This is an Ontario case in which the plaintiff, Mr. Joly, brought a litany of claims
against a litany of defendants - many of whom were not even legal entities capable
of being sued - alleging all manner of conspiracies and breaches of his rights for
failing to let him live freely as a Martian.
The defendants included doctors, medical facilities, and government agencies in
Ontario as well as the Central Intelligence Agency and President Bill Clinton in the
The plaintiff claimed that he was a martian, not a human, and that the only reason
he could not prove it to the court was because his DNA had been falsified by the
Several of the defendants brought a motion to strike out the claims and dismiss the
actions on the basis that the pleadings disclosed no cause of action or that they were
frivolous, vexatious, or an abuse of the process of the court.
The judge did, in fact, dismiss the actions, but I found the manner in which she did
so quite entertaining - i.e. the plaintiff claimed to be a martian, and accepting the
facts alleged in the claim as true (as required on this type of motion unless the facts
alleged are patently ridiculous and incapable of proof), she determined that as a
martian, he was not a human being, therefore not a "person" or a corporation, so he
had no standing to sue.
(She would also have dismissed the claims as frivolous, vexatious and an abuse of
process, as well as patently ridiculous, but it is the lack of standing part that I find
May 16, 1999