The appellant sought to certify a class action on behalf of 30,000 residents complaining of noise and physical pollution from a landfill owned by the respondent city.
The Supreme Court of Canada held that while the appellant established an identifiable class and common issues, he failed to demonstrate that a class action was the preferable procedure for resolving the claims.
The Court found that the common issues were negligible compared to the individual issues, and that alternative avenues of redress, such as a Small Claims Trust Fund, were available.
The appeal was dismissed.
