Jessica Yaniv Court Update: Default, Dismissal, and Donald

August has started with a hefty bit of paperwork for Jessica Yaniv aka Jonathan Yaniv. I’ll get straight to it.

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Donald Smith

On March 17, 2020, Yaniv sued Donald Smith for $35,000. Then, COVID struck and the courts closed. Donald was never served paperwork. On July 27, Jessica Yaniv filed a Certificate of Service saying Donald was served, but the evidence he produced to prove as much was a Canada Post record showing that the letter was delivered to a community mailbox and no signature was received. Surely Yaniv must know that you need a signature to serve someone via mail.

Donald Smith Jessica Yaniv Canada Post tracking

Donald was made aware of Yaniv’s efforts to serve him and, with Kari Simpson’s help, tried to file a response at the courthouse but was unable to because it was closed due to COVID. Donald was never properly served documents. Kari Simpson contacted the clerk at the courthouse who informed her there was confusion at the courthouse and Donald should have received a letter.

Donald has filed an application to have the default application dismissed.

In other news related to Donald, there is a pre-trial conference scheduled for today in relation to Donald’s three criminal charges tied to Yaniv’s false complaints. MeowMix will provide updates as they become available.

These documents are available in Legal Document Library under Donald Smith.

Kari Simpson

This is more or less the same story as Donald. Kari was never properly served documents.

Interestingly, Jessica Yaniv (Jonathan) was able to produce a Canada Post record saying Kari signed for the document, but even that looks odd. As you can see below, the item was processed at Canada Post at 7:57 am, then sent for delivery, delivered, and signed for 18 minutes later, all at the same time – 8:15. How is that possible?

My best guess is that Canada Post is experiencing challenges during the COVID pandemic and Yaniv is taking advantage of it.

Kari has filed an application to dismiss Yaniv’s default application.

MeowMix consulted a legal expert on this matter. It’s important to note in both of the above cases that simply filing for a default judgment doesn’t guarantee a default judgment. In general, the rule is that the judge will believe that the material facts in the pleadings are true and then proceed accordingly.

For example, Company A gets a default judgment for $20k after pleading that Company B didn’t pay an invoice for $20k (plus all the costs etc.). Company A still has to provide a minimum level of evidence to support the claim (e.g. the invoice itself and some account statements). Here, there are no pleaded facts that give rise to liability so I don’t think any judge is going to grant a default judgment.

Also important in JY’s claims against Kari and Donald are that he cites Ontario Human Rights Commission policies, which may be persuasive in BC but have no legal impact, and uses the term “hate crime”, which is a criminal matter, and asks a civil court to take action on it without a corresponding cause of action.

Finally, in both cases, JY is asking for $35,000 in damages but hasn’t asserted any losses. Very few torts are actionable without proof of loss.

Our MeowMix legal expert friend expects both claims will be struck as they assert no reasonable cause of action and they have no reasonable likelihood of success.

These documents are available in Legal Document Library under Kari Simpson.

Keean Bexte / David Menzies

On July 28, 2020, Bexte and Menzies, with the help of their lawyers, filed an application to have Yaniv’s completely irrational counterclaim struck.

The Rebel Media reporters sued Yaniv for assault and battery and Yaniv replied that they defamed and harassed him. There is no real standalone law for harassment and the BC small claims court this was filed in has no jurisdiction over defamation cases. Further, Yaniv’s counterclaim asserts no reasonable cause of action.

MeowMix legal experts predict Rebel Media’s application will be granted.

These documents are available in Legal Document Library under Rebel Media.

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