The respondents sought to bring a class action on behalf of all purchasers of 1971 and 1972 Firenza motor vehicles in Ontario, claiming damages for breach of warranty.
The appellant applied to strike out the statement of claim as disclosing no reasonable cause of action under Rule 75 of the Ontario Rules of Practice.
The Supreme Court of Canada held that the action could not proceed as a class action because the members of the proposed class did not have the 'same interest' within the meaning of Rule 75, given the varying contractual arrangements and the need for individual damage assessments.
The appeal was allowed and the action was directed to proceed as a joined action by the named plaintiffs.
