Page:Rene Joly v Pelletier and others.pdf/1

 Rene Joly v. Pelletier and others. [1999] O.J. No. 1721; [QL], 1999 CarswellOnt 1587, 1999 WL 33187845 (Carswell) (Ontario Superior Court of Justice, Court File Nos. 99-CV-166273 and 99-CV-l67339, May 16, 1999)

[para1] EPSTEIN J.--This endorsement relates to a series of motions brought on behalf of a number of the defendants in two related actions commenced in this Court by the plaintiff, Rene Joly. The moving parties seek orders striking out the Statements of Claim and thereby dismissing the actions on the grounds thar the pleadings disclose no cause of action (rule 21.01(3)(b)) or are frivolous or vexatious or an abuse of the process of the Court (rule 25.11).

[para2] Mr. Joly's claims in these two actions, and in several others not currently before me, all centre on his firm assertion that he is not a human being; rather a martian. As I understand them, the nature of his complaints against the numerous defendants who include a number of doctors, medical facilities and government agencies is that they have conspired with the American government in its attempts to eliminate him and have otherwise taken various steps to interfere with his ability to establish himself and live freely as a martian.

[para3] As indicated, there are two actions before me. At the beginning of the hearing Mr. Joly advised me that he has recently commenced a third action against, among others, the Central intelligence Agency, President Clinton and the Honourable Anne McClellan for interfering with his D.N.A. test results that prove that he is, in fact, not human.

[para4] Given the related issues in the three actions brought in this Court, I ordered that the three proceedings be consolidated. All parties consented to this order. An order will issue to this effect. Unfortunately, I failed to note the action number of the third action affected by this order.

[para5] As another preliminary matter, I should indicate that given the unusual nature of the plaintiff's claims, a discussion took place at the beginning of argument as to whether I should order that a hearing be conducted pursuant to the provisions of rule 7 of the Rules of Civil procedure for a determination as to whether the plaintiff was in a position properly to represent his interests on the motions or whether a litigation guardian should be appointed. As a result of this issue having been raised, I arranged for a reporter to record the proceedings and the plaintiff agreed to testify under oath and answer certain questions posed by Mr. Novak, counsel who appeared on behalf or a number or the defendants. At the conclusion of this form of hearing and having considered the submissions made, I determined that there was no reason to delay the argument or the motions. 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. There was nothing before me, other than the uniqueness of the pleadings in question, for me, on my own volition, to adjourn, pending a hearing to determine if Mr. Joly is under some form of disability. This observation, the fact that no one was really urging me to adjourn and the costs to all concerned of having these proceedings protracted, factored into my decision to proceed.

[para6] Finally, I add that at the request of the parties, leave was granted to adduce evidence at the hearing. Both Mr. Novak and Mr. Joly presented evidence to the Court in support of their submissions.

[para7] The crux of the various arguments advanced orally and in the written material is that Mr Joly's claims disclose no cause or action and are otherwise frivolous, vexatious and an abuse or the process of the Court. It was also argued that the tort or conspiracy was not properly pleaded and that no damages have been identified or claimed. It was further pointed out that several of the defendants are not legal entities and are not capable of being sued.

[para8] Mr. Joly, in a well prepared, thoughtful argument submitted that he had evidence of falsification of records and related wrongdoing. On the pivotal point of Mr Joly's being in fact a martian Mr. Joly advised me that the only reason he was not now able to satisfy the Court that he is a martian, not a human, is due to the falsification of his D.N.A. test results by the Americans.