Orbiter Jessica vs The Physiotherapist Corp - 04Sep2019 » YANIV, Jessica v H MORRIS & N SZUCS PHYSIOTHERAPIST CORP

Just Gillsby

kiwifarms.net
These are a weird little feature that are only used in personal-injury cases in small claims. It conveniently avoids the need for an expert report (usually $1500+ in BC) and the complicated rules of civil procedure that go with the expert report. I would speculate that the reason it runs to 125 pages is because it contains a lot of irrelevant medical records from this malingerer.

Yes, the Settlement Conference is covered by Rule 7 of the SMALL CLAIMS RULES. I've summarized the applicable ones here, but you can read the actual copy of Rule 7 here or a standard guide by The Law Centre here.

Rule 7 — The Settlement Conference
  • 1) Settlement conference
    Before a trial date is set, a settlement conference will be held at the time and place set by the registrar.

  • 4) Who must attend
    All parties must attend the settlement conference and have authority to settle the claim, and may be accompanied by a lawyer or articled student, except the defendant need not attend if
    • (a) the claim results from a motor vehicle accident,
    • (b) the defendant is disputing the amount of the claim but not liability, and
    • (c) a person appointed by the Insurance Corporation of British Columbia attends instead of the defendant.

  • 9) Certificate to be filed in personal injury cases
    In a claim for damages for personal injuries, the claimant must file at the registry, within 6 months after serving the notice of claim and before a settlement conference is held, a certificate of readiness (Form 7) that has attached copies of all
    • (a) medical reports, and
    • (b) records of expenses or losses incurred or expected.
      [am. B.C. Reg. 148/97, s. 7.]

  • 14) What happens at a settlement conference
    At a settlement conference, a judge may do one or more of the following:
    • (a) mediate any issues being disputed;
    • (b) decide on any issues that do not require evidence;
    • (c) make a payment order or other appropriate order in the terms agreed to by the parties;
    • (d) set a trial date, if a trial is necessary;
    • (e) discuss any evidence that will be required and the procedure that will be followed if a trial is necessary;
    • (f) order a party to produce any information at the settlement conference or anything as evidence at trial;
    • (g) order a party to
      • (i) give another party copies of documents and records by a set date, or
      • (ii) allow another party to inspect and copy documents and records by a set date;
    • (h) if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage;
    • (i) dismiss a claim, counterclaim, reply or third party notice if, after discussion with the parties and reviewing the filed documents, a judge determines that it
      • (i) is without reasonable grounds,
      • (ii) discloses no triable issue, or
      • (iii) is frivolous or an abuse of the court's process;
    • (j) before dismissing a claim, counterclaim, reply or third party notice, order a party to file an affidavit setting out further information;
    • (k) Repealed. [B.C. Reg. 148/97, s. 7 (e).];
    • (l) make any other order for the just, speedy and inexpensive resolution of the claim.
      [am. B.C. Reg. 148/97, s. 7.]

  • 15) If a party does not comply with a disclosure order
    If a party does not comply with an order under subrule (14) (f), (g), (h) or (j), a judge may at any time do one or more of the following
    • (a) adjourn a settlement conference or trial and order that party to pay all the reasonable expenses incurred by any other parties as a result of the adjournment;
    • (b) order a trial to proceed without permitting that party to produce as evidence any information, document or records withheld as a result of the non-compliance;
    • (c) dismiss the claim, counterclaim, reply or third party notice.
      [en. B.C. Reg. 148/97, s. 7.]

  • 20) If a party does not comply with a settlement agreement
    If a settlement is recorded on the court record as an agreement and not as a payment order and a party does not comply with the recorded terms of the agreement,
    • (a) the agreement is cancelled, and
    • (b) after filing an affidavit of non-compliance, the claimant may file a payment order in the amount that a judge directed at the settlement conference or, if no direction was made, in the amount of the claim.
      [en. B.C. Reg. 148/97, s. 7.]


This will just clear the air, I hope. Some people are naturally concluding that because there's a Settlement Conference, Yaniv is getting a Settlement, but that isn't the facts.
 
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ConSluttant

Because everyone needs advice. Even Thots.
True & Honest Fan
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I for one would happily contribute to a go fund me to retrieve those records...
 
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wabbits

True & Honest Fan
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Surrey Cleric B

kiwifarms.net
Me, too - and if @Not Really Jack Bauer's still in, it's we, three. But the account posting the amount needed has been killed so we can't contact them about it.

If the former BC Whistleblower A is here under another name, please DM us so we can arrange to get you the cash you need to obtain Yaniv's certificate of readiness.
I just heard back from Issac and he said that GoFundMe finally got back to him about his Fundraiser ("There were some special characters in the title preventing that from launching..." to start a collection to retrieve the full Certificate of Readiness composed by the Predator Potato. We're still hopeful that one of the parties will forward us a full and complete copy of Jonathan's package. ;)
 
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wabbits

True & Honest Fan
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I just heard back from Issac and he said that GoFundMe finally got back to him about his Fundraiser ("There were some special characters in the title preventing that from launching..." to start a collection to retrieve the full Certificate of Readiness composed by the Predator Potato. We're still hopeful that one of the parties will forward us a full and complete copy of Jonathan's package. ;)

DM me, guys. Taken care of, thanks.
 
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wabbits

True & Honest Fan
kiwifarms.net
The 132-page Certificate of Readiness Yaniv filed back in October 2019 in an effort to get Szucs et al. to give him a cash settlement is as much of a gift to the defendants as any attorney could wish for.

The certificate form Yaniv filled out states he is to provide "all medical reports and all records of expenses or losses incurred or expected" as a result of the June 26, 2019, incident with the massage table, but Yaniv submitted nothing like that. Instead, he provided only summaries produced by doctors he consulted via the TELUS phone app called Babylon, none of which relate to the alleged June 26 injury.

In fact, on the day after the table incident, Yaniv used the Babylon app to contact a doctor and said nothing about the incident or about back pain. Rather, he complained about a blood test result from a month earlier showing an elevated Gamma GT level, an indication of fatty liver, a condition typically found in obese people and alcoholics. He was told that his Gamma GT level was not a cause for concern.

Later Babylon summaries show Yaniv complaining about incidents that could have caused or exacerbated any back injury he might have: several fainting spells in which he fell to the floor at home, falling in the bathroom around August 1, and allegedly being hit by a car driven by Rebel Media reporter Keean Bexte around August 8.

The certificate's attached here, h/t @cloneconspiracy. KF discussion is focused on the main Yaniv thread and on the Munchie thread, where I'll update the monitors today to include the new health details.
 

Attachments

  • 452549248-cso-sur-pc-85518-yaniv-vs-szucs-certificate-of-readiness.pdf
    2.6 MB · Views: 132

Junkail

kiwifarms.net
Update: MeowMix reports that the physiotherapists' lawyers decided to fight the claims and demands yaniv presents concrete evidence of damages to his back. The latest documents are from 26/06/2020, so we can expect this to drag on into September:


Apparently Jon has no evidence of such injuries aside from online doctors', testimonies. This is honestly starting to look like this one SouthPark scene where Cartman yells at Ms. Choksondik to suck his balls and she tells him to present them.
 

pr3nt177

"I'm a hardcore girl"
kiwifarms.net
Update: MeowMix reports that the physiotherapists' lawyers decided to fight the claims and demands yaniv presents concrete evidence of damages to his back. The latest documents are from 26/06/2020, so we can expect this to drag on into September:


Apparently Jon has no evidence of such injuries aside from online doctors', testimonies. This is honestly starting to look like this one SouthPark scene where Cartman yells at Ms. Choksondik to suck his balls and she tells him to present them.
It's going to be interesting to see what he produces as "evidence", unless of course he's expecting "my back's sore" to swing it for him. I'll bet the lawyers have been sent every video/tweet after the event to disprove his "bad back" :lit:. Would so love to be a fly on the wall if/when he tries to explain all that away.

You never know, being mentally deficient perhaps he'll go the full hog and bring his scootypuff out of mothballs for the day.
 

MuuMuu Bunnylips

kiwifarms.net
Update: MeowMix reports that the physiotherapists' lawyers decided to fight the claims and demands yaniv presents concrete evidence of damages to his back. The latest documents are from 26/06/2020, so we can expect this to drag on into September:


Apparently Jon has no evidence of such injuries aside from online doctors', testimonies.


Don't those hold about as much water as mail-order diplomas?
 

C4605

kiwifarms.net
I can’t speak to small claims; there’s little money in it and the rules are designed to be a bit easier. But in BC Supreme Court you would require an expert report (or five) to have any chance of success and no doctor in their right mind would submit a false report for Jessticles.
 

Smleman303

kiwifarms.net
And just like the meow mix blog is gone after that last post
Screenshot_20200710-110915_Chrome.jpg
 

The Un-Clit

After the Dimensional Merge, pussy eats YOU!
True & Honest Fan
kiwifarms.net

The thought of ANYONE giving into Jonnyboy with a settlement, even a fairly small one, makes me want to retch. They EASILY could have held out for judgement and won, but it seems almost every corporate lawyer pushes for settlement in almost every situation. Which was of course, what Jonny was hoping for in suing one of the only people/places likely to pay a lawyer to defend them.
 

pr3nt177

"I'm a hardcore girl"
kiwifarms.net
@pr3nt177 2500 doesn't even cover 1 months negative income, so he's still going backwards.
Win some lose some....Looks like Donny's a WINNER
& that's worth the whole 2500 plus

The thought of ANYONE giving into Jonnyboy with a settlement, even a fairly small one, makes me want to retch. They EASILY could have held out for judgement and won, but it seems almost every corporate lawyer pushes for settlement in almost every situation. Which was of course, what Jonny was hoping for in suing one of the only people/places likely to pay a lawyer to defend them.

Fat boy will see it as a victory and will gloat to his kiddy audience but $2500 is a far cry from the $35000 he wanted and desperately needs :lit:.
 

Unpleasantness

I'm doing your mom.
kiwifarms.net
Fat boy will see it as a victory and will gloat to his kiddy audience but $2500 is a far cry from the $35000 he wanted and desperately needs :lit:.
It's just "fuck off and don't come back" money. The insurers will have looked at the cost of defending the claim, and even if they win (which they would have done) it'll cost them more than that.
It's Johnny's business model all over
 

Second Hand Syringe

My blood is poison
kiwifarms.net
The thought of ANYONE giving into Jonnyboy with a settlement, even a fairly small one, makes me want to retch. They EASILY could have held out for judgement and won, but it seems almost every corporate lawyer pushes for settlement in almost every situation. Which was of course, what Jonny was hoping for in suing one of the only people/places likely to pay a lawyer to defend them.
On the bright side, this small taste of victory will likely ignite him to become even more litigious which is exactly what we want. Think of this not as a loss for common sense, but as a means to keep the freakshow stocked up with fresh material. That vexatious litigant classification it's going to appear unless we get some more of this behavior.... at this point the more court attention he brings upon himself the merrier.

Imo we want Jon to have plenty of rope to hang himself.
 

pr3nt177

"I'm a hardcore girl"
kiwifarms.net
On the bright side, this small taste of victory will likely ignite him to become even more litigious which is exactly what we want. Think of this not as a loss for common sense, but as a means to keep the freakshow stocked up with fresh material. That vexatious litigant classification it's going to appear unless we get some more of this behavior.... at this point the more court attention he brings upon himself the merrier.

Imo we want Jon to have plenty of rope to hang himself.
I'd be naffed off if jonny had got the full $35000...this $2500 is like the carrot and the donkey. :lit:

1599159707992.png

The saving grace is that it wasn't against a private citizen so to speak. Plus he's obviously peeved at Donald Smith atm which takes the shine off his small "victory" :lit:

Sorry but this still pisses me off. Pragmatic or otherwise I can't believe these pussies gave him anything.
If you look at the wider picture though $2500 is a drop in the ocean. Don't look at what he actually received but what he actually wanted/needed and didn't get...now that would have been a travesty.

He got Smith jailed for 39 days and wanted him to remain there but charges have been dropped. Would you claim that as a yaniv victory?
 
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