A municipal candidate appealed preliminary rulings concerning the scope of an appeal from a Compliance Audit Committee decision ordering a compliance audit under the Municipal Elections Act, 1996.
The appellant argued the appeal should proceed as a de novo hearing rather than a review based on the existing record and challenged the committee’s procedures and lack of reasons.
The court held that appeals are presumptively based on the record unless legislation clearly authorizes a new hearing, and the statute provided only for an appeal.
Issues relating to fresh evidence and the standard of review were properly deferred to the hearing of the main appeal.
The preliminary appeal was dismissed.
