The appellant, a municipal election candidate, appealed a decision of the Ontario Court of Justice directing a compliance audit of her campaign finances.
The applicant elector had alleged the candidate undervalued her campaign office rent, thereby exceeding expense limits.
The compliance audit committee had initially refused the audit, finding no reasonable probability of a breach.
The Divisional Court allowed the appeal, holding that the OCJ judge erred in his application of the reasonableness standard of review by substituting his own interpretation of the valuation requirements under the Municipal Elections Act.
The committee's decision to accept the candidate's explanation and refuse the audit was reasonable and was restored.
