Updated Jan 20, 2021 at the bottom. Now includes fee waiver docs!
On January 18, 2021, Jessica Yaniv Simpson filed a lawsuit in BC Provincial Small Claims Court against the Fraser Health Authority. Yaniv alleges his personal information was breached by FHA and the Pacific Health Services Authority and he believes he is entitled to (you guessed it…) $35,000.
Actually, he filed it for $35,103, because why not?
You can tell right away Yaniv is simply going for the money. He states that FHA and PHSA would be exposed to a fine up to $1,000,000 but he’s asking for “a lot less”. In other words, “Pay me $35,000 or I’ll get the Ministry of Health involved.”
Most of the notice of claim is copypasta case law. It’s common to quote case law, so that’s not surprising. Yaniv’s claim refers to other cases where breaches of privacy or data issues have caused damages and defendants in those cases were awarded sums of money. At first glance, and I’ll ask our legal friends to review, Yaniv makes no allegations of actual damages. He’s simply asking for FHA and PHSA to be penalized – and he be the recipient of the penalty money.
It’s interesting that he did this while he was still out east recovering from GRS. This tells me Yaniv has a lawyer working for him, at least to the extent that she likely filed documents on his behalf. EDIT: See update at the end.
Yaniv’s first challenges in court will be to prove what he alleges – that FHA told him there was a breach. It’s possible they did say that, but unlikely, and the burden of proof lies with Yaniv. He has to prove FHA told him they leaked stuff. There may be some onus on FHA/PHSA to verify his info is secure, too. The fact is that Yaniv is saying things in this claim that he likely can’t prove (“they told me my data was breached”).
No where in this frivolous claim has Yaniv alleged to have undertaken the process of reviewing said personal information through BC’s Freedom of Information (FOI) process overseen by the Office of Information and Privacy Commissioner. In two years, you would think that Yaniv would have some hard ammunition to prove this ridiculous cash-grab-of-a-claim. Instead, it’s just a rant of copypasta legal arguments that cannot be supported. We’re all surprised other legal threats toward the health authorities over the years were not contested within this frivolous and poorly executed Yaniv legal endeavour.
Should you wish to support FHA in this, please refer to their whistleblower hotline. I’m sure they’d appreciate your info about Yaniv.
Yaniv…get a job, you lazy twit. Contribute something to society besides lice and CO2.
Jan 19, 2021 – Update 1: We’ve been informed that you can this online in BC now. We’re not sure if this is new or not. Also worth noting that there is no way a lawyer did these docs up for Yaniv. They’re poorly worded and written, and a lawyer doesn’t make legal arguments on the claim notice like Yaniv has. Yaniv should have detailed the damages he suffered and he did not. He also provides no evidence in any form that the conversation with PHSA and FHA ever occurred – no call recording, letter, e-mail, anything.
Jan 20, 2021 – Update 2: Thanks to commenter xMsHKx and KiwiFarms user theshep, we can see that Yaniv copied most of the text from a UVic legal journal article written by Naomi Krueger of the Vancouver law firm Alexander Holburn Beaudin and Lang LLP – the same firm that represented the physiotherapists in Yaniv’s bed-breaking case. The document is copyrighted by the Appeal Publishing Society.
Yaniv’s Notice of Claim copies a huge chunk of Ms. Krueger’s work and Yaniv doesn’t bother to attribute it to her or the journal he took it from. The amount of text he copied is also well outside fair dealings allowances. Yaniv, the DMCA expert, should know this.
The text he copied from Ms. Krueger’s journal article is well-written (as one would expect from a successful lawyer and adjunct professor), but fails to support Yaniv’s case. The Notice of Claim doesn’t have anything to support anyway, other than a few bald assertions.
A lawyer friend of MeowMix reviewed Yaniv’s document and stated that Yaniv cannot sue for breaches of the Privacy Act in BC Provincial Court. If a lawyer filed this document they would be sued for malpractice because they didn’t read section 4 of the Privacy Act, which states that actions for breach of privacy must be brought in BC Supreme Court.
If Yaniv is studying for the bar exam as he claims, naked plagiarism and throwing unfounded accusations around like a toddler throws his toys will not do him much good.
Ms. Krueger’s document can be found online at this link.
Update Jan 20, 2021 #2: Yaniv filed the documents below to have fees waived. There’s a few interesting tidbits here…
- He claims his net income is $700. Where is that from?
- He claims his phone bill is $150….what on earth?
- $50 for laundry and dry cleaning services? Come on, Jon.
- ZERO FOR ALCOHOL? GTFO.
- $190 for maintenance payments? Could these be condo fees?
- He claims he is unable to work because of a car accident and COVID? I thought it was Donald? And Rebel? And MeowMix? And PTSD? Which is it Jon?
- $42,000 in CC and LOC debt. Ouch.
- Almost zero accessible equity in the condo.
- Dumbass still doesn’t know how to sign his name “Simpson”. Looks like a toddler wrote it.