Returning officer not required to advise appellant that letternot notice of appeal

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Returning officer not required to advise appellant that letternot notice of appeal

Appellant complained about voter eligibility and failures to produce proper identification. Appellant complained about nomination and eligibility of individual respondents to stand as candidates. Application for judicial review was dismissed because appellant had adequate and effective avenue of appealing to appeal arbitrator to redress returning officer’s ruling which appellant did not pursue. Appeal was dismissed. Returning officer was not under obligation to advise appellant that appellant’s letter was not notice of appeal and that appellant had not paid requisite fee. If returning officer misinterpreted or misapplied section of Election Code, appeal to appeal arbitrator would lie.

Orr v. Boucher (Apr. 17, 2012, F.C.A., Pelletier, Gauthier and Stratas JJ.A., File No. A-349-11) 216 A.C.W.S. (3d) 912 (6 pp.).

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