The appellants, Orthodox Jews, set up succahs on the balconies of their co-owned property to fulfill a religious obligation during the festival of Succot.
The respondent syndicate of co-owners requested their removal, citing a declaration of co-ownership that prohibited constructions on balconies.
The Supreme Court of Canada held that the declaration infringed the appellants' freedom of religion under the Quebec Charter.
The Court established a subjective test for freedom of religion, requiring only that a claimant sincerely believe in a practice that has a nexus with religion.
The Court found that the impairment of the appellants' religious freedom was serious, while the intrusion on the respondent's property and security rights was minimal.
The Court also rejected the argument that the appellants had waived their religious rights by signing the declaration of co-ownership.
