Jessica Yaniv Simpson’s weekend was bracketed by identical court hearings to address his pointless attempts to relocate his lawsuit against his strata and his joint lawsuit with Miriam Yaniv against her strata. He is asking to move these files from Surrey, BC to Abbotsford, BC. We previously weighed in on that here.
It seems the Court’s may be wising up to JY’s antics because todays hearing was intended to simply be an application to relocate the hearing to a new Court. Instead, the Judge took the entire case and tossed it out the window, saying the Court had no jurisdiction to hear the case (something MeowMix’s legal expert said weeks ago!).
The lawyer for Miriam’s strata schooled Jon on legal proceedings. Yaniv tried to claim he should actually be getting more for damages and the lawyer basically taunted him and said he’s handled much larger cases. Miriam attempted to speak but nobody could understand it and it didn’t matter. Judge Cohen – one that JY likes because he is known to be LGBTQ-friendly – canned the entire thing, despite JY’s objections.
It is unknown at this time on whether or not costs will be awarded to cover the strata’s legal fees. The Strata lawyer may file an application for costs.
To clarify on what these hearings were, the lawsuit against Miriam’s strata was to force them to install better fire alarm systems and compensate her $30K for their refusal to do so. The file against Jon’s strata was to install cameras, attend strata council meetings, get handicapped parking, and other random rambling bullshit.
Yaniv is still free to present this case in BC Supreme Court or the BC Human Rights Tribunal, where it is likely he has already filed identical complaints.
UPDATE: We’ve received confirmation that Yaniv has already filed a complaint to the BCHRT about this matter and it is currently backlogged.
There is no news yet on what happened on Friday, or if the application was even heard. We will keep you posted as we learn new info.
Til then, enjoy your Monday guys. I encourage you to point and laugh loudly at JY. He’s such an epic failure.
UPDATE 2: We got some notes from a friend of MeowMix and have the following to add:
- Miriam and Jessica attended the hearing by phone. Miriam was extremely hard to hear and it often seemed as if she was raising her voice at the judge.
- The entire hearing started with the Judge stating he didn’t think he had jurisdiction and asking JY/MY why they thought he did.
- MY went into a ramble that she took the matter to the BCHRT in Feb or March 2021 and received an email saying it hasn’t even been screened yet due to the backlog of cases.
- JY took over and tried to go into the details about the application, including saying that this was a matter that could be solved with $500-$800 worth of investment by the Strata, and the Judge stopped him, again asking why JY thought the court had jurisdiction. The judge referred him to a section of the Strata Property Act that said these matters could only be heard by the BC Supreme Court.
- JY replied that the Judge was wrong and that it could be heard under the Negligence Act.
- The Judge replied that JY was wrong – the BC Provincial Court had jurisdiction over torts, including the tort of negligence, but this was not that. JY said he disagreed.
- Miriam pipes up that this has been going on between her and the strata for two years. The judge again said that he had no jurisdiction to help her. Our notes person said Miriam was agitated and raised her voice and said something like there was a fire situation two weeks ago in her building and she was inside her unit and nobody told her.
- JY cut her off to say that he wanted the Judge to transfer the case to the BC Supreme Court via the Abbotsford registry.
- The Judge declined. Our notes person didn’t say exactly what the judge said, but basically that he didn’t have the authority to do that now and JY needed to file the paperwork to do so.
- The strata’s lawyer graciously offered JY some advice – take it to the BCHRT, or the Civil Resolution Tribunal, and that the Supreme Court may want him to use those avenues before the BCSC. The Judge agreed.
- JY said he couldn’t use the CRT because this matter was “much” more than the $5000 limit the CRT allowed (remember earlier when he said it was a $500-$800 matter?).
- Strata’s lawyer corrected him, saying he had personally taken matters higher than that to the CRT.
- At this point the Judge ended the hearing, saying he was dismissing the application and no further dates would be set in this matter.