Talk:Joly v Pelletier

Latest comment: 7 years ago by Patar knight in topic Untitled

Untitled edit

I've been searching Canl2 for this case, but can't find it. If anyone else is really interested and can find it, then this article should stay. Otherwise, it was probably just a hoax claim from a rogue lawyer ("David Cheifetz"). --Otheus 10:16, 17 March 2007 (UTC)Reply

The defense lawyer (Cheiftez) attached a copy of the judgement! Unfortunately, there's this stub at the end of the email:

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He cites case [1999] O.J. No. 1728 [QL], 1999 CarswellOnt 1587, 1999 WL 33187845 (Ont. S.C.J.). It is copyrighted by CARSWELL, which I supposed is a legal database of some sort. --Otheus 14:59, 17 March 2007 (UTC)Reply


      • Editorial Addition : My recent research has shown this 'case' to have been created wholesale out of false information. Records of the Ontario Superior Court of Justice [1] have no reference to this supposed judge; Court records for that time have no such case [2]; and the 'docket-numbers' are equally falsified, as any simple on-line search can show [3]. The 'legal-reference' pdf is a poorly-made unofficial forgery, and the 'newspaper' reference is merely a link to a tertiary location with no verifiable connection to the actual publication mentioned[4]. To top it off, the Court location of Carswell, Ontario, does not actually exist. "Carswell" is a publication-company of legal-reference texts, located in Toronto. That said, the originator of this 'joke'-entry has devalued Wikipedia and insulted Ontarians, Canadians, and all Wikipedia followers. It is a HOAX. I have yet to verify Mr Wallechinsky's "Book of Lists" to see if this author was equally taken-in.*** — Preceding unsigned comment added by ‎Misha Borealis (talkcontribs) 16:28, September 2, 2016 (UTC)
I found a mention here in this test from the University of British Columbia Faculty of Law on page 9 as Joly v. Pelletier, 1999 (striking pleadings), p. 158.--Auric talk 22:11, 2 September 2016 (UTC)Reply

Also there does appear to be a Gloria J. Epstein, though I cannot confirm if she is the judge mentioned.--Auric talk 22:24, 2 September 2016 (UTC)Reply

This is definitely a real case, and I can confirm that it's in both the Westlaw and Lexis Advance Quicklaw databases. It's cited approvingly in this 2013 Alberta Court of Queen's Bench case (Para. 61) by the learned judge. Justice Epstein isn't on that page because she is still an active supernumerary judge on the Ontario Court of Appeal. Online decisions of cases are generally notoriously incomplete, especially for old cases and for cases dealt with at the level of the Ontario Superior Court of Justice. The .pdf is unofficial, but it does seem to be prima facie, a faithful reproduction. You're correct to say that Carswell is a legal reference publisher, because that's what CarswellOntario is referring to: presumably the Carswell publication that publishes Ontario decisions. This is analogous to how "Ontario Reports" is a publication and not a place called Ontario Reports, Ontario with a court. ---- Patar knight - chat/contributions 05:44, 24 November 2016 (UTC)Reply

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