Sorry for the repeat post, but I thought a stand-alone transcript of the video would be helpful for those unable to listen to the recording (or at least without vomiting).
Transcript of the video of Johnny having his 5-tonne ass handed to him:
Judge: (Deals with prior case)
J: (00:15): Alright Madam Registrar, may I have the next file, please?
Registrar: (inaudible)
J: I would like the one that is at Line 8 please. That would be the first one that's called.
R: (inaudible)
J: Alright, and I'd also like you to call Line 11 please.
J (00:50): Alright, is Jessica Yaniv on the telephone?
Jessticles Yaniv: Yes I am, Your Honour.
J: Thank you, Ms. Yaniv. You may mute your telephone. Is Kari Simpson--
JY: Thank you.
KS: Yes, Kari Simpson is on the line, and with leave, I am available to act as lay advocate for Donald Smith, who is also on the line.
J: Alright--
DFS: Yes I am on the line, Your Honour.
J: Oh no, no no. Everybody stop! This is the file we're calling with regards to Ms. Yaniv and Ms. Simpson--
DFS: Oh sorry.
J: Mr. Smith, your matter will be called next. You will place your cellphone on mute and you will not be permitted to speak on this particular file.
DFS: Okay, sorry about that. I got confused. Thanks Your Honour.
J (01:42): Alright, Ms. Yaniv, can you please, actually... can you please introduce yourself on the record and spell your last name?
JY: Yeah, of course. My last name is Yaniv; Y-A-N-I-V. First name is Jessica; J-E-S-S-I-C-A.
J: Thank you Ms. Yaniv. Madam Registrar, can you please affirm Ms. Yaniv? It will not be necessary for her to repeat her name on the record.
R: You affirm that the evidence you shall give shall be the truth, the whole truth, and nothing but the truth?
JY: Yes I do.
J: Thank you. Alright, Ms. Simpson, can you introduce yourself and spell your first and last name on the record please?
KS: For the record, Kari Simpson. K-A-R-I, last name Simpson, S-I-M-P-S-O-N.
J: Thank you. Madam Registrar, can you please affirm Ms. Simpson without the need for her to spell her name again?
R: Do you solemnly affirm that the evidence you shall give shall be the truth, the whole truth, and nothing but the truth?
KS: I do.
J: Thank you. Alright, both parties will place their telephones on mute.
J (02:50): This is Ms. Yaniv's application for a default order for a Notice of Claim that was filed... on March 17th, 2020. The application for a default order was filed on July 27th, 2020. I have... an application by Ms. Simpson to set aside any default order, if one is made, as well as some affidavits that I will confirm with you, Ms. Simpson, that in your application - let me double check here. Oh, there's the affidavit. That you came in person to the court, the court was closed, you emailed a reply and called several times, that you first learned of the default order on July 27th, except there has not been a default order. You explain in your application that you tried to file your reply at the Surrey Provincial Courthouse on April 7th, 2020 but were denied entry due to Covid-19 protocols. You provided a "Reply to the Claim" to the Court via email after several attempts were made to talk to someone at the Small Claims Registry but the telephone was never answered. On July 30th, 2020, you were notified that an application had been made by Ms. Yaniv for a default order and you immediately telephoned the clerk at the Surrey Small Claims registry and were provided with other information. Have I accurately summarized your position, Ms. Simpson?
KS: Yes, and if it would make matters easier, I could amend my application to set aside the application for a default order.
J: You don't need to do that ma'am.
KS: Oh, okay.
J: Okay, thank you. You may place your telephone on mute.
J (05:15): Ms. Yaniv, do you have any response?
JY: Um, I do, and um, and honestly, Kari Simpson is well known to be --
J: Ms. Yaniv, Ms. Yaniv --
JY: A liar.
J: No. Ms. Yaniv, the response with regard to the ability to file a Reply.
JY: I--
J: I just summarized the position and fact from the defendant with regard to the ability to file a Reply after you filed your Notice of Claim. Do you have any response with regard to--
JY: I do--
J: The information provided.
JY: Yes I do. I disagree.
J: Please do so.
JY: So, my response is that the court opened several weeks prior to me filing the default order. I gave Ms. Simpson a great deal of time; like I did not go to the day the court opened with Covid-19 protocols to the court to file the default order. I was respectful here and gave Ms. Simpson a great deal of time before I filed the default order. Ms. Simpson is a legal advocate. Ms. Simpson very well knows, um, that the court, um, is open. She follows this a quite deal. I am completely against her response because I did give her, I believe, two-and-a-half weeks post-Covid-19, um, with the court opening, the Registry opening, post Covid-19 before I filed the default order. So essentially I gave an additional 14 business days post, I believe roughly post, roughly an additional 14 post the Covid-19 Registry re-opening.
J: Thank you, Ms. Yaniv.
J (07:17): I'm now going to make a ruling, Madam Registrar. I am going to dismiss the application for a default order. I understand and appreciate Ms. Yaniv's position with regard to the court's opening and there being time after the court's opened for a Reply to be filed, but there does appear to be, based on the information from Ms. Simpson, some confusion with regard to what occurred in this instance. I noticed that the Notice of Claim was filed on March 17th. The Public Health Emergency was well-known by at least March 16th, 2020. Certainly, the period of time for filing a Reply fell well within the Covid-19 Pandemic Public Health Emergency between March and July of 2020. The Public Health Emergency has not ended but the Registry only recently re-opened to receive documents on these particular types of matters. In all of the circumstances, I dismiss the application for a default order. That being said, Madam Registrar, the application to set aside a default order is moot and Ms. Simpson, I invite you to withdraw your application to set aside the default order because one has not been made.
KS: And I will do so. I will withdraw that application and is there an opportunity for an order allowing for a late Reply?
J: We'll deal with that in a moment... Yes, but we'll deal with that in a moment.
KS: Okay.
J: Alright, so thank you Ms. Simpson. You may place your telephone on mute.
J (09:14): Ms. Yaniv, I have reviewed your Notice of Claim and the Claim sought, or the damages sought, for... Excuse me, from Ms. SImpson, are based on a number of issues--
JY: Correct.
J: Thank you, Ms. Yaniv, I am actually not having a conversation with you. I am--
JY: Okay sorry.
J: In a court you just have to be on telephone. The... just give me a moment here... Alright, yes. Your Notice of Claim deals with issues that, it does not appear are within the jurisdiction of the Small Claims Court of the Provincial Court of British Columbia. The types of claims that you have advanced in your Notice of Claim, for example... I'm reading this, but it's very difficult to read. Writing hate as one of the claims that you have made, you have claims for discrimination and criminal harassment, and you have claimed motivation of bias, prejudice or hate. The, excuse me, criminal harassment and hate crimes are not within the jurisdiction of the Small Claims Court of the Provincial Court of British Columbia. They are criminal matters and redress for that type of wrong needs to be sought from the police and in the Criminal Court. Discrimination is not what is called a "legal tort" in British Columbia. That is a legal wrong that can be addressed by the common law and it is dealt with through the BC Human Rights Tribunal.
J: Posting things to social media may qualify as libel or slander and that is, those are issues specifically excluded by the Small Claims Act, and therefore those are not issues that fall within the jurisdiction of the Provincial Court of British Columbia. I can see that these particular claims are the root of your claim and do you want to have some time to consider whether you are going to proceed with your claim and whether you wish to make submissions to the Court to demonstrate why jurisdiction should be exercised?
JY: For sure. So, thank you, Your Honour, for the explanation. So what I will be doing then is proceeding with the Supreme Court option against Ms. Kari Simpson along with--
J: Alright so--
JY: (inaudible ) criminal action.
J: Alright, sorry, Ms. Yaniv--
*Crackling*
J: Alright. I'm sorry, EVERYONE on the telephone, put your telephone on mute!
JY: Yeah, apologies Your Honour, that was my (inaudible) going off. Sorry about that.
J: Alright. So Ms. Yaniv, I take it then that you are withdrawing your Notice of Claim?
JY: Um, I will withdraw most of my Claim and I will proceed with, um, I will proceed with the claim in Supreme Court along with--
J: Alright--
JY: Criminal charges against Ms. Kari Simpson.
J: Ms. Yaniv, Ms. Yaniv, please just answer my question! Are you now withdrawing your Notice of Claim?
JY: I am withdrawing my Claim against Ms. Kari Simpson.
J: Alright. So this Notice of Claim is withdrawn, Madam Registrar.
R: Thank you.
J (13:24): Alright, that concludes the matter with regards to you, Ms. Simpson. I will not be permitting you to act as an advocate for another individual on another file--
KS: Okay, can I ask for some clarification in regards to this? Contained in the Notice of Small Claims Action, Yaniv made some, what I would... Perjured themselves. Is there an opportunity to have costs assigned to this individual or go to a costs hearing? Had our Reply been, uh, made part of this record, we would have stated exactly what you did: that this was not the right forum for the nature of accusations and speculations and other things that claimant Yaniv made, but there was also going to be a request for costs and exemplary costs. Clearly, um, the claimant has a long history of using the courts as a form of weaponized harassment against people--
JY: That is actually not true Kari--
J: Ms. Yaniv! Ms. Yaniv! You will keep your telephone on mute! You will not speak until I allow you to. The same goes for you, Ms. Simpson. I'm going to pause you right there. The Notice of Claim has been withdrawn. Not only is there no jurisdiction to award costs, I would not be inclined to do so in this particular case. The Notice was filed in March. The matter has been brought to the Court in first instance, the claim has been withdrawn, and that is the end of the matter. So that concludes the matter. Ms. Simpson, you are now excused you may hang up the telephone.
KS (off-phone): Hmmm, wow...