Jessica Yaniv aka Jessica Simpson, formerly known as Jonathan Yaniv, an up-and-coming vexatious litigant, had two appearances in today’s tele-conference hearing at the Surrey Provincial Court. Both Yaniv appearances were primarily to set dates, as per the court document in Room 309. The first claim was Yaniv v Smith and the second hearing was Bexte and Menzies v Yaniv.
There were a few accidental references to make male pronoun references such as, “Mr. Yaniv’s”, before rebutted by the Judge. However, that judge was pretty annoyed with both cases given his stern tone, which I cannot blame him given the nuisance that Yaniv brings before them in court.
By @divebomberinc:
Yaniv v Smith
I did to the best of my ability, to recall today’s events after listening in to the call as a member of the public.
First up for Yaniv was a follow-up from August 14, 2020 proceeding. This pertained to the default order that was originally set aside because Yaniv was told there was no jurisdiction in small claims court when Simpson and Smith were before the judge. Simpson’s claim was withdrawn by Yaniv, but not Yaniv refused to withdraw the one against Smith despite having a second lawsuit. However, in fairness, there was confusion with the courts regarding COVID-19 and Smith’s ability to file a reply previously that was addressed. It is believed from reviewing my notes, the judge on August 14, 2020, earlier may have given unclear instructions to all parties.
Before things got started, Yaniv made an unsubstantiated allegation to both the Madame Registrar and again to the judge accusing “Chris Taylor” and “Kari Simpson” of “recording court proceedings” and posting online. Yaniv proceeded to tell the judge that the RCMP had informed Simpson to essentially refrain from this, which is patently false. The judge had addressed all present to not record any proceedings.
It was addressed there was no settlement conference on the matter and the judge had concerns about a reply, which Smith asked for Kari Simpson, Smith’s lay disability advocate, to speak on his behalf because of his intellectual disabilities and autism, due to difficulty communicating and articulating himself with cohesive arguments.
The judge was very difficult looking through the “soft file” claiming reply. Simpson tried to convey the circumstances, but the judge kept not hearing Simpson out. I believe the background noise that emerged was likely Yaniv trying to be disruptive. Simpson tried to convey the matter where she posted the surety, . Once Simpson referred to Yaniv as “he”, causing the outburst, “It is she, Kari, don’t be like this!” It seemed that this may have been a catalyst to have angered the judge and he claims Simpson was “arguing incorrectly”. The judge was not satisfied with Kari Simpson’s intervention on the matter, which the judge at this point had reinstated the default judgement. It almost sounded like Yaniv boasted about winning briefly, but it was hard to ascertain with the quality of the call.
Yaniv tried to chime in that Simpson is “not a [lay] disability advocate, but “an anti-LGBTQ advocate” before accusing Simpson again of recording proceedings. However, the judge would not let Simpson speak any further on Smith’s behalf. Simpson and Yaniv both spoke, before the judge wanted to speak directly with Smith. The judge tried to convey the abstract concept of the default judgement, but when Smith asked to speak, conveying he was harassed, threatened and maliciously prosecuted, including the RCMP investigation on Yaniv, that I can verify is currently underway.
Smith conveyed he was frustrated regarding the circumstances of the harassment, threats and malicious prosecution by Yaniv. When Smith used the words “lying” and “perjury”, the judge was not happy. However, when Smith asked for an additional extension to formerly file a reply, he was granted it overturning Yaniv’s nearly default order. The judge then conceded it was supposed to go, which the judge ordered he did not want Simpson to further act on this matter for Smith.
Yaniv tried another attack on Simpson and Smith, as well as tried to ask for a “contempt order” against Simpson, but was denied because it was “civil court”, but not “criminal court”.
Yaniv then tried another opportunity to attack Simpson to the judge “not sign in to [the] proceedings” and “budged herself into the proceedings”. In conclusion, the judge offered Smith three additional days for Smith to make an “official reply by Monday September 14, 2020 at 4:00 PM PST or default judgement would be reinstated” and further ordered Simpson was no longer allowed to intervene or speak on the matter.
Yaniv needed the last word, as Smith left the call, and tried to state the words “abuse that you received” in what I thought was a very poor attempt at flattery. The judge stopped Yaniv and asked move along to their next case which was right after this one.
By @jymeowmix: Menzies and Bexte v Yaniv
There was a hearing today, September 9, 2020, between Keean Bexte and David Menzies lawyers and Jessica Yaniv Simpson. The Rebel Media lawyers argued unsuccessfully that Yaniv’s counterclaim against them should be thrown out. It will not be.
The Judge stated that the Rebel lawyers were wrong in their assertion that Yaniv’s pleadings were without substance. The Judge informed Yaniv that their statements about defamation could not be used, but there were other pleadings made that could support Yaniv’s pleadings that the Rebel reporters were a nuisance and trespassed.
To be clear – the Judge did not give the pleadings merit or validity. In fact, he specifically stated that he was not speaking to the validity of the pleadings – simply the fact that they do allege a cause of action exists. With that in mind, the Judge would not dismiss Yaniv’s counterclaim. In essence, he was saying Yaniv is making a claim that could theoretically have merit but Yaniv would need to prove it in court.
The Judge instructed Yaniv and Rebel to attend a settlement conference, and warned Yaniv that the Judge at that conference may warn Yaniv that he has no case. If Yaniv chooses to ignore the Judge’s guidance that he has no likelihood of success, Yaniv triggers a court rule that says that if proceeds to trial and doesn’t succeed he will be penalized harshly – I believe it is double costs against Yaniv. To me, it sounded like Yaniv was being warned, but you know Jonny – he won’t listen to anyone except himself.
They need to hire a lawyer for Donald to cut through the shit and get things done. Kari means we’ll but she doesn’t know what she’s doing and it’s annoying the judge
What the fuck kind of judges are these? How is Kari fucking up so badly in their eyes!?
Geeeeez
I agree that Kari is trying to be helpful, but at the same time her support Donald Smith is being driven(at least in part) by her anti transgender views. I feel like this plays directly into JY’s defense of every horrible action that everyone against him is “transphobic.” Look, we all know what’s really going on, and I’m glad someone(Kari) was able to help Donald, but it only takes one person in the legal system to feel like Donald is being used to drive an agenda and get rubbed the wrong way. I feel like getting non-biased legal assistance would not only give Donald the best shot at a fair trial, but also help prove his point that he is not transphobic but rather Yaniv-phobic.
*correction to above.
“ I feel like this plays directly into JY’s defense of every horrible action JY takes is because everyone against him is “transphobic.” “
You took a huge risk here and you nearly gave Yaniv a default judgement, I suggest you get Donald legal counsel immediately or this will be another win for Yaniv and we don’t want that- you would be unleashing a monster who thinks he’s a legal mastermind and so far he hasn’t done too bad but I would also suggest that this day is the pinnacle od Yaniv’s legal achievments and it will be all downhill from here. (I hope). I am not being nasty or too critical I think, but the objective here is to get a win for Donald and at the moment thinkgs are not going our way but this can be corrected.
A huge risk? Lawyers aren’t equipped to deal with people whom are disabled either. I call bullshit to that judge. While kari doesnt have a license to practice law, she is required by donald in order to allow for donald to defend himself because he cannot afford a lawyer for yaniv’s vexatious civil claim.
Kari is not anti lgbt, i’m gay, she’s a kind and a respectful lady. I have watched kari interact with trans folk and frankly i don’t have any problems with it whatsoever.
Also I support kari’s freedom of speech, YOUR pronouns shouldnt have to be honoured by other people, if you want them honoured then put up a convincing look for it otherwise don’t expect people to be delusional and embrace the family destructive redefinition of gender constructs conjured up by marxists and totalitarian ideologues. I won’t be using anybody’s bloody pronouns either, nobody else gets to decide for me what words i may or may not use in a country with free speech.
JY picked simpson as their new last name for a reason and I’m pretty sure it’s meant to get under kari’s skin.
I think donald should be able to bring whomever he wants or needs to his court hearings. Personally I believe that judge is biased towards everything lgbt.
Bringing a legal team to small claims court? Most people don’t. I will note that Bexte and Menzies well equipped legal team didn’t fair better today. Kari’s a rockstar who treats everyone with respect. She’s going after a vexatious bully and it will do nothing for her reputation. Let me also remind the legal experts here that Donald’s legal team are focussing on his charges, which are currently stayed, not on Yaniv’s petty multiple civil suits. Donald would still be in jail if it wasn’t for Kari stepping in as requested. He had lawyers and he ended up in jail fur 39 days.
Hard to believe that people think a lawyer would even touch the civil claim. Donald has no money to pay a lawyer.
That court is tqking advantage of his autism and other disabilities while simultaneously empowering a vexatious serial litigant.
This country needs to enact laws that allow one to sue the courts under such circumstances. The imposition of court on people with all of the financial burdens implied is enough to empower anyone to ruin anyone else and that aspect of them must be stopped.
They have evidently been setup to enable lawfare on the ever expanding class of poor.
These judges are a joke, the fact that any of them are even entertaining Yaniv at this point is laughable. Its a good thing he gave Donald 3 extra days but damn, why would he default the judgement straight to Yaniv without looking at what is in front of him. All these cases need to be put together, and all the judges need to see who they are dealing with, a malicious lying snake of a person, every claim hes made is made u of lies, every single one of those lies can be proven with either video or audio of Yaniv, why havent the judges seen any of this yet??
Seems Yaniv had a interesting day in court. Smith being a disabled mentally is at a clear disadvantage here and using a sworn enemy of Jons looks bad on the surface.
Kari ain’t no lawyer and the judge probably told her not to speak again on Smiths behalf to protect the integrity of the justice system. For those of you whining there was a case many years ago in BC where a person who wasn’t a lawyer but acting as advocate was taken to court by the Law Society and banned from thier “legal” practice. This is no different then the people they bust being dentists in their home cause they have some training and the equipment, or beauty techs who inject Botox into people’s faces for money, one has to be a doctor to inject Botox and they have busted many of them as well. Like it or hate you gotta be licensed to protect people and whatever profession you practice.
Yaniv ain’t no lawyer when the judge told her you can’t have contempt in civil court. The judge has to apply case law not emotions to during a matter. Yes Donald is mentally disabled but what should the judge do? There not supposed to help you but just referee the proceedings making sure case law and protocol is being followed. Donald’s defense is his own not the judges to defend him.
Don’t know if it’s still around but UBC had a student lawyer clinic back in the day, there is also the law library and CanLii website which could help in his defense, it’s up to them to make use of it.
If Yaniv wins this one, which most of hope he doesn’t, he’ll be going around partying like he just won the Super Bowl giving him more ammo to launch more bs suits.
The reporter did say the judge was annoyed with Yaniv yesterday cause of all the idiocy he brings to court.
That’s actually not true. You can act as lay advocate on someone’s else’s behalf. In regard to the law, you can interpret the law, but you can not dispense it. Kari Simpson as the Executive Director of a community organization can absolutely act as lay advocate. She also at one time sat on the BC Child and Youth Review Board, which is an oversight board.
Donald Smith had lay advocates present in court in Alberta. The judges according to Donald welcomed their involvement. The judge was out of line.
Here is the rules from the court website. The judge applied the rules fairly. Kari was in violation of some of them and unfortunately it’s what happened.
Not a Yaniv supporter or nothing, but courts have rules for a reason and they must be followed:
https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP%2011%20Use%20of%20a%20Support%20Person%20in%20Civil%20and%20Family%20Proceedings.pdf
Video of Donald and Kari discussing the most recent court appearance and the context for it: https://vimeo.com/user7004705/review/456354388/ca6deda595