J. Patrick Maloney

Following the dismissal of her appeal regarding municipal election compliance audits, the appellant argued she should not be liable for costs because she was a public-interest litigant.

The respondents sought costs, alleging the appellant targeted them for private reasons related to a local development dispute.

The court found that the appellant was a public-interest litigant who brought the applications in good faith to address matters of public importance regarding campaign finances.

The court dismissed the respondents' claim for costs and ordered all parties to bear their own costs.

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.