Page:Rene Joly v Pelletier and others.pdf/2

 [para9] The authorities relied upon by the moving parties are well known. On a motion to strike out a pleading, the Court must accept the facts as alleged in the Statement of Claim as proven unless they are patently ridiculous and incapable of proof and must read the Statement of Claim generously with allowance for inadequacies due to drafting deficiencies. See Nash v. The Queen in Right of Ontario (1995), 27 O.R. (3d) 1 (C.A.). Perhaps the leading case is that of Carey Canada Inc. v. Hunt et al. (1009) 74 D.L.R. (4) 321 (S.C.C) in which the test in Canada is described as assuming that the facts as stated in the Statement of Claim can be proved, the Court must be satisfied that it is "plain and obvious" that the plaintiffs statement of claim discloses no reasonable cause of action.

[para10] Concerning rule 25.11, the Court will dismiss or stay an action as being frivolous, vexatious or abusive only in the clearest cases where it is plain and obvious the case cannot succeed. The decision in Steiner v. Canada [1996] F.C.J. No.1 1356 (Fed. T.D.) makes it clear that if a pleading does not present a rational argument, either on the evidence or in law, in support of the claim, and casts unreasonable aspersions is frivolous.

[para11] In my opinion there are at lease two reasons why the two Statements of Claim in question ought to be struck and the actions dismissed.


 * 1) Neither pleading discloses a cause of action. While conspiracy to do harm to someone is the basis of many actions in this Court there is a fundamental ﬂaw in the position of Mr. Joly. 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.
 * 2) In respect to the motions brought under rule 25.11 I am of the view that the test has been passed in the circumstances of this case. In other words, I am satisfied that the claims are frivolous and vexatious and constitute an abuse of the process of this Court. In addition to the fact that the tort of conspiracy has not been remotely properly pleaded, no damages have been claimed and many of the defendants are not even legal entities capable of being sued. More importantly, with all respect to Mr. Joly and his perception of reality, these actions are patently ridiculous and should not be allowed to continue as they utilize scarce public resources not to mention the time and money of the numerous defendants who have been forced to defend these actions.

[para12] In the circumstances I have come to the conclusion that the moving parties are entitled to the relief requested. The Statements of Claim in both actions are struck and the actions are dismissed.