Bernard Yankson - Also dead. But even Moor litigious.

[grixit]

Now there is an epithet I haven't heard used before, "primitive-low-grade-vibration-junkies", no that I think Bernie has even clue one as to what it means.

I think i do.

The idea of "vibrations" of some sort (of spirit, aura, ether, etc) has been around since the beginning of "New Age" thinking, possibly starting with Theosophy. Lifeforms are divided into hierarchies of some desirable quality variously designated enlightenment, consciousness, evolution, etc. The more you had the better. Animals had little or none, angels and other "ascended beings" a lot, humans were in the middle, sometimes further sorted by ethnicity. Certain historical figures were represented as having more-- always including religious figures and intellectual pioneers. So yeah, Jesus, Buddha, Leonardo, Ben Franklin-- everybody uses the same list. And the more of this special something, the "higher" your vibration. Joining the group was a shortcut to raising your own vibration, possibly to the point of vibrating yourself into the next plane of reality. But not everyone wanted this, some people actually reveled in their low vibrationary status and/or resented those who strove to advance. Especially the naysayers, the ones who would refer to people who were selflessly trying to share the truth with others as "con artists". Name calling, sensation mongering, information suppression and material concerns were the marks of people stuck at the bottom rung. Don't get stuck there with them.

In other words, the usual guru critic blaming.

[Hilfskreuzer Möwe]

... primitive low grade vibration ...

... primitive low grade vibration ???

... primitive low grade vibration !!!

... I'm ... I'm ...

I'm a subwoofer!!!

whomp Whomp whomp WHOMP

whomp Whomp whomp WHOMP-WHOMP

whomp Whomp whomp WHOMP

whomp Whomp whomp WHOMP-WHOMP

oontz oontz Oontz OONTZ

oontz oontz Oontz OONTZ-OONTZ

whomp whomp whomp WHOMP

whomp Whomp whomp WHOMP-WHOMP

Oops.

Ahem.

(whomp whomp whomp Whomp!)

SMS Möwe

[Burnaby49]

oontz oontz Oontz OONTZ-OONTZ?

[wserra]

I sat here in the dark for a reason

He didn't pay his electric bill.

[AndyK]

Gotta keep those good vibrations happening.

[Burnaby49]

Yankson decision is out but not yet posted on the BC Supreme Court website. I've done a crude cut and paste of a PDF I was sent, I'll link to the actual document when the court posts it. Seems to be pretty much just an expansion of the oral decision.

IN THE SUPREME COURT OF BRITISH COLUMBIA
Citation:
Yankson v. Canada (Attorney General),
2013 BCSC 2332
Date: 20131016
Docket: S135307
Registry: Vancouver
Between:
Bernard Yankson
Plaintiff
And
Attorney General of Canada, Attorney General of British Columbia, and Lieutenant Governor of British Columbia
Defendants
- and -
Docket: S135934
Registry: Vancouver
Between:
Bernard Yankson Trust
Plaintiff
And
Her Majesty the Queen, Crown Corporation of Canada, Attorney General of Canada, Lieutenant Governor of British Columbia, Solicitor General of British Columbia, Attorney General of British Columbia, Premier of British Columbia, City of Vancouver, Minister of Health; Terry Lake
Defendants
Before: The Honourable Mr. Justice Savage
Oral Reasons for Judgment
In Chambers
Yankson v. Canada (Attorney General)

Appearing on his own behalf:
B. Yankson
Counsel for the Defendant, Attorney General of Canada:
A. Elliot
Counsel for the Defendant, Attorney General of British Columbia
N. Barnes
Counsel for the Defendant, City of Vancouver
I.K. Dixon
No other appearances
Place and Date of Hearing:
Vancouver, B.C.
October 16, 2013
Place and Date of Judgment:
Vancouver, B.C.
October 16, 2013

I. Introduction
[1] There are three applications before me by defendants in action S135934 to strike out and dismiss the plaintiff’s notice of civil claim. This action was commenced August 7, 2013. The applications are brought by the Attorney General of British Columbia, the Attorney General of Canada, and the City of Vancouver. The plaintiff in that action is styled “Bernard Yankson Trust”.

[2] There are three applications before me in action S135307, two applications by the Attorney General of British Columbia and the Attorney General of Canada to strike out and dismiss the plaintiff’s notice of civil claim, and an application by the plaintiff seeking “free association” rights, and “relief” specified therein. This action was commenced July 15, 2013.

[3] The Attorney General of British Columbia also seeks an order in action S135307 declaring the plaintiff a vexatious litigant requiring leave of the court before commencing any new proceedings. The plaintiff in that action is more simply styled “Bernard Yankson”.

[4] The plaintiff also has an application before me seeking summary judgment.
II. Application to strike claims

[5] Rule 9-5(1) of the Supreme Court Civil Rules provides the court with the authority to strike the whole or any part of a pleading on four grounds: (1) where a pleading discloses no reasonable claim or defence; (2) where a pleading is unnecessary, scandalous, frivolous or vexatious; (3) where a pleading may prejudice, embarrass, or delay the fair trial or hearing of the proceeding; and (4) where a pleading is otherwise an abuse of the process of the court.

[6] Rule 9-5(2) provides that no evidence is admissible where a party is seeking to strike a claim on the basis that the pleading discloses no reasonable claim or defence.

[7] An application under Rule 9-5 is distinct from applications under Rule 9-6 which are concerned with the merits of claims and for which evidence is admissible. The test on application under Rule 9-5(1)(a) is whether it is plain and obvious that the pleadings disclose no cause of action: Odhavji Estate v. Woodhouse, 2003 SCC 69. It is a test with a high threshold; after all, the effect of striking pleadings in whole, is to dismiss the plaintiff’s claim: see Woolsey v. Dawson Creek (City), 2011 BCSC 751 at paras. 27-30.

[8] Another ground which will found an application to strike pleadings is where the matter is an abuse of process, which violates principles such as “judicial economy, consistency, finality and the integrity of the administration of justice”: Dempsey v. Envision Credit Union, 2006 BCSC 750 at paras. 9 and 12.

III. Discussion and Analysis

[9] The defendants here take the position that the plaintiff’s pleadings are “utterly incomprehensible”. In one small aspect, they appear to be related to a birth certificate in action S135934, but no facts are alleged which would enable the reader to understand what is alleged. For example, there are multiple references to slavery, kidnapping, peonage, trafficking in persons, piracy, and conspiracy to kidnap.

[10] There are some concepts and assertions that I find impenetrable. For example, in paragraph 2 of the claim in action S135934, it is stated that “The plaintiff gives notice that the Bernard Yankson Trust - T3 4141 85, is a non-resident (inter vivos) master trust location in Ottawa, Ontario with Canada Revenue Agency and is managed by the grantor for the needs of protecting assets under gross negligence, aggression, breach, trespass and invasion of estate property”. No effort is made in the pleadings to relate this assertion to subsequent facts, giving rise to a cause of action, although the trust is referenced further.

[11] Paragraphs 8 and 9 of the notice of civil claim in action S135934 make some assertions that the notice of civil claim accomplishes certain results, such as authorizing others to do certain things, including the Canada Revenue Agency, the various defendants before this court and even the court itself. Statements in a notice of civil claim can do no such thing.

[12] Several paragraphs then review matters relating to the attempt by the plaintiff to obtain a birth certificate and then says “The grantor gives notice under a moral claim that all legal title and equitable title for Jamuna Moor and all derivatives not limiting middle names are the property of the Bernard Yankson Trust - T3 4141 85, which was already provide to the Ministry under the attachments issued to the Ministry of Health…” The notice of civil claim then says that this statement “…satisfies section 8 of the Escheats Act of British Columbia and the deliberate tort against the grantor (s) administration to account for (personal), equitable, and moral property is listed under the liability of the provisions of the Bernard Yankson Trust (estate)”.

[13] The pleadings are almost bereft of factual assertions. There are two paragraphs, paragraphs 31 and 32, which name the City of Vancouver. Paragraph 31 appears to recite part of the 1953 printing of the Vancouver Charter. Paragraph 32 then says that “…the City of Vancouver is complicit and party to the derogation of personal property rights of all people under trover and conversion and have NOT provided sufficient information or education to the (“taxpayers”) people about their right of free association under Article 2(d) of the Supreme Law of the land”. There are no facts asserted as to how this has come about.

[14] The plaintiff then seeks relief in the form of monetary damages for $50,000,000 for various torts including “peonage, slavery, and trafficking in persons”, “trover and conversion”, “fraud”, “perjury”, “intimidation” etc. There are no facts pleaded, however, that are capable of giving rise to any of these extravagant assertions. The plaintiff asserts in argument that materials have been delivered to Buckingham Palace but does not relate this to how he might succeed in these actions.

[15] The pleadings in action S135307 are of the same form and character, so I will not repeat them here, except in one respect. In this action, the plaintiff claims as part of his relief, judgment in another matter, action S099298. Action S135307 is not capable of bringing about this relief.

[16] I have considered whether these pleadings, by amendment, might somehow be saved in whole or in part. In my view they cannot. In the result, I strike the plaintiff’s pleadings in both actions and dismiss these claims. In the result, it is unnecessary to consider the plaintiffs application for summary judgment in action S135307.

IV. Vexatious Litigant

[17] The defendants led by the Attorney General of British Columbia argue that the materials filed by the plaintiff and attached to his notice of civil claim bear the hallmarks of what Rooke A.C.J. called an “organized pseudolegal commercial argument” which is not capable of success and has been characterized as “an affront to the dignity of the court” and “gibberish”: see Meads v. Meads, 2012 ABQB 571, at para. 165 and 191. As such, the defendants say the plaintiff should be declared a vexatious litigant.

[18] The requirements for finding a person to be a vexatious litigant are set out in section 18 of the Supreme Court Act:

Vexatious proceedings

18 If, on application by any person, the court is satisfied that a person has habitually, persistently and without reasonable grounds, instituted vexatious legal proceedings in the Supreme Court or in the Provincial Court against the same or different persons, the court may, after hearing that person or giving him or her an opportunity to be heard, order that a legal proceeding must not, without leave of the court, be instituted by that person in any court.

[19] A finding that a person is a vexatious litigant does not bar that person from using the court process. Rather, before embarking on a court action, the prospective litigant must obtain leave of the court before commencing proceedings.

[20] In this case the plaintiff is a party to five different actions. In one action he was a defendant in an action brought in debt. He is a plaintiff in two actions brought against the Vancouver Police Department. He is the plaintiff in these two actions, brought against the Attorney General of British Columbia, the Attorney General of Canada, the Lieutenant Governor of British Columbia, Her Majesty the Queen, and entity called the “Crown Corporation of Canada”, the Solicitor General of British Columbia, the Premier of British Columbia, the City of Vancouver, and the Minister of Health.

[21] In my opinion, in reviewing the applications in this matter, the two proceedings before me and the pleadings and positions taken in the CIBC action, the plaintiff has commenced or defended actions with no prospect for success. He has also pled for relief that no reasonable person could reasonably hope to obtain. He has sought relief against persons without relating those claims to the persons named as defendants. The plaintiff has rolled forward, by repetition and supplementation, claims for relief referable to other proceedings. The pleadings in these two actions are, while mostly impenetrable, repetitive in their prolixity. In action S135934, for example, the notice of civil claim runs to 78 paragraphs, all of which are similar to what I have referenced earlier here. There are, I am advised, outstanding orders for costs against the litigant.

[22] I am cognizant that the power to order that a person must seek leave before becoming a litigant is a drastic measure that should be exercised with caution: see Koyama v. Leigh, 2001 BCSC 164. That said, I am satisfied that the plaintiff has been shown to be a vexatious litigant, and that any future proceedings should only be instituted by him upon further order of this court. The plaintiff then, is declared a vexatious litigant.

V. Orders
[23] The plaintiff’s actions are dismissed. The plaintiff is declared to be a vexatious litigant. No action may be commenced by him in this court without leave of the court.

[SUBMISSIONS]

[24] I dispense with the plaintiff having to approve the form of order. We are adjourned.

“The Honourable Mr. Justice Savage

[The Observer]

The plaintiff is declared to be a vexatious litigant.

A bad sign that the court did not declare him to be a dead vexatious litigant. That pretty much ends any chance of Yankson declaring a moral victory.

[AndyK]

The Honorable Justice Savage.

Say no more

[Hilfskreuzer Möwe]

Thanks for posting that Burnaby49 - that was tasty!

I popped by Bernie's to see if he had anything new to say. There's lots of new stuff there - for example, I had no idea Beethoven was black! Learn something new every day. One oddity I noted is I am fairly certain Bernie expanded his prior commentary about this Quatloos message thread - this was the Oct. 17, 2013 message (http://consultforlife.wordpress.com/201 ... -property/), linked earlier.

It hasn't become any more flattering, sad to say. I think at least these three bits are new:

and that was it as the opinion verdict came in and good enough for the case and all the witnesses there, most i have no idea who they were or even how hey came to hear about the case. the trolls on the other hand, (well, theres NOT much to say about trolls), just check out there site… they think they know me or have the right to talk “s---”about me behind their facade. really? you wanna talk “s---” about me behind your front? all you cowards are trolls and trolls are cowards. you look very professional inviting public officials on your trash site to slander people.., that gives you a lot of credibility, you cowards. keep watching star trek with your ripped off name from the series.

too bad you don’t know me but you wish you did! What IS it? (ITS NOT FOR TROLLS!) of course I read you screed, too bad your poem sucks and your sense of humour is typical of your racist clique. im NOT the one, hater, dont p--- me off…you have NO idea who i am and/or how i get down. i do what i want in good standing. you got a problem with me? come to my face and start s---, all you cowards with your goof-off names and your trash services to the constitution. its too bad you all hate the constitution and the supreme law of the land – “constitution act of 1982″.

PS: the tax office is processing all the cases. (so go and cry about that and post this on your hand-job website.) ”love” how all you typical racists leave out the evidence i post here and “love” that vexation order that came, was signed by judge, NOT!

[Trollish redactions to meet community standards.]

For the record I do not watch Star Trek; when it comes to space opera I'm more of a Futurama fan. And I'm genuinely sorry Bernie didn't like the Flintstones pastiche.

Maybe he will like this better.

Bernieyanksonias!
by some banana freighter,
with inspiration by Percy Bysshe Shelley:

I met a lurker from the Quatloos website
Who said: a host of broken links
are in this forum. Near them, in this blight,
Half sunk, a shattered lawsuit lies, whose quotes,
Claim slavery, piracy, a sorrowful plight,
Tells that Justice Savage well those concepts wrote,
The lawsuit and Plaintiff, both dead alright:
And on the banner these words appear:
“My name is Bernieyanksonias, Moor of moors:
Look on my writs, ye Attorneys, and despair!”
Nothing remains. Though there are costs to pay
A colossal wreck, a vexation to all
These actions quiet, the tale fades to grey.

SMS Möwe

[Burnaby49]

Well he certainly hasn't anything good to say about me. I assume I'm the target of this one;

and that was it as the opinion verdict came in and good enough for the case and all the witnesses there, most i have no idea who they were or even how hey came to hear about the case. the trolls on the other hand, (well, theres NOT much to say about trolls), just check out there site… they think they know me or have the right to talk “s---”about me behind their facade. really? you wanna talk “s---” about me behind your front? all you cowards are trolls and trolls are cowards. you look very professional inviting public officials on your trash site to slander people.., that gives you a lot of credibility, you cowards. keep watching star trek with your ripped off name from the series.

I thought you Flintstone parody quite expressive of the situation but you reached a new peak with your blatant Ozymandia rip-off. At least you worked from the framework of a master. I compared it to the original, you kept the spirit of it.

I wait with high anticipation for Bernard's victory now that "the tax office is processing all the cases". The CRA is pretty slow so Benard might have a bit of a wait to get his trust cashed out.

I too am a huge Futurama fan. I have the entire series on DVD and I burned them very high-quality to my computer hard drive so that when my wife is asleep I can open a bottle of wine, clamp on the headset, and watch the Professor in action! Good News Everybody!

[Burnaby49]

By the way Bernard posted this;

too bad you don’t know me but you wish you did! What IS it? (ITS NOT FOR TROLLS!) of course I read you screed, too bad your poem sucks and your sense of humour is typical of your racist clique. im NOT the one, hater, dont p--- me off…you have NO idea who i am and/or how i get down. i do what i want in good standing. you got a problem with me? come to my face and start s---, all you cowards with your goof-off names and your trash services to the constitution. its too bad you all hate the constitution and the supreme law of the land – “constitution act of 1982″.

I suppose on the basis that he is black and therefore any negative comment about him is therefore automatically racist. Please note that there has been nothing posted on this discussion thread that discusses or even mentions Bernard's race apart from noting his complaints and lawsuits respecting his claimed racial profiling and his own comments. I certainly didn't bring it up. I suppose there is some comfort in blaming the racist system for your loss on a totally gibberish lawsuit rather than facing that you lost the case on its merits.

[grixit]

I popped by Bernie's to see if he had anything new to say. There's lots of new stuff there - for example, I had no idea Beethoven was black!

Well from the late Renaissance through the end of the Baroque era, who can tell the true ethnicity of any fashionable european, being as they each had a quarter inch of powder on their faces. Don't you know the original reason for the Heidelberg dueling scar was to prove you were not a shape shifting lizard? Read your Illuminati handbooks, people!

[Kestrel]

It hasn't become any more flattering, sad to say. I think at least these three bits are new:

and that was it as the opinion verdict came in and good enough for the case and all the witnesses there, most i have no idea who they were or even how hey came to hear about the case. the trolls on the other hand, (well, theres NOT much to say about trolls), just check out there site… they think they know me or have the right to talk “s---”about me behind their facade. really? you wanna talk “s---” about me behind your front? all you cowards are trolls and trolls are cowards. you look very professional inviting public officials on your trash site to slander people.., that gives you a lot of credibility, you cowards. keep watching star trek with your ripped off name from the series.

too bad you don’t know me but you wish you did! What IS it? (ITS NOT FOR TROLLS!) of course I read you screed, too bad your poem sucks and your sense of humour is typical of your racist clique. im NOT the one, hater, dont p--- me off…you have NO idea who i am and/or how i get down. i do what i want in good standing. you got a problem with me? come to my face and start s---, all you cowards with your goof-off names and your trash services to the constitution. its too bad you all hate the constitution and the supreme law of the land – “constitution act of 1982″.

PS: the tax office is processing all the cases. (so go and cry about that and post this on your hand-job website.) ”love” how all you typical racists leave out the evidence i post here and “love” that vexation order that came, was signed by judge, NOT!

[Trollish redactions to meet community standards.]

Half a million words in the English language, at least 25,000 of them profane or insulting, and this is the best he could do?

Maybe he will like this better.

Bernieyanksonias!
by some banana freighter,
with inspiration by Percy Bysshe Shelley:

I met a lurker from the Quatloos website
Who said: a host of broken links
are in this forum. Near them, in this blight,
Half sunk, a shattered lawsuit lies, whose quotes,
Claim slavery, piracy, a sorrowful plight,
Tells that Justice Savage well those concepts wrote,
The lawsuit and Plaintiff, both dead alright:
And on the banner these words appear:
“My name is Bernieyanksonias, Moor of moors:
Look on my writs, ye Attorneys, and despair!”
Nothing remains. Though there are costs to pay
A colossal wreck, a vexation to all
These actions quiet, the tale fades to grey.

SMS Möwe

Now you're giving him too much credit. He probably wouldn't even recognize the source. Ozymandias created a legacy impressive enough to have us contemplating the remnant three millenia afterwards. Bernie attempt is disintegrating in his own lifetime.

[Cathulhu]

Look upon my works, ye mighty, and scratch your heads.

[The Observer]

Bernieyanksonias!

Heavens! The emergence of the Pirate Laureate!

[Burnaby49]

A fan's request for Mowe. Next time you do a poetry parody use this one as your target, courtesy of Walt Kelly;

Deck us all with Boston Charlie,
Walla Walla, Wash., an' Kalamazoo!
Nora's freezin' on the trolley,
Swaller dollar cauliflower alley-garoo!

Don't we know archaic barrel
Lullaby Lilla Boy, Louisville Lou?
Trolley Molly don't love Harold,
Boola boola Pensacoola hullabaloo!

Bark us all bow-wows of folly,
Polly wolly cracker 'n' too-da-loo!
Donkey Bonny brays a carol,
Antelope Cantaloupe, 'lope with you!

I always thought "Trolley Molly don't love Harold" one of the most poignant lines ever put to paper.

[notorial dissent]

Poor Bernie, chief fool in his own fool's kingdom.

Inarticulate, repetitive, repetitively profane, and boring all at the same time. Imagine that!!

If Bernie doesn't like being made fun of, then he should quit with the childish temper tantrums and public acting out. If he doesn't like being mocked he shouldn't put his foolishness out where it can be seen.

It may come as a shock to Bernie's system to find out that most people don't give a rat's hiney about his race, whatever it is, or his other delusions, but that they do object to his boorish and infantile behavior which is getting tiresome, and interfering in other people's lives..

[Hilfskreuzer Möwe]

Burnaby49 - thank you for the kind words and I'll see what I can do with your suggested precursor for mutation.

grixit: I'm pretty sure I saw Chief :Nanya-Shaabu: El: make a parallel claim about Queen Elizabeth II - so apparently powder applications continue to be generous to this very day.

kestral: ... but ... but ... Bernie is a classically trained scholar with a bachelor of fine arts degree from the Alberta College of Art and Design! I read it on a CV he has since deleted. Oh, he gets it all right ... it's just us who don't get him.

Yeah, I'm of course less than thrilled to see that's where my tax dollars went. Pretty sure I recall somewhere in his previous morass of documents there was an indication that he's not paying his student loan.

Cathulhu: that was simply lovely.

SMS Möwe

[Kestrel]

The poetic parody was inspired, an erudite work of genius.

I'm just having a bit of trouble grasping Bernie's ability to comprehend the poetic irony, given the philistine nature of his response to Q. I recently watched a few episodes of some program depicting life in SuperMax prisons, and the spew I heard coming from those inmates was somewhat more comprehensible than Bernie's.

[grixit]

Bernieyanksonias!

Heavens! The emergence of the Pirate Laureate!

Great title-- seconded!