The applicant sought relief from forfeiture of elected municipal office after failing to file an audited campaign financial statement as required by the Municipal Elections Act, 1996.
The failure arose from an accounting error that caused the applicant to mistakenly believe an audit was not required.
The court considered its equitable jurisdiction under s. 98 of the Courts of Justice Act and applied the relief-from-forfeiture test focusing on the applicant’s conduct, the gravity of the breach, and the proportionality between the breach and the forfeiture.
The court found the breach technical and inadvertent, that the applicant acted in good faith, and that no prejudice resulted.
Relief from forfeiture was granted, allowing the applicant to retain the elected office.
