The applicants, a registered political party and its fund, sought judicial review of the Chief Electoral Officer's decision refusing to pay them three quarterly per-vote subsidies following the 2022 provincial election.
The applicants sought an order of mandamus compelling payment or, alternatively, a finding that the decision was unreasonable.
The Divisional Court held that the CEO had rendered a reviewable decision involving statutory interpretation, making mandamus unavailable.
Applying a reasonableness standard, the Court found the CEO's interpretation of the Election Finances Act—that the party was ineligible for the payments based on the 2021 amendments—was reasonable.
The application was dismissed.
