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.
