The Court struck down a provision requiring a political party to nominate 50 candidates before receiving certain benefits.

The court challenge originated after the 1993 general federal election when the CPC failed to field at least 50 candidates.

Under the then Canada Elections Act, which had been amended just prior to the 1993 vote by the former Conservative government of Brian Mulroney, a registered federal party that fails to run at least 50 candidates in a general election would not only be automatically de-registered but would also be stripped of its net assets which would then be turned over to the Government of Canada.

In 1999, Justice Anne Molloy of the Superior Court of Ontario (General Division) struck down many of the Act's provisions as unconstitutional, including the seizure of party assets and the non-refundability of candidate deposits for those failing to garner at least 15% of the vote in an election.

Figueroa, represented by Peter Rosenthal, then sought to appeal this judgment to the Supreme Court of Canada, arguing that the ruling of the Ontario Court of Appeal was flawed in interpreting the Charter of Rights and Freedoms, and that the 50-candidate rule did in fact constitute discrimination against smaller parties under the Charter.