An elector appealed decisions refusing to order compliance audits of municipal election campaign finances under the Municipal Elections Act, 1996.
The applications alleged that candidates received excessive contributions from associated corporations and filed incomplete financial disclosure forms (Form 4).
The court held that receiving excessive contributions is not itself a contravention of the Act provided the candidate returns the funds as soon as possible after becoming aware of the violation.
Although several candidates technically contravened the Act by improperly completing Form 4, the compliance audit committee retained discretion whether to order an audit.
Given that the excessive contributions had already been returned and no further information was likely to emerge, it was reasonable to refuse an audit.