Rebel was represented by Daniel Coles of Owen Bird Law Corporation. JY is
represented by a monkey self-represented.
Recording court hearings is illegal in Canada, but, thankfully, a friend of MeowMix was in attendance at today’s hearing (virtually) and took 15 pages of notes, so here we go:
- JY applied to adjourn the hearing for Rebel’s dismissal application. Said they needed four weeks to write an affidavit – something they should have done sooner but didn’t know they had to do it until Rebel’s lawyer prompted him for it.
- JY gloated about being in legal studies school right now and said he “knows the Supreme Court rules quite well”.
- JY said he was unable to complete and file an affidavit due to illness and he didn’t want to jeopardize the public over Christmas by filing the required paperwork, but said he filed plenty of case law initially. He says he was puking his guts out.
- JY said that Rebel’s application to dismiss was under SLAPP legislation but “there’s quite a bit of case law and not every defamation lawsuit can be thrown out under SLAPP”.
- Our friend added in a somewhat off topic note here – the background of JY’s webcam is blurred by Teams but Miriam can be seen (her posture and motion is distinctive) in the background folding JY’s laundry and cleaning his apartment. Rexy his “service dog” is barking throughout.
- JY quoted case law from this case to support his stance that the file should not be dismissed. Specifically, he quoted, “Plainly it cannot be said that every claim that has the effect of restricting freedom of expression in public debate is improper since that would render all actions in defamation ipso facto abusive. Only those that have an undue or disproportionate effect on freedom of expression, in the balancing of interests …should be held to be improper.” ” Freedom of expression in public debate is not a licence to defame and does not trump the right to reputation absolutely.”
- JY then added that the defendant had no legal grounds to follow him to doctors appointments, all across the country, from BC to Toronto. Note: the real reason he was in Toronto was to stalk a catfish and her two year old daughter. (Note… JY is arguing case merits, not whether or not it should be dismissed. Quite the legal eagle!)
- JY accused Rebel media of pulling him over on the side of the road and screaming at him, “Jonathan did your mom molest you when you were a little kid?”
- JY adds that – during his hearing to adjourn the dismissal application – he’s requested an injunction. The Judge apparently ignored this.
- The Judge referred back to JY’s claim of being sick over Christmas, asking if a doctor diagnosed him. JY responded that he didn’t want to go into “gross detail” but he suffers from diabetes, hypo- and hyper-glycemic events, and that he was in a severe car accident in 2020. He says that car accident “spiked up” his fibromyalgia and complex regional pain syndrome and that he has a letter from his doctor and provided it to Rebel’s lawyer. He then added that with all his mental health issues, this was not the time to deal with this case.
- The Judge says that JY said he was ready, so why not now? JY says his doctor doesn’t want him doing this, even though he is ready. He says this has been dragging on too long but it’s his doctors fault he has to delay.
- The Judge moved past this and back to the issue of whether or not JY’s affidavit was filed, and pondered if it was relevant or not.
- Our friend notes that the Judge was quite patient with JY and asked how long he needs to write an application, if he needs to.
- In JY’s last remarks before turning to Rebel’s lawyer, JY said he received a “very very very substantial” affidavit from Rebel that consists of JY’s cases since 2017 and he doesn’t fine this relevant at all to JY’s cases.
- He adds that he is self represented and he’s doing his best to get documents to Rebel’s lawyer, but that he would respect his firm more if Rebel’s lawyer sent their documents to him properly (which Rebel’s lawyer later pointed out weren’t required at all).
At this point apparently the focus turns to Rebel’s lawyer for his comments. Rexy can still be heard barking in the background, and Miriam is cleaning JY’s condo. Our friend added that Rebel’s lawyer was especially good at keeping a straight face during JY’s speech. I wish there was video.
- Rebel’s lawyer states that Rebel’s following of JY’s story started after JY’s ball waxing scandal that attracted international news attention.
- Rebel’s lawyer laid out the timeline of events in this case, including communication with JY.
- Rebel’s lawyer (from now I’m just saying Rebel…) said that they communicated with JY earlier in January that there was no affidavit from JY and today’s hearing would include no evidence from JY so Rebel’s application would have to be dismissed.
- Rebel said JY responded with a doctors note that, despite JY referring to diabetes and a car accident, only refers to anxiety and depression – different from what JY said.
- Rebel says that if they proceed today the application would have to be dismissed because JY has no chance of success but Rebel recognizes that JY has challenges and misunderstandings and Rebel would agree to an order with a timeline for JY to file an affidavit and present themselves for cross examination by Rebel for one full day.
- Rebel says they’d grant this because JY stated earlier that this is taking too long and they want to be accommodating to JY’s challenges and misunderstandings.
That wrapped up Rebel’s lawyers statements. The Judge added some comments and questions:
- The Judge asked JY if Rebel’s timetable worked for him and JY said it was too much to juggle his health and this and he wanted two more weeks. The Judge gave him one extra, for a total of three weeks to file his affidavit, so it’s due Feb 14. Finally, Jon gets a Valentine’s date.
- The Judge insists that JY provide 8 dates to Rebel that he is available for cross examination.
- JY stated he has an issue because he starts a 10 day practicum in March so his schedule is full.
- The Judge says he can provide days before that. JY wants some of those to be on weekends. Rebel’s lawyer agrees that it’s unorthodox but they may consider it.
- The Judge offers to set a date for future hearings but there was some scheduling troubles due to how busy the Court is. Date TBD.
- Affidavit must be done by Feb 14.
- Cross examination must be done by March 13.
- Practicum starts March 21. Doesn’t say where.
- JY says he starts studies at another university on May 9, lasting until August, when he will start paralegal studies in September.
- Judge made the following order preemptory, starting that Yaniv has had ample time, and he understood JY has issues but this needs to be dealt with. The order was that JY must file and serve an affidavit to Rebel by 5:00 pm Monday, Feb 14, and that JY must provide 8 dates, of which 3 can be on weekends, to Rebel, stating which days he is available for cross examination on his affidavit. These dates must be between Feb 14 and Mar 13. JY must comply with this schedule.
- Rexy barked the entire time.
- JY specifically said he couldn’t say which school he was attending due to security reasons. UPDATE: SOURCES SAY JY WILL BE ATTENDING CAPILANO UNIVERSITY STARTING MAY 9.
- Miriam was in the background cleaning most of the time.
- JY wore a men’s black “JY Knows IT” polo shirt with a purple cardigan.
- JY’s hair was greased down on top and flared out at the bottom and he had bright red or pink lipstick with orange eyeshadow.
- The Judge ordered JY to keep his schedule clear from April 4-16 to see if a court hearing can be scheduled.
MeowMix will provide updates once we have more info.
Check out MeowTube.org – MeowMix’s dedicated library of over 5000 JY-related pictures, videos, and chat screenshots.