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Judicial review dismissed; six-month statutory deadline for police disciplinary hearings not paused for Director's review.
The applicants sought judicial review of administrative decisions dismissing disciplinary charges against two police officers for lack of jurisdiction.
The hearing officers and the Ontario Civilian Police Commission found that the six-month statutory deadline under s. 83(17) of the Police Services Act for serving a notice of hearing had expired.
The applicants argued that the deadline should be paused during a review by the Complaints Director.
The Divisional Court dismissed the applications, holding that the administrative decision-makers reasonably interpreted the plain wording of the statute, which contained no exception for a Director's review.
The court ordered a provincial election recount due to a narrow twenty-vote margin.
The Ontario Court of Justice granted an application for a recount of votes in the electoral district of Mississauga–Erin Mills following Ontario’s 44th General Election held on February 27, 2025.
The applicants, including the Chief Electoral Officer and Returning Officer, sought the recount pursuant to sections 67, 69, and 71 of the Election Act due to the narrow margin of 20 votes between the two leading candidates, Sheref Sabawy and Qasir Dar.
The court emphasized the discretionary nature of ordering recounts even when the statutory threshold for a recount is met, balancing finality, reviewability, and public confidence in electoral outcomes.
The recount was ordered to ensure the accuracy and integrity of the democratic process despite no specific evidence of error.
The court dismissed an application for a judicial recount because the applicant failed to establish a prima facie case that the election outcome would change.
The Ontario Court of Justice dismissed Andrea Grebenc’s application for a judicial recount in the electoral district of Burlington, finding she failed to establish a prima facie case that a recount would change the election outcome.
The court emphasized the strict statutory timelines under section 71(1) of the Elections Act requiring recount applications to be brought and heard within four days of official tabulation.
Despite credible evidence from a scrutineer regarding improperly rejected ballots, the net difference in votes was only one, insufficient to justify a recount.
The decision underscores the importance of judicial discretion in balancing public confidence in election finality with the need for accuracy.