Vancouver lawyer ordered to pay neighbour nearly $30,000 in costs after “frivolous” lawsuit
The case of a suspended Vancouver lawyer who lost a “frivolous” lawsuit against her neighbour over a glass deck divider has come to a close with a hefty price tag. Naomi Arbabi, the lawyer in question, has been ordered to pay nearly $30,000 in costs to her neighbour, Colleen McLelland, after her lawsuit was dismissed earlier this year.
Arbabi had accused McLelland of trespassing by obstructing her mountain view with a privacy divider installed on McLelland’s rooftop deck. The judge dismissed the case in January, calling it “frivolous and vexatious” and ordered Arbabi to pay special costs as a punishment for her conduct.
Legal experts described the case as highly unusual, with one expert calling it “magical gibberish” and another noting that it bore similarities to claims made by fringe groups like Sovereign Citizens and Freemen on the Land.
McLelland’s lawyer, Greg Palm, expressed satisfaction with the outcome, stating that his client felt vindicated for being dragged through the proceedings. Arbabi, who resigned her law license in January, has the right to apply for a review of the registrar’s decision within 14 days.
Despite Arbabi’s denial of being an OPCA litigant, the judge found that her lawsuit exhibited many of the hallmarks of such claims. Arbabi’s legal approach, which she described as “law for mankind,” involved taking courses through a website called the Sovereign’s Way and viewing the legal system as a board game she chose not to play.
The case serves as a cautionary tale about the consequences of bringing frivolous lawsuits and the importance of upholding the rule of law in the legal profession. With the matter now settled, it marks the end of a bizarre and costly legal saga that has captured the attention of legal experts and the public alike.