Following a bus drivers' strike, the appellant sought authorization to bring a class action against the transit commission for a refund of bus passes and damages.
The Superior Court authorized the action, but the Court of Appeal reversed.
The Supreme Court of Canada allowed the appeal, holding that under art. 1003(b) of the Code of Civil Procedure, the facts alleged need only show a 'colour of right' to justify the conclusions sought, rather than requiring a determination on the merits in law.
The Court also found that the transit commission had a legal obligation of conveyance to users under art. 1673 of the Civil Code, and that commencing the suit constituted putting the respondent in default.
