The appellant sought authorization to institute a class action on behalf of buyers who purchased lots from the respondent, arguing that the Act to preserve agricultural land prevented the respondent from conveying ownership.
The Superior Court dismissed the motion, finding the facts did not justify the conclusions sought, and the Court of Appeal affirmed.
The Supreme Court of Canada allowed the appeal, applying its concurrent decision in Venne v. Quebec, and held that the facts alleged did seem to justify the conclusions sought, referring the matter back to the Superior Court to assess the remaining criteria for a class action.
