That could be a rock band name…
Ok guys…there’s some good stuff and bad here. I’ll start with the Amy update, and I’ll wreck your day at the end. Sorry in advance.
Amy Hamm vs. Jessica Yaniv Simpson
Apologies to MeowMix readers for the delay on this. We’ve received some conflicting info from various sources and wanted to take a few extra days to do our homework on this.
First up, Amy Hamm vs. Actual Ham. I need to take a minute to thank our friends for taking excellent notes during this phone hearing. A few interesting things happened.
Jessica Yaniv Simpson is still using Jessica Yaniv for his older court cases, which is odd since it’s a simple requisition at the courthouse to change this to his new name. Maybe he’s too lazy, or simply not serious enough. I bet he does this after reading this though! (Hi Jon!)
Early in the call, Yaniv asked the judge if he could be heard quickly or early, saying that he had another matter at 2:00 pm. I’m sure judges love hearing “I’m too busy for this so please hurry up”. Despite that, Yaniv had to wait. When his turn came, Amy’s lawyer, Carey Linde, graciously brought up the time conflict and proposed dealing with the entire matter during the discovery phase of the hearing.
The discovery phase of court is basically when each side lay all your cards on the table so everyone can see the other side’s view of what happened, and identify places where disagreements exist. Mr. Linde’s offer to deal with the case during discovery is actually pretty clever. Most cases settle after discovery, as any decent trial lawyer will know everything they need to know afterwards.
There is a relatively complex rule that would probably grant Ms. Hamm double costs after the settlement offer was rejected. Any rational person would settle, but rationality and JY are like oil and water. Jonny is going to think he still has a case and he’s going to be slaughtered.
Jonny’s entire case rests on his statement and that of his mother. There is no video, no photographs, and the only independent witnesses support Amy, not Jonny. There are no charges against Amy, no ongoing police investigation, and the Crown has no interest in pursuing the matter any further. The balance of probabilities therefore strongly favours Amy against the counterclaim as Jonny would be neither a credible nor reliable witness.
Yaniv, a notorious idiot, couldn’t keep his mouth shut during the hearing. When the judge asked if Yaniv agreed to this, he should have shut up. Instead, he launched into a mumbling tirade about being a trans woman and stated how he was sexually assaulted by Hamm and she took pictures of his genitals. The tech guru had a poor connection though, and the court could only hear every 5th word.
Fortunately, Yaniv was kind enough to remind the judge that he had spent a lot of time preparing for this and happily repeated his entire tirade from start to finish. What did he think? He was going to sway the judge to make a ruling right then and there based on his idiotic, baseless accusation? Or was he trying to scare Amy’s lawyer? If that was his intention, it will completely backfire.
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Interestingly, during his tirade, Yaniv told the Court that his mother was in the bathroom stall with him while Amy Hamm held the phone over the stall. Somebody should go hold a tape measure up to Amy Hamm and see how tall she is, and another person go hold a tape measure around Yaniv and see how wide it is. I’m guessing the discovery phase may reveal that she’s too short to hold something over the stall and Yaniv is too wide to fit in a stall with his mom, but I digress.
Despite Yaniv repeatedly messing up the rules of the Court (addressing the Judge improperly, rambling about things at the wrong time, introducing new details at the wrong time), the Judge was polite and patient and agreed to adjourn the case until a later date.
To sum up, Yaniv started by whining about time, the Judge ignored him, Amy’s lawyer offered to adjourn until discovery, Yaniv went on a rant for no reason, addressed the judge improperly, and that was that.
One quick funny note…The Judge was incredibly patient with Yaniv’s technical problems, rambling, and not following the rules of the Court, which made it even more humorous when he accidentally said “Mr. Yaniv”. Fortunately, Yaniv was quick to interrupt and correct him.
JY vs Physiotherapists
I promised you bad news, and I always keep my word.
I’ll get straight to it – the physiotherapists legal defense team settled and paid Jonny $2,500 to go away.
This is Jonny’s entire strategy – file lawsuits asking for a stupid amount and bank on the other side settling for a fraction of it because it’s cheaper than paying for it to go to trial.
This is why Jonny files all his lawsuits, and this is why the tribunal members at the BCHRT stated Jonny was filing complaints in bad faith, banking on the other side having settlement conferences and complaining when they didn’t. The member pointed out that JY was acting in bad faith when the other side would lawyer up and he would suddenly drop his complaints. That caused him to pursue his next complaints further, and we know how that ended for him. He sues for profit. He must be stopped.
We consulted our legal expert on this matter. It’s interesting to note that nearly all settlements are kept confidential yet this one was made public.
I think this settlement was sheerly pragmatic. Based on the pleadings, there was enough of a serious dispute for the judge to not dismiss the claim as crazy under Small Claims Rule 7(14)(i). At trial of course, JY would have his credibility (and maybe reliability) shredded and then lose.
$2,500 is 4-5 billable hours at AHBL, not to mention the mental health of everyone involved. Costs are kind of weird in Small Claims (they’re called expenses in the Rules). In BCSC, there is literally a chart and very strict guidelines; costs hearings sometimes take weeks and are frequently appealed.
Even if the defense won and were awarded costs, JY’s spiteful approach to paying costs would probably render that order nugatory unless Miriam pays. He’s also so deep in debt and has so little home equity that even an enforcement action under the Creditor Assistance Act would, depending on if he’s defaulted on other debts, leave them with at most about $1,000 and at a minimum about $100, not factoring the cost of actually enforcing the judgment debt through the COEA. Not worth the hassle.
This is JY’s entire MO – sue, intimidate, settle, profit, repeat.
This monster needs to be stopped and we will keep exposing him.
MeowMix Legal Document Library Update
We’ve added several files to the document library including the full settlement conference document, the notice of claim from JY against his neighbours, and the notice of claim against the aestheticians he’s suing again.
Abby’s Weekly Roundup!
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