In 1933, Annie Noble had purchased a lot for a cottage in the Beach O'Pines area on Lake Huron. She decided in 1948 to sell the lot to Bernie Wolf, however, it was noticed that the original deed contained the following clause:
Though Wolf was Jewish, Noble still wanted to sell him the land and so they applied to the court to get the covenant nullified, but faced opposition from the "Pines" community.
Noble and Wolf argued that the recent decision of Re Drummond Wren, where the Ontario Court struct down a discriminatory covenant. However, At trial and on appeal the courts upheld the restriction.
The Supreme Court, in a six to one ruling, held that the conventant was invalid. They agreed with the lower court's dismissal of Drummond Wren and instead looked at the law of restrictive covenants and held that the language used in the restriction on alienation was too uncertain.