Date: Tue, 27 Mar 2007 02:29

From: David Cheifetz

Subject: John Murphy and more on animals

On the lighter side of things, Vaughan would be safe in Ontario from suit at the instance of the non-human.

Joly v Pelletier [1999] O.J. No. 1728 [QL], 1999 CarswellOnt 1587 (Ont. S.C.J.) (non-human clone, being neither a human being nor a corporation, does not a qualifying as person under Ontario Rules of Civil procedure defining who has status to sue).

DC

-----Original Message-----
From: Neil Foster
Sent: March 26, 2007 8:38 PM
To: Vaughan Black
Subject: Re: ODG: John Murphy and more on animals

Dear Vaughan et al

I certainly wouldn't disagree with this, though off the top of my head I can't think of any cases that support it. Certainly seems easier than cases where the plaintiff in an emergency has to choose between putting different people in danger - apart from the old standby of Dudley (no defence of necessity for cannibalism) are there any other cases where the question has come up of whether it is negligent to prefer the safety of one's own family, say, as against the safety of a stranger?

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