2021-01-05 Court: Jessica Yaniv Simpson vs. Donald Smith

jessica yaniv simpson vs donald smith

Jessica Yaniv Simpson is due in court January 5, 2021. This will be updated in real time as information streams in from various sources.

12:00 PM PST UPDATE: The Judge hung up on Donald and Yaniv. If that was the whole story it would be funny enough, but sadly it was due to technical challenges and the fact that the settlement hearing was unnecessary to begin with.

Technical reasons…Jonny and Donny were struggling with audio and kept talking over the other.

Legal reasons….There is a hearing schedules for Feb 19, 2021 in front of Judge Hamilton anyways. See the details in the background below.

Side note…According to my sources notes, Yaniv was trying to whine to the judge that Donald had shared login info on social media and refused to participate. The Judge completely ignored that. To be blunt, the Judge apparently looked tired of the whole issue, especially Yaniv. I wish I could have seen it myself.

11:35 AM PST UPDATE: Delayed until 11:45 am PST. This is a virtual settlement conference(teleconference or Teams). Not open to the public.

Background: On Sept 9, 2019 Yaniv lied to Judge Gary Cohen about the nature of the hearing that day.  The hearing was ordered by Judge Gaffer and was crafted to force Yaniv to make submissions to the court as to why the Small Claims court had jurisdiction to hear the bizarre claim made against Donald Smith. 

Instead Yaniv told the judge that it was to set a date for a settlement conference.  Things got heated after that and resulted in a formal complaint against Judge Cohen for his erratic and abusive behaviour towards Donald’s advocate Kari Simpson and Donald.  

Donald Smith immediately filed an application to set a date to compel Yaniv to comply with the August 14, 2020 order made by Judge Gaffer and make those submissions.  This application was to be heard on October 15, 2020 but the judge ran out of time and asked for the Judicial Case Manager to set a 1/2 day to hear the application.

Somehow the order to schedule a settlement conference got priority and is scheduled for January 5, 2020. Donald has persevered and has secured a date to force Yaniv to make those court ordered submissions – February 19, 2021.

January 5, 2021’s settlement conference will be interesting. The judge should just adjourn the matter until Donald’s application can be heard, but who knows what will happen.

It should be noted that the complaint made against Judge Cohen, the judge Yaniv lied to, has resulted in an apology to Kari Simpson.  More to come on that complaint. 

Transcript info related to Judge Gaffer August 14, 2020 directions to Yaniv re submissions – Info from Kari’s complaint re Cohen. According to the transcript of the proceeding, Judge Gaffer made an oral ruling and
informed Mr. Smith that his application to set aside the default order was unnecessary at this point, as she found it “moot”. She invited Mr. Smith to withdraw it. Judge Gaffer had done this same thing in the small claims suit that Yaniv launched against Kari Simpson, and Mr. Smith heard Kari agree to the withdraw. Mr. Smith did the same and agreed to withdraw.

Judge Gaffer then directed her attention to Yaniv and states (page 5 lines 9 –-35): “Ms. Yaniv, I have examined the body of your Notice of Claim and
similar to the comments that I made with regards to your Notice of
Claim concerning Ms. Simpson, I note that your Notice of Claim
speaks of harassment by Mr. Smith of you, as well as violations of his
bail order concerning the deletion of content relating to you from
social media. And you are seeking damages for emotional damage
and financial loss as a result of the postings to social media by Mr.

As I indicated to you in the earlier hearing, Ms. Yaniv, the matter
concerning harassment is a criminal matter and that is properly dealt
with by the police and in the criminal court. The matter concerning
emotional damage due to items posted to — emotional and financial
damage deals with possible slander and liabel (sic) which are matters
that are specifically excluded from the jurisdiction of the Provincial

The allegations of breach of a court order are matters again that
are dealt with in the criminal court and not in Small Claims court. So,
at this point the crux of your Notice of Claim against Mr. Smith does
not appear to be within the jurisdiction of the Provincial Court.

Judge Gaffer goes on at lines 36 –39 of the transcript to ask if Yaniv wants to
withdraw his Notice of Claim: “Do you wish additional time to consider your Notice of Claim, and whether you’re going to proceed with it? Or do you wish to withdraw your Notice of Claim and seek redress elsewhere?”

Yaniv fails to answer the judge’s question and instead informs the court that he has already commenced a Supreme Court action. Beginning at line 40:

Thank you, Your Honour. There is already a Supreme Court action in
relation to Mr. Smith’s continuous defamation and libel, so I will be—
I’ll be following up with the Supreme Court registry in regards to that.”

Judge Gaffer rephrases the question; Page 5, lines 45 – Page 6, line 1–2: “Ms. Yaniv, my question to you is: What would you like to do? Do you
want to have additional time to try to convince the court that it does
have jurisdiction on these matters? Or do you wish to withdraw your

Judge Gaffer then adjourns the matter and seeks the next Applications date in Small Claims court. During the time the clerk is determining the requested date Yaniv informs the court about the “fire” in his building and how he needs time to put this all together because he is now having to deal with “a large insurance thing here…”

Page 6, lines 26 – 33, Judge Gaffer clarifies what is transpiring: “Ms. Yaniv, just to be clear, this additional time is for you to determine whether you are going to proceed with your claim and wish—and for you to determine whether you would like to have the opportunity to make submissions to the court about whether the court has jurisdiction over your claim, so that we are absolutely clear.”

While Judge Gaffer is waiting for the date, Donald Smith asks if he can ask a question, the judge allows him to ask it. Page 7 lines 46-47, page 8 lines 1-2: “For this court date coming up—for this court date coming up and all
that stuff, do I need to file more paperwork or something like that or—”

The court responds with “No, Sir”.

Donald asks “No, Sir?”

And again, Judge Gaffer assures him by saying “No.”

The clerk come back with dates and September 9, 2020, at 11:00 a.m. is set.
Judge Gaffer again confirms with Yaniv once more about the proceeding. Page 9 lines 20, states to Yaniv, “And at that time, Ms. Yaniv, you are aware of what you need to be— what information you need to provide to the court.”

January 5ths hearings continue from this.

Remember to check out the latest Jessica Yaniv Simpson clips on MeowTube.

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