A Vancouver woman is asking for the courts to make an example of her neighbour, a practising lawyer she alleges has filed a baseless pseudolegal lawsuit against her in an attempt to “provoke a state of fear.”
A Vancouver woman is asking for the courts to make an example of her neighbour, a practising lawyer she alleges has filed a baseless pseudolegal lawsuit against her in an attempt to “provoke a state of fear.”
This is the best summary I could come up with:
A Vancouver woman is asking for the courts to make an example of her neighbour, a practising lawyer she alleges has filed a baseless pseudolegal lawsuit against her in an attempt to “provoke a state of fear.”
Supreme Court master on Wednesday, asking for a notice of claim filed by real estate lawyer Naomi Arbabi to be struck as “scandalous, frivolous or vexatious.”
Arbabi’s notice of claim, filed on Oct. 5, accuses McLelland of “trespass” for installing a privacy divider on her rooftop deck in their Fairview condo building.
McLelland argued the lawsuit is a clear example of what Canadian courts have termed an organized pseudolegal commercial argument (OPCA) — a thoroughly debunked and wholly unsuccessful class of legal theory favoured by fringe groups like Sovereign Citizens and Freemen on the Land.
She went on to say that “a trespass occurs when a man or a woman knowingly does the wrong deed … not by accident, not by ignorance, but with intention and without authority and does not provide remedy or lawful excuse.”
She told the court there was no deck divider when she purchased her condo, and its installation has ruined her home’s “crown jewel” — its view of the North Shore mountains.
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