Milton Chan

The applicants sought a judicial recount of the ballots cast in the 45th General Election for the electoral district of Windsor-Tecumseh-Lakeshore, where the initial count showed a 77-vote margin.

The court granted the application based on credible affidavit evidence of counting errors, without requiring proof of materiality.

During the recount, the court ruled on numerous disputed ballots, strictly applying the mandatory requirement for a mark in the circle while objectively assessing whether extraneous marks could identify the elector.

The court also admitted special ballots bearing initials on the reverse, finding they were likely placed by election officers.

The recount concluded with the leading candidate's margin reduced to four votes, confirming the election result.

Following the 44th general federal election, Candidate Alejandra Bravo applied for a judicial recount in the electoral district of Davenport.

During the recount, disputes arose regarding whether to open envelopes containing spoiled and unused ballots for several polling stations.

The court issued extemporaneous rulings, allowing some envelopes to be opened where there were significant discrepancies or confusion on the Statements of the Vote, while declining others where the evidence of unreliability was insufficient.

Ultimately, Candidate Bravo terminated the recount pursuant to section 307 of the Canada Elections Act, and the original election results were confirmed.

The appellant, an investment advisor, appealed a decision of the Ontario Securities Commission that upheld a disciplinary ruling by the Investment Industry Regulatory Organization of Canada (IIROC).

IIROC had found the appellant engaged in conduct detrimental to the public interest by maintaining undisclosed financial interests in the accounts of two relatives, resulting in a permanent ban, a $350,000 fine, and $80,000 in costs.

The Divisional Court dismissed the appeal, finding the Commission's decision reasonable, the reasons provided by IIROC adequate, and that the Commission properly afforded deference to the self-regulatory organization.