The Law Society of BC has indefinitely suspended Vancouver lawyer Naomi Arbabi following her high-profile trespassing claim against her neighbour that she said is based on “law of the land” and not codified law.
The society confirmed with Glacier Media that Arbabi received an interim suspension on Dec. 28, 2023, from an interim-action board, which determined “extraordinary action was necessary to protect the public.”
The suspension will last until the interim-action board’s order is rescinded or varied. Society spokesperson Christine Tam noted interim suspensions are rare.
While the society does not ordinarily make such interim decisions public, the suspension was reported by CBC, which had previously reported on Arbabi’s claim against neighbour Colleen McLelland.
The society did not specify why Arbabi was suspended but noted a society rule wherein such interim actions can be ordered against a lawyer who is “subject of an investigation or intended investigation.”
Arbabi filed her distinctive claim on Oct. 5, 2023 at the Supreme Court of B.C. While her name appears at the top of the claim, she refers to herself as “i, a woman.”
Arbabi took issue with a privacy screen that was allegedly erected on McLelland’s rooftop deck at 1092 West 8th Ave. just south of downtown Vancouver. The divider impeded what Arbabi described as “breathtaking views of the ocean, the mountains, the bridges, Stanley Park and more.”
Arbabi claimed McLelland committed trespassing resulting in loss of enjoyment and loss of value of her property. Arbabi’s claim seeks relief of $30,000 from the outset of the claim plus $1,000 for each day thereafter the divider remains up or “the trespass has been remedied in court.”
While seeking remedy in court, Arbabi took the position “this is a claim based on law of the land, and not a complaint based on legal codes acts or statutes.”
Her claim includes a signed notice to the court, which begins with a greeting “to the man or the woman, who at times acts as the clerk of the court.”
Arbabi stated she made many attempts to resolve the dispute before filing her notice of claim, however no solution was reached.
“This has led i, to now require a court of record to press a claim of trespass and to present i, before a man or woman who is competent of property and trespass law, there to keep the peace and put forward the orders of naomi arbabi court,” the notice states, in part.
“i will not be appearing or representing as a member of the bar association or under any surname or as a civilian, and i, will not diminish the status of i to any legal titles such as but not limited to lawyer, pro se, complainant, plaintiff or claimant.”
In response, McLelland asked a judge to toss the case, calling Arbabi’s claim “unnecessary, scandalous, frivolous or vexatious.”
Furthermore, in any event, McLelland stated that Arbabi’s claim ought to be directed at the strata corporation and under the Strata Property Act “to the extent that ground for relief may be arguable.”
McLelland noted in her application that the strata re-installed the divider after a previous one had been removed.
A judge has since reserved judgment on the application.
Arbabi declined to comment on the matter. Arbabi had been listed on Envision Law Group, a law firm that specializes in real estate and corporate law, however her profile no longer exists.
This article was updated on Jan. 3 reflecting Arbabi declined to comment on the suspension.
