The applicants brought an application alleging that the provincial and federal governments breached ss. 7 and 15 of the Charter by making decisions and implementing program changes which eroded access to affordable housing.
The respondents brought motions to dismiss the application on the grounds that it did not disclose a reasonable cause of action and that the issues raised were not justiciable.
The court granted the motions and dismissed the application, finding that s. 7 does not impose a positive obligation on the state to provide affordable housing, and the impugned decisions did not deny the applicants a benefit given to others under s. 15.
The court also held that the issues raised were not justiciable as they involved broad policy choices.
