The applicants, municipal election candidates, sought relief from forfeiture under s. 98 of the Courts of Justice Act after failing to file their campaign financial statements and auditor’s reports by the deadline required under the Municipal Elections Act.
The court applied the equitable relief-from-forfeiture framework and found the failure resulted from inadvertence and misplaced reliance on campaign and accounting assistance, not indifference to statutory obligations.
The court held the applicants acted in good faith, remedied the omission promptly, and that the harm caused by a five- and six-day delay was negligible compared to the severe statutory consequences.
Relief was granted, the filing period was extended by ten days, and no costs were ordered.
