The appellants appealed a decision striking out their statement of claim, which sought a declaration that various federal and provincial statutes were unconstitutional.
The Supreme Court of Canada allowed the appeal, holding that the test for striking out a statement of claim was not met, as the outcome was not 'plain and obvious' or 'beyond doubt'.
The Court found that the issues regarding the interpretation of the Manitoba Act, 1870 and the Constitution Act, 1871 were better determined at trial with a proper factual base, and that the subject matter was justiciable.
