You’d think Jessica Yaniv Simpson would have learned better by now but I guess not…
In another desperate money grab attempt, Jessica “Abdomen Overweight” Yaniv (Price?) filed a complaint with BC’s Civil Resolution Tribunal alleging that JY’s strata failed to retain and provide building access fob records, which JY says he is entitled to, and wished to use to audit the performance of a security company he hired. He claims this mishandling of data by the strata caused him $5,000 in damages.
The strata disputed it, saying that they were not required to keep these records, and JY had already attempted this claim anyways, both through the CRT and the Information and Privacy Commissioner.
The full document can be viewed or read at the bottom of this article. Our summary is below.
The CRT reviewed strata bylaws, which state how long the strata corp will keep fob data for – 3 months – and what they can be used for – law or bylaw enforcement related to building safety and security.
On more than one occasion, Yaniv had requested additional access fobs for a security company to use. The strata manager ignored him and the records were deleted in compliance with strata bylaws.
Months later, Fat Jon complained to the IPC about the strata’s lack of response. The IPC agreed the strata should have responded, but left it at that.
Jon says he asked the strata to provide these fobs on several other occasions, but was unable to provide any evidence. Pretty strange for someone who keeps such meticulous records. It almost makes you think he’s lying.
Yaniv was completely unable to explain or prove how any damages occurred or why the strata should be on the hook for them.
The strata defense stated that Yaniv could have asked for these again, or at other occasions, pointing out that Yaniv had raised several other disputes about the strata in that same time.
Strata also argued that Yaniv was basically abusing the entire process for personal gain but was unable to prove as much. The CRT couldn’t support that claim from a legal perspective.
The CRT went on to review which records the strata is and isn’t required to produce – showing that security fob records are not included in this and the strata has no obligation to provide these. The tribunal member found that the strata bylaws didn’t require them to give Yaniv what was asked for at all.
Yaniv’s claim was dismissed.
The strata did apply for costs, but this was denied. The strata didn’t have a lawyer and was unable to prove this was an abuse of process, so costs couldn’t be awarded.
The bright side is that the strata is on to him, and they’re talking to others, sharing info. They may not have won costs time, but they will come back better next time.
[mdocs single-file=”20220606 Jessica Yaniv Simpson vs JYs Strata CRT Decision.pdf”]
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