Court of Appeal for Ontario

Date: 20240716 Docket: COA-23-CV-1333

Miller, Harvison Young and Gomery JJ.A.

BETWEEN

Mr. Kevin Mark Clarke (on behalf of the people) Applicant (Appellant)

and

City of Toronto Respondent (Respondent)

APPLICATION UNDER Rule 14.05(3) to the Rules of Civil Procedure, RRO 1990, Reg 194, and s. 83(1) of the Municipal Elections Act, 1996, SO 1996, c 32.

Kevin Mark Clarke, acting in person Mark Siboni and Alex Redinger, for the respondent

Heard and released orally: July 15, 2024

Determination pursuant to r. 2.1 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, with respect to the appeal from the order of Justice Robert Centa of the Superior Court of Justice dated November 17, 2023, with reasons reported at 2023 ONSC 6495.

Reasons for Decision

[1] The appellant was a candidate in a recent election for mayor of the City of Toronto. He brought an application against the City challenging the validity of the election pursuant to s. 83(1) of the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched.

[2] The appellant advanced various complaints related to media coverage of the election, polling, and his exclusion from mayoral debates.

[3] The City brought a motion to have the application dismissed as frivolous and vexatious under r. 2.1.01(3) of the Rules of Civil Procedure, R.S.O. 1990, c. C.43. The motion judge reviewed the appellant’s materials and concluded that the application ought to be dismissed as frivolous and vexatious. The motion judge concluded that even if the court accepted the validity of his complaints, none of them could allow a court to conclude that the election was not valid pursuant to the Municipal Elections Act.

[4] The appellant has not identified any errors in the analysis by the motion judge.

[5] The appeal is dismissed. There is no order as to costs of the appeal.

“B.W. Miller J.A.”

“A. Harvison Young J.A.”

“S. Gomery J.A.”