Hartley Lefton

The Ontario Court of Justice granted an application for a recount of votes in the electoral district of Mississauga–Erin Mills following Ontario’s 44th General Election held on February 27, 2025.

The applicants, including the Chief Electoral Officer and Returning Officer, sought the recount pursuant to sections 67, 69, and 71 of the Election Act due to the narrow margin of 20 votes between the two leading candidates, Sheref Sabawy and Qasir Dar.

The court emphasized the discretionary nature of ordering recounts even when the statutory threshold for a recount is met, balancing finality, reviewability, and public confidence in electoral outcomes.

The recount was ordered to ensure the accuracy and integrity of the democratic process despite no specific evidence of error.

The Ontario Court of Justice dismissed Andrea Grebenc’s application for a judicial recount in the electoral district of Burlington, finding she failed to establish a prima facie case that a recount would change the election outcome.

The court emphasized the strict statutory timelines under section 71(1) of the Elections Act requiring recount applications to be brought and heard within four days of official tabulation.

Despite credible evidence from a scrutineer regarding improperly rejected ballots, the net difference in votes was only one, insufficient to justify a recount.

The decision underscores the importance of judicial discretion in balancing public confidence in election finality with the need for accuracy.