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Vancouver lawyer suspended after accusations of pseudolegal ‘paper terrorism’ over neighbour’s deck

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A Vancouver lawyer accused of filing a groundless pseudolegal lawsuit against her neighbour over a glass deck divider has been banned from practising law in British Columbia while the province’s law society investigates a complaint.

Naomi Arbabi was temporarily suspended on Dec. 28 after an interim action board of the Law Society of B.C. “determined that extraordinary action was necessary to protect the public,” according to an email sent to CBC News on Tuesday.

“The suspension will last until the order is rescinded or varied,” the email read.

An interim action board, which is set up by the Law Society president, consists of three or more lawyers who may be appointed to investigate complaints against one of the society’s members.

The temporary ban is the latest development in a legal back-and-forth between Arbabi and her neighbour, Colleen McLelland, which began with accusations of trespassing on roof space and developed into what McLelland describes as a fight based on debunked, pseudolegal arguments.

In her lawsuit last October, Arbabi accused McLelland of trespassing by installing a privacy divider on her rooftop deck at their condo building in Vancouver’s Fairview neighbourhood.

Arbabi identified herself in the claim as “i, a woman” and said the case would be tried in the “naomi arbabi court.”

As part of her lawsuit, Arbabi said her claim was “based on law of the land, and not a complaint based on legal codes acts or statutes” and asked for compensation equal to $1,000 a day for every day the glass divider has been in place.

In November, McLelland went to B.C. Supreme Court to ask that Arbabi’s lawsuit be thrown out on the grounds that it was “scandalous, frivolous or vexatious.” McLelland also called on the court to refer a complaint against Arbabi to the Law Society.

The society did not comment further on the details of its investigation in its email Tuesday.

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.

“In dealing with Ms. Arbabi’s notice and claim, I truly feel a victim of paper terrorism and believe the public needs to be protected from such litigation tactics,” McLelland said during her November appearance in B.C. Supreme Court.

Master Susanna Hughes has not yet released her decision on McLelland’s application.

Lawyer says courts misunderstand ‘natural law’

In her submissions to the court, Arbabi denied any association with organized pseudolegal groups, but told the court, “I do think that our legal system has a lot of flaws.”

She argued that she was appearing in court as “a living, breathing, alive woman,” not a lawyer, and said she would refer to herself using a lowercase “i.”

“That i possess a licence to practice law in the legal jurisdiction of the province of British Columbia does not make i into a lawyer, the same way that having a driver’s licence to drive a motor vehicle does not make i into a driver,” Arbabi said.

The code of conduct for lawyers in B.C. requires them to encourage respect for the justice system, and says they should not weaken public confidence in legal institutions though irresponsible claims.

Arbabi and McLelland are neighbours in this condo building on Vancouver’s West Side. (Google Maps)

For her part, Arbabi claimed that Canadian judges who have ruled on OPCA litigants don’t really grasp the concepts of “natural law” and “trespass” that she bases her lawsuit on.

“Many courts, including the claimant, have trouble understanding what is often referred to as natural law. … Natural law — or as i call it, just law — is that which is so obvious that it is not required to be written down into an act or statute,” Arbabi said.

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.”

Arbabi alleged that trespass “bestows one a dishonourable status which i do not wish upon anyone,” and said she filed the lawsuit to give McLelland a chance to clear her name.

McLelland has argued that her strata was responsible for installing the divider after the previous one was removed without permission by another owner, and said B.C. law only allows lawsuits to be filed by or against strata corporations, not between individual owners.

Arbabi has denied that her claim has anything to do with the building’s strata corporation, which she said has “no standing, legally or lawfully.”

Arbabi said her case is based rather on an argument of proprietary estoppel, a legal concept based in English common law that protects people who have been negatively affected after relying on assurances related to land.

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.

In November, Arbabi agreed to meet with a CBC reporter to discuss her lawsuit, but upon arrival, declined to answer any questions. Instead, she read out a notice warning of consequences if a story were to be published without her consent.

“As such harm is a very grievous trespass, i, shall claim remedy in the amount of $500,000 for such trespass plus $5,000 a day for as long as the trespass continues,” the notice read.

 

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STD epidemic slows as new syphilis and gonorrhea cases fall in US

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NEW YORK (AP) — The U.S. syphilis epidemic slowed dramatically last year, gonorrhea cases fell and chlamydia cases remained below prepandemic levels, according to federal data released Tuesday.

The numbers represented some good news about sexually transmitted diseases, which experienced some alarming increases in past years due to declining condom use, inadequate sex education, and reduced testing and treatment when the COVID-19 pandemic hit.

Last year, cases of the most infectious stages of syphilis fell 10% from the year before — the first substantial decline in more than two decades. Gonorrhea cases dropped 7%, marking a second straight year of decline and bringing the number below what it was in 2019.

“I’m encouraged, and it’s been a long time since I felt that way” about the nation’s epidemic of sexually transmitted infections, said the CDC’s Dr. Jonathan Mermin. “Something is working.”

More than 2.4 million cases of syphilis, gonorrhea and chlamydia were diagnosed and reported last year — 1.6 million cases of chlamydia, 600,000 of gonorrhea, and more than 209,000 of syphilis.

Syphilis is a particular concern. For centuries, it was a common but feared infection that could deform the body and end in death. New cases plummeted in the U.S. starting in the 1940s when infection-fighting antibiotics became widely available, and they trended down for a half century after that. By 2002, however, cases began rising again, with men who have sex with other men being disproportionately affected.

The new report found cases of syphilis in their early, most infectious stages dropped 13% among gay and bisexual men. It was the first such drop since the agency began reporting data for that group in the mid-2000s.

However, there was a 12% increase in the rate of cases of unknown- or later-stage syphilis — a reflection of people infected years ago.

Cases of syphilis in newborns, passed on from infected mothers, also rose. There were nearly 4,000 cases, including 279 stillbirths and infant deaths.

“This means pregnant women are not being tested often enough,” said Dr. Jeffrey Klausner, a professor of medicine at the University of Southern California.

What caused some of the STD trends to improve? Several experts say one contributor is the growing use of an antibiotic as a “morning-after pill.” Studies have shown that taking doxycycline within 72 hours of unprotected sex cuts the risk of developing syphilis, gonorrhea and chlamydia.

In June, the CDC started recommending doxycycline as a morning-after pill, specifically for gay and bisexual men and transgender women who recently had an STD diagnosis. But health departments and organizations in some cities had been giving the pills to people for a couple years.

Some experts believe that the 2022 mpox outbreak — which mainly hit gay and bisexual men — may have had a lingering effect on sexual behavior in 2023, or at least on people’s willingness to get tested when strange sores appeared.

Another factor may have been an increase in the number of health workers testing people for infections, doing contact tracing and connecting people to treatment. Congress gave $1.2 billion to expand the workforce over five years, including $600 million to states, cities and territories that get STD prevention funding from CDC.

Last year had the “most activity with that funding throughout the U.S.,” said David Harvey, executive director of the National Coalition of STD Directors.

However, Congress ended the funds early as a part of last year’s debt ceiling deal, cutting off $400 million. Some people already have lost their jobs, said a spokeswoman for Harvey’s organization.

Still, Harvey said he had reasons for optimism, including the growing use of doxycycline and a push for at-home STD test kits.

Also, there are reasons to think the next presidential administration could get behind STD prevention. In 2019, then-President Donald Trump announced a campaign to “eliminate” the U.S. HIV epidemic by 2030. (Federal health officials later clarified that the actual goal was a huge reduction in new infections — fewer than 3,000 a year.)

There were nearly 32,000 new HIV infections in 2022, the CDC estimates. But a boost in public health funding for HIV could also also help bring down other sexually transmitted infections, experts said.

“When the government puts in resources, puts in money, we see declines in STDs,” Klausner said.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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World’s largest active volcano Mauna Loa showed telltale warning signs before erupting in 2022

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WASHINGTON (AP) — Scientists can’t know precisely when a volcano is about to erupt, but they can sometimes pick up telltale signs.

That happened two years ago with the world’s largest active volcano. About two months before Mauna Loa spewed rivers of glowing orange molten lava, geologists detected small earthquakes nearby and other signs, and they warned residents on Hawaii‘s Big Island.

Now a study of the volcano’s lava confirms their timeline for when the molten rock below was on the move.

“Volcanoes are tricky because we don’t get to watch directly what’s happening inside – we have to look for other signs,” said Erik Klemetti Gonzalez, a volcano expert at Denison University, who was not involved in the study.

Upswelling ground and increased earthquake activity near the volcano resulted from magma rising from lower levels of Earth’s crust to fill chambers beneath the volcano, said Kendra Lynn, a research geologist at the Hawaiian Volcano Observatory and co-author of a new study in Nature Communications.

When pressure was high enough, the magma broke through brittle surface rock and became lava – and the eruption began in late November 2022. Later, researchers collected samples of volcanic rock for analysis.

The chemical makeup of certain crystals within the lava indicated that around 70 days before the eruption, large quantities of molten rock had moved from around 1.9 miles (3 kilometers) to 3 miles (5 kilometers) under the summit to a mile (2 kilometers) or less beneath, the study found. This matched the timeline the geologists had observed with other signs.

The last time Mauna Loa erupted was in 1984. Most of the U.S. volcanoes that scientists consider to be active are found in Hawaii, Alaska and the West Coast.

Worldwide, around 585 volcanoes are considered active.

Scientists can’t predict eruptions, but they can make a “forecast,” said Ben Andrews, who heads the global volcano program at the Smithsonian Institution and who was not involved in the study.

Andrews compared volcano forecasts to weather forecasts – informed “probabilities” that an event will occur. And better data about the past behavior of specific volcanos can help researchers finetune forecasts of future activity, experts say.

(asterisk)We can look for similar patterns in the future and expect that there’s a higher probability of conditions for an eruption happening,” said Klemetti Gonzalez.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

The Canadian Press. All rights reserved.

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Waymo’s robotaxis now open to anyone who wants a driverless ride in Los Angeles

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Waymo on Tuesday opened its robotaxi service to anyone who wants a ride around Los Angeles, marking another milestone in the evolution of self-driving car technology since the company began as a secret project at Google 15 years ago.

The expansion comes eight months after Waymo began offering rides in Los Angeles to a limited group of passengers chosen from a waiting list that had ballooned to more than 300,000 people. Now, anyone with the Waymo One smartphone app will be able to request a ride around an 80-square-mile (129-square-kilometer) territory spanning the second largest U.S. city.

After Waymo received approval from California regulators to charge for rides 15 months ago, the company initially chose to launch its operations in San Francisco before offering a limited service in Los Angeles.

Before deciding to compete against conventional ride-hailing pioneers Uber and Lyft in California, Waymo unleashed its robotaxis in Phoenix in 2020 and has been steadily extending the reach of its service in that Arizona city ever since.

Driverless rides are proving to be more than just a novelty. Waymo says it now transports more than 50,000 weekly passengers in its robotaxis, a volume of business numbers that helped the company recently raise $5.6 billion from its corporate parent Alphabet and a list of other investors that included venture capital firm Andreesen Horowitz and financial management firm T. Rowe Price.

“Our service has matured quickly and our riders are embracing the many benefits of fully autonomous driving,” Waymo co-CEO Tekedra Mawakana said in a blog post.

Despite its inroads, Waymo is still believed to be losing money. Although Alphabet doesn’t disclose Waymo’s financial results, the robotaxi is a major part of an “Other Bets” division that had suffered an operating loss of $3.3 billion through the first nine months of this year, down from a setback of $4.2 billion at the same time last year.

But Waymo has come a long way since Google began working on self-driving cars in 2009 as part of project “Chauffeur.” Since its 2016 spinoff from Google, Waymo has established itself as the clear leader in a robotaxi industry that’s getting more congested.

Electric auto pioneer Tesla is aiming to launch a rival “Cybercab” service by 2026, although its CEO Elon Musk said he hopes the company can get the required regulatory clearances to operate in Texas and California by next year.

Tesla’s projected timeline for competing against Waymo has been met with skepticism because Musk has made unfulfilled promises about the company’s self-driving car technology for nearly a decade.

Meanwhile, Waymo’s robotaxis have driven more than 20 million fully autonomous miles and provided more than 2 million rides to passengers without encountering a serious accident that resulted in its operations being sidelined.

That safety record is a stark contrast to one of its early rivals, Cruise, a robotaxi service owned by General Motors. Cruise’s California license was suspended last year after one of its driverless cars in San Francisco dragged a jaywalking pedestrian who had been struck by a different car driven by a human.

Cruise is now trying to rebound by joining forces with Uber to make some of its services available next year in U.S. cities that still haven’t been announced. But Waymo also has forged a similar alliance with Uber to dispatch its robotaxi in Atlanta and Austin, Texas next year.

Another robotaxi service, Amazon’s Zoox, is hoping to begin offering driverless rides to the general public in Las Vegas at some point next year before also launching in San Francisco.

The Canadian Press. All rights reserved.

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