesn’t cut it.
Jonny also fails to prove some of the other elements of negligence, but I’m not teaching Jonny first-year torts, and so I’m not going to go on about the elements of negligence.
The second allegation is that the failure to install the strobe alarm has caused a “loss of enjoyment of property due to constant anxiety”. This one is even dumber.
First, “loss of enjoyment” is a term usually used in the context of personal injury. For example, when Jonny inevitably runs someone over, they will sue in part for loss of enjoyment of life due to their injuries. As noted above, no actual injury is alleged by Jonny in this action.
Loss of enjoyment of property would normally be considered as nuisance or trespass. Neither of these are made out. Regarding nuisance, Jonny does not show that an act by the strata caused a substantial and unreasonable interference with Miriam’s property rights. Trespass is clearly not at play.
Additionally, there is a duty to mitigate loss. A plaintiff must take reasonable steps to minimize the loss caused by the defendant. Failure to mitigate usually reduces damages awarded because the plaintiff has, in a sense, added to the injury.
In this case, the ability to mitigate the “loss of enjoyment” and mental distress, even if that occurred, is clear. All he had to do was to BUY THE FUCKING ALARM HIMSELF. No court will order damages for $30k in suffering when the solution was so cheap and easy, and most importantly, easily accomplished by the plaintiff.
Jonny also wants the court to order “remediation”. That is not something the Provincial Court can order as it would be a type of mandatory injunction and thus outside the Court’s jurisdiction.
This is actually some weird human rights bullshit that Jonny isn’t taking to the HRT because he knows they are on to him. Looks like the Provincial Court is too, which is why I suspect he is filing everything in his mother’s name.
On that point, Jonny is apparently now a “legal advocate”. The word “advocate” ultimately comes from the Latin “advocāre”, meaning “to call to”, via French. The French word, “avocat”, means “lawyer”, as do the Italian (“avvocato”) and Spanish (“abogado”) equivalents. As much as he tries to pretend otherwise, he is basically attempting to practice law without being a licensed lawyer. Fortunately, the only member of the public currently being harmed is someone who shares in the responsibility for his antics.
To Jonny: Please stop wasting legal resources. Some of us have actual work to get done in the courts to help people in desperate need of legal recourse. Covid is already delaying justice for those who need it. And if I have to teach you first-year torts or civil procedure one more time, because you don’t read responses from defendants’ lawyers and/or can’t get basic legal concepts through your skull despite clearly devoting your life to litigation, I will send you a bill at my regular hourly rate.
Want to help stop Yaniv from being a “public servant and legal advocate”? Report it to the Law Society of BC at this link.
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Dig around…I have a feeling they have filed with the HRT as well. It’s what they do best – SCAM!!!
Your feeling is correct, they have . FYI Anyone can attend that hearing, they’re public
He’s a real piece of shit, it’s a good thing he already ruined the rest of his life. Jon is circling the drain, that’s why he’s resorted to using his mom and aunt now. It goes to show you that Jon is willing to fuck his own mom for personal gain.
I am starting to wonder if his aunt is really his mom and gave him to miriam because she’s unfit herself. Jack was probably tapping the crazy sisters at the same time.
That picture of the bloated leviathan in his twee bathing costume, with his crooked knees and alcoholic gut, never mind the fried hair and 47 chins, makes me retch.
Every. Time.
Jonathan must’ve been using voice-to-text. Clearly, “brute in a muumuu” translated to “cute tutu”
I say if Miriam is stupid enough to let that moron represent her, all the power to them. Everybody knows who they are, and know it’s a bullshit case. Jonny’s too fucking lazy to actually go out and get a job to actually make money. He would rather file this crap in hopes to get a pay day. When are the courts going finally put their foot down and shut him down? Instead of wasting resources on this clown.
Hey Jonny No Dick, you’re a fucking moron that deserves a slap in the head for being so stupid. Do everybody a favour and leave earth. Take that bat shit crazy mother and aunt with you too.
Much like how Jon robs emergency services with his calls and wastes medical resources at the local hospital, he’s doing the same at the courthouse. This whole family is a drain on society. I don’t mind paying taxes, like many others the more you pay means the more you made, but I drawing the line at these baboons milking society! How did they get legal aid for their criminal matters?? They’ve already contributed to the death of one person in Langley when piggy hogged the ambulance, he’s lucky that during his 30 calls to the fire dept there wasn’t a real fire he be stuck in the tub till the end of time. The only good thing that’s happened since 2019 is the Yanivs are well known, a convicted criminal, and many more charges on the books.
Hey Jon,
Who’s your mama?
Lol
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