The appellant sought authorization to bring a class action against the respondent for failing to deliver cutlery ordered from a newspaper advertisement.
The Superior Court allowed the motion, but the Court of Appeal reversed it, finding the appellant could not adequately represent the group.
The Supreme Court of Canada dismissed the appeal, holding that the motion for authorization must be dismissed because the conclusion sought—specific performance for delivery of an unascertained good (cutlery)—is unenforceable under the Code of Civil Procedure.
