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

[Teazel]

Okay, so theoretically, I own a business in the good city of Langley or thereabouts. And a certain Jessica Yaniv waddles in, seeking to obtain goods or services. Is there a way to refuse a client that hasn't acted poorly to you yet, but you know that he might beat you with a cane or drive his scootypugg through your window? Pre-emptive restraining order? Little sign that says "We serve the LGBT+ community proudly, just not Jessica Yaniv"? How are vexatious, histrionic litigants usually dealt with?

 

[Gustav Schuchardt]

Okay, so theoretically, I own a business in the good city of Langley or thereabouts. And a certain Jessica Yaniv waddles in, seeking to obtain goods or services. Is there a way to refuse a client that hasn't acted poorly to you yet, but you know that he might beat you with a cane or drive his scootypugg through your window? Pre-emptive restraining order? Little sign that says "We serve the LGBT+ community proudly, just not Jessica Yaniv"? How are vexatious, histrionic litigants usually dealt with?

Well, that's the insane thing about the ball waxing case. If the waxers had let him in and waxed him despite not knowing how to do male genitalia and injured him, he'd have sued them. As John Carpay alluded to in the hearing actually.

And we can see from the psychotherapy case that if you let him he'll sue for some other bogus reason. I.e. under Canadian law it seems like there's no way you can avoid being sued.

So you've got someone who doesn't work and lives in a luxury apartment and spends his time suing people who do work and potentially shutting down their businesses in order to fund his wholly parasitic existence.

 

[BallBuster]

Okay, so theoretically, I own a business in the good city of Langley or thereabouts. And a certain Jessica Yaniv waddles in, seeking to obtain goods or services. Is there a way to refuse a client that hasn't acted poorly to you yet, but you know that he might beat you with a cane or drive his scootypugg through your window? Pre-emptive restraining order? Little sign that says "We serve the LGBT+ community proudly, just not Jessica Yaniv"? How are vexatious, histrionic litigants usually dealt with?

Refusing service to a known menace who has a history of harassment and causing trouble for people and businesses is enough of a defense on its own.

Placing a picture of Jon behind the register with a “Not Welcome, Do Not Serve” is 100% legal for a business owner looking to protect their business. But in Cuckanada I’m sure you could be thrown in jail for protecting your livelihood.

 

[Patricia Highsmith]

Well, that's the insane thing about the ball waxing case. If the waxers had let him in and waxed him despite not knowing how to do male genitalia and injured him, he'd have sued them. As John Carpay alluded to in the hearing actually.

And we can see from the psychotherapy case that if you let him he'll sue for some other bogus reason. I.e. under Canadian law it seems like there's no way you can avoid being sued.

So you've got someone who doesn't work and lives in a luxury apartment and spends his time suing people who do work and potentially shutting down their businesses in order to fund his wholly parasitic existence.

What to do, what to do with Jonny? Waivers won't work, they don't prevent you from suing, waivers are unenforceable if, arguably, consumer standards are not met. Given his claims are universally bogus, some protection might be had with sound and vision cctv, but the businesses he targets quite strategically are vulnerable to a "he said, she said".
An application by parties with standing to have Jonny declared a vexatious litigant might have some chance of succeeding in BC. This would gatekeep his capacity to issue extortionate proceedings.

B.C. takes steps to stem tide of vexatious litigants

British Columbia is the latest jurisdiction to issue directions “vexatious litigants” must follow in requesting leave to file process or documents in court, in an effort to control access of vexatious litigants to the court system.

www.canadianlawyermag.com

http://archive.md/MGzzl

 

[troon patrol]

Not certain if anyone else has already pointed out the Tranny elephant in the room besides yaniv but, Being morbidly obese is huge contributor to muscle/joint injury and causes increased risk of seizures.

Can someone in Canada explain the right of business refusal to overly litigious individuals? If someone is a known career slip and fall expert, who sues entities left and right for negligence due to injuries staged or exaggerated, can you legally refuse them service based soley on the fact they are extremely litigious? This isn't some SJW tranny shit, this is a right of buisness to refuse a known con-artist? Does this exist in Canada?

 

[Short Stack]

Once his games all come out (& they will)
Do the waxers & others that have suffered financial harm from him be able to sue?

That would be so sweet....jonny being on the receiveing end being served a bunch of summonses.

 

[Papa Adolfo's Take'n'Bake]

Not certain if anyone else has already pointed out the Tranny elephant in the room besides yaniv but, Being morbidly obese is huge contributor to muscle/joint injury and causes increased risk of seizures.

Can someone in Canada explain the right of business refusal to overly litigious individuals? If someone is a known career slip and fall expert, who sues entities left and right for negligence due to injuries staged or exaggerated, can you legally refuse them service based soley on the fact they are extremely litigious? This isn't some SJW tranny shit, this is a right of buisness to refuse a known con-artist? Does this exist in Canada?

Based on above responses, doubtful. That being said, I wonder about the jurisprudence of referring to a vexatious litigant that's only so far utilized the potemkin court of the BCHRT. If they do have these laws, is that a separate determinant?

 

[AbraCadaver]

Refusing service to a known menace who has a history of harassment and causing trouble for people and businesses is enough of a defense on its own.

Placing a picture of Jon behind the register with a “Not Welcome, Do Not Serve” is 100% legal for a business owner looking to protect their business. But in Cuckanada I’m sure you could be thrown in jail for protecting your livelihood.

Maybe they could be very polite about it, like when the Japanese have “we do not serve honourable foreigners” outside their more traditional bathhouses.

Put up a ballgown pic of Johnny and a notice saying “We regret that we do not serve this stunning and brave pioneer for women’s rights and the queer community, and btw those tits look convincingly real.”

 

[Vagivagal Syncope]

Isn't this another example of how easy it is to file a court case out west? I mean, most of the OPCA litigants from years gone by operated out of provinces west of Saskatchewan because it was easier to file lawsuits and fill the courts with paperwork.

Regarding the refusal to serve someone who is litigious, I don't believe there is, but the courts do keep track of litigious individuals and judges can throw cases out due to that kind of behaviour. On the other hand, if the business owner feels the patron is a danger to themselves or others, they can refuse service. That sort of thing isn't really protected by the CHRC.

Where business get into trouble with refusal of service is when they make assumptions about the patron in ways protected by human rights code in Canada. So it's perfectly legal to refuse service using the typical "No Shirt, No Shoes, No Service" mantra. Likewise, a convenience store has the right not to sell smokes to a 14 year old.

 

[Gustav Schuchardt]

An application by parties with standing to have Jonny declared a vexatious litigant might have some chance of succeeding in BC. This would gatekeep his capacity to issue extortionate proceedings.

B.C. takes steps to stem tide of vexatious litigants

British Columbia is the latest jurisdiction to issue directions “vexatious litigants” must follow in requesting leave to file process or documents in court, in an effort to control access of vexatious litigants to the court system.

www.canadianlawyermag.com

That's interesting

https://archive.md/MGzzl#selection-1467.0-1494.0

Last March, the Federal Court of Appeal provided some guidance to lawyers in bringing motions to curb frivolous litigation in the courts. In Canada v. Olumide, Justice David Stratas urged litigants bring applications under s. 40 of the Federal Courts Act in order to weed out vexatious litigants as early as possible.

If you look at S.40 of the FCA it's this

https://laws-lois.justice.gc.ca/eng/acts/F-7/page-7.html#docCont

Vexatious proceedings

40 (1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court.

So if Yaniv takes you to court and loses, you need to raise S.40 of the FCA and get him labelled a vexatious litigant. At which point it's a lot harder for him to take anyone else to court. He will also go mental on Twitter, and that is the tard cum that nourishes us here.

 

[Short Stack]

Any updates on a response being filed against jonnys complaint?
Will it be public?

 

[PonelessBizza]

Any updates on a response being filed against jonnys complaint?
Will it be public?

I hope so

 

[WGkitty]

Any updates on a response being filed against jonnys complaint?
Will it be public?

It will, I checked yesterday and it doesn't look like the file was updated.

 

[KiwiFuzz]

The alleged injury was on June 26.

His ass assault was on July 19.

I wonder what he said at the ER about his ass assault, and if there was any physical complaint documented at the time.

(This is why only a fool would want to be involved in a case like this. You go into the doctor with a complaint of a sore neck after eating it off your bike when you're 10, then you get a whiplash injury when you're 35, your chances of a payout just sank.)

 

[din365]

At the same time Y is he drawing attention to himself? He's all over NATIONAL media now, & his isn't a face U can't miss.

I don't know the laws in Canada...in the US small claims is between 5000 & 7500 WITHOUT legal representation...
$35,000????
The physiotherapists WILL HAVE lawyers.... & they'll have a field day with him.
Troons aren't known for rational behavior
Even serial killers have lucid moments

I've seen nothing rational or lucid from jonny.

WHY?????? Why draw more attention to himself?

I'm gonna need a lot more pop corn

Agreed. This was filed in a PROVINCIAL court, not the kangaroo court of the BCHR tribunal. JY will actually have to provide actual evidence in this one to substantiate "her" claim, and they can countersue yaniv for cost as well. I hope they clean yaniv th hell out and give that idiot a taste of reality.

 

[Short Stack]

This is grownups court....Is JY representing himself?
Do they have pre trial mediation in Canada?
I would so like video of it...jonny playing a lawyer

 

[Second Hand Syringe]

I would so like video of it...jonny playing a lawyer

I guess we'll need to find a local sketch artist.

 

[pr3nt177]

This is grownups court....Is JY representing himself?
Do they have pre trial mediation in Canada?
I would so like video of it...jonny playing a lawyer

Langley's answer to Ironside.

 

[wabbits]

This is grownups court....Is JY representing himself?
Do they have pre trial mediation in Canada?
I would so like video of it...jonny playing a lawyer

Yeah, BC small claims court has a mediation process that either party can commence by completing a form and notifying the other party or parties. Then what?

Additions: Mediation doesn't involve a judge. But if the parties don't opt for mediation or don't conclude it successfully, the judge will hold a settlement conference to see if a trial can be avoided. It's 'splained here. I stole their diagram (doesn't inc. mediation). Also, small claims court rules and process generally might be useful along the way.

If Jonathan lawyers for himself throughout as he has so far, here are the rules for Miriam. They include the word "quiet."

 

[The Un-Clit]

This is grownups court....Is JY representing himself?
Do they have pre trial mediation in Canada?
I would so like video of it...jonny playing a lawyer

Having had to sue my business' property management company in the mid-90s (When the limit to Small Claims Court was $10,000) I can tell you that they do indeed have pre-trial mediation in B.C. and GodBear save you if you blow it off, like one of the execs of the company in question did in my case.

The judge tore a strip off him for it and made him pay me $200 for wasting my time by not showing for it in the second mediation meeting, or else he would have been found in contempt of court. Their lawyer didn't even try to save him from it. The look on the bastard's face handing that cheque over was almost worth the bullshit I had gone through up to that point.