''Joly v Pelletier'' is a 1999

Ontario Superior Court of Justice The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. ...

case that dealt with the requirements of legal standing and

vexatious litigants Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which ...

. The plaintiff, Rene Joly, filed a lawsuit in that was dismissed by Justice

Epstein The surname Epstein ( yi, עפּשטײן, Epshteyn) is one of the oldest Ashkenazi Jewish family names. It is probably derived from the German town of Eppstein, in Hesse; the place-name was probably derived from Gaulish ''apa'' ("water", in the sen ...

as frivolous or vexatious or an abuse of the process of the Court.

Lawsuits

Rulings

Joly's filed

suit A suit, lounge suit, or business suit is a set of clothes comprising a suit jacket and trousers of identical textiles worn with a collared dress shirt, necktie, and dress shoes. A skirt suit is similar, but with a matching skirt instead of tr ...

against the Canadian Government (specifically Art Eggleton),

Citibank Citibank, N. A. (N. A. stands for " National Association") is the primary U.S. banking subsidiary of financial services multinational Citigroup. Citibank was founded in 1812 as the City Bank of New York, and later became First National City ...

Shoppers Drug Mart Shoppers Drug Mart Inc. (named Pharmaprix in Quebec) is a Canadian retail pharmacy chain based in Toronto, Ontario. It has more than 1,300 stores in nine provinces and two territories. The company was founded by pharmacist Murray Koffler in 1962 ...

and many others. Joly even formally submitted a "well prepared, thoughtful" argument that his DNA tests, which would prove he was not human, had been falsified. Supposedly, he was cloned from debris found on Mars by NASA in the 1960s. Judge Epstein found no reason for Joly ''not'' to stand trial or to represent himself: :''I made the observation that in every respect Mr. Joly properly conducted himself before the Court. He presented himself as polite, articulate, intelligent and appeared to understand completely the issues before the Court and the consequences should I grant the relief sought.'' Thus, Judge Epstein proceeded with the case, and following a

motion In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and mea ...

filed by the defense, dismissed the case as frivolous and vexatious, explaining: :''Rule 1.03 defines plaintiff as "a person who commences an action". The New Shorter Oxford English Dictionary defines person as "an individual human being". Section 29 of the Interpretation Act provides that a person includes a corporation. It follows that if the plaintiff is not a person in that he is neither a human being nor a corporation, he cannot be a plaintiff as contemplated by the Rules of Civil Procedure. The entire basis of Mr. Joly's actions is that he is a martian, not a human being. There is certainly no suggestion that he is a corporation. I conclude therefore, that Mr. Joly, on his pleading as drafted, has no status before the Court.''

Lawsuits

Rulings

References

Further reading