Application contesting federal election results untimely

Federal appeal | Elections


Application contesting federal election results untimely

Appellant contested May 2011 federal election results in riding of Guelph, Ont. Respondent brought motion for summary dismissal. Prothonotary’s September 2013 decision dismissed appellant’s application under s. 524 of Canada Elections Act. Appellant could not establish that voter suppression efforts impacted outcome or integrity of election. Application was untimely under s. 527 of act. April 2014 decision dismissed appeal from September 2013 decision. Appeal was untimely. Appellant appealed April 2014 decision. Appeal dismissed. Appellant should have known about activity underlying application by March 29, 2012. Chief electoral officer’s testimony then entered public domain. That appellant did not actually know information because on remote island on that date did not require different result. Application was not commenced until June 26, 2012, beyond 30-day time limit under act.
Klevering v. Canada (Attorney General) (Jun. 23, 2015, F.C.A., C. Michael Ryer J.A., Wyman W. Webb J.A., and Donald J. Rennie J.A., File No. A-232-14) 256 A.C.W.S. (3d) 114.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Downey slams Purdue Pharma for not including Canadian claims

U of T's Anita Anand awarded medal by Royal Society of Canada

How criminal lawyers make referrals

Man discharged from his fourth bankruptcy

Most Read Articles

Chasm in opinions remains after statement of principles repeal

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Man discharged from his fourth bankruptcy