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

Just Gillsby

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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
kiwifarms.net
I for one would happily contribute to a go fund me to retrieve those records...
 
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wabbits

kiwifarms.net

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

kiwifarms.net
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

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.
 

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