The applicant, a Liberal candidate in the 2014 Ontario provincial election for the electoral district of Thornhill, sought a recount of ballots pursuant to Section 71 of the Election Act.
On election night, unofficial results showed the applicant winning by 85 votes.
However, the official tabulation conducted the following day showed the respondent, a Progressive Conservative candidate, winning by the same 85-vote margin.
The applicant alleged improper rejection of ballots and improper tabulation by the returning officer.
The court ordered a recount, finding that the discrepancy between the unofficial and official tallies, combined with the extremely narrow margin of victory and concerns about voter confidence in the democratic process, established a prima facie case for relief under Section 71(1)(b) of the Election Act.
