Jim Mirkalami Update 2: Small Claims Court $10000

When I got Jim’s initial threat, I naturally treated it with the seriousness it deserved. After careful consultation with my army of high priced lawyers, I replied:

Thanks for your interest in my blog.

Unfortunately, I get so much fan mail that I cannot respond to all of it personally, but rest assured that I do read and appreciate all of it.

Cheers,

Luke Welling.

I am kind of flattered that he thinks this blog is important enough to waste $75 filing a Small Claims Court Complaint in Ontario.

I am pretty sure emailing me a blurry PDF does not count as serving me with the document, but what I know about Canadian law would fill a very short book. I guess I will need to read up on it one evening. I am still not sure any amount of reading will find a Canadian law matching the complaint “Un-authorized[sic] publication of my personal name (un-konwingly[sic] at first knowingley[sic] and willingly after) cuasing[sic] seriouse[sic] damage to my reputation”.

I do hope he is also suing the schizophrenic, voice hearing brother for the initial unauthorized use of his name. If me using it once is worth $10000 worth of reputation, then the brother plastering it all over the internet must be getting a huge bill.

When I am served properly, I guess I will have to reply. Until then, here is the blurry PDF of the complaint. It looks real enough to me, but I suspect the court might have more luck communicating with me if he included a country in my address.

47 Responses to “Jim Mirkalami Update 2: Small Claims Court $10000”

  1. Henrik Sarvell Says:

    This is total bullshit, it’s just part of this con artist’s online spam campaign to clear his name. You, Jim Mirkalami are a fraud and a scam and I hope Heritage Auctioneers will never hold another auction.

    I wonder what Canadian law says about anti-spam comments left on blogs!

    Anyway, keep it up Luke, I like your writing. You, Tchay and Zed are my favorites.

  2. Draicone Says:

    “[…] but I suspect the court might have more luck communicating with me if he included a country in my address.”

    Nice.

  3. Paul Says:

    Yeah, I am pretty sure that emailing a PDF of the claim doesn’t count as service under Rule 8.02.

    His 8A Affidavit of Service should be interesting - “I swear that I put the dokument in a scanner thing and then posted it via the intertubes to Mr Welling. Sorry I can’t be more specific, I am not very internet savey”.

    Further, his 11A Affidavit of Jurisdiction is going to be even more interesting - the issue of where something published on the internet “takes place” for jurisdictional purposes is very complex - I can’t wait to see the Ontario Small Claims Court grapple with that one - assisted by Mr Mirkalami QC of course.

    Unfortunately, he may eventually serve you properly, and then you will have to deal with it. Of course, you could take a trip to Canada, win, then get costs for disbursments under R19.01, inconvenience under R19.05 plus a penalty against him under R19.06 for acting unreasonably.

    Or you could just ignore it - $10,000 Canadian dollars is only about $25 US dollars anyway isn’t it?

    Oh, and he supposedly lives on West Beaver Creek Road - are you sure this isn’t an elaborate April Fools joke?

  4. Sujoy Says:

    Hi Luke,

    I have also been one of those ‘lucky’ bloggers been followed by this fanboy Mirkalami. I did two posts on his actions. They are here and here.

    I am actually one who wants to avoid any kind of controversy or confusion or both. Lately he’s been mailing me saying that the usage of the name”Jim Mirkalami ” is totaly illegal, as he believes it’s a one in a zillion name. WTF?
    This is what he wrote in the mail.
    “Since there is only one (1) Jim Mirkalami in this universe and that is “I”, I do have exclusive right to this name and its use.”

    And this is why he wants to go on a rampage to sue us. ROTFL.

    I really want to publish all the emails, but I seriously would like to know if you are aware of its degree of “fakeness”. Coz, he seems to be quite regular in explaining his side of the story.

    Regards,
    Sujoy

  5. luke Says:

    Sujoy, I do understand why you would delete them. Not deleting them is going to cause me inconvenience.

    The thing with deleting information that has been available on the internet is that often other people have copies and caches that live on. Your deleted posts have been reposted by somebody here: http://fartego.blogspot.com/2008/04/story-of-jim-mirkalami-single-dad.html

  6. Christian Says:

    If I were you I would not try to cross the border to Canada anytime soon. ;-)

  7. Chris Hartjes Says:

    @Paul

    I used to work for a company that was located near West Beaver Creek Road up in Richmond Hill, Ontario. It’s for real…well, the address anyway.

  8. warmedfawn Says:

    Quoted from “Sujoy”

    I am actually one who wants to avoid any kind of controversy or confusion or both. Lately he’s been mailing me saying that the usage of the name”Jim Mirkalami ” is totaly illegal, as he believes it’s a one in a zillion name. WTF?
    This is what he wrote in the mail.
    “Since there is only one (1) Jim Mirkalami in this universe and that is “I”, I do have exclusive right to this name and its use.”

    Although he says he may have exclusive right to his name, its not the its trademarked now is it? nore would merely saying it be cause for a lawsuit nessisarily.

    *sigh* anyway goodluck

    :D

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