Paul-Erik Veel

A municipal candidate appealed preliminary rulings concerning the scope of an appeal from a Compliance Audit Committee decision ordering a compliance audit under the Municipal Elections Act, 1996.

The appellant argued the appeal should proceed as a de novo hearing rather than a review based on the existing record and challenged the committee’s procedures and lack of reasons.

The court held that appeals are presumptively based on the record unless legislation clearly authorizes a new hearing, and the statute provided only for an appeal.

Issues relating to fresh evidence and the standard of review were properly deferred to the hearing of the main appeal.

The preliminary appeal was dismissed.

The moving defendants sought a stay of an Ontario action on the basis that the dispute should proceed in Alberta where related litigation concerning unpaid commissions had already been commenced.

The plaintiffs relied on forum selection and governing law clauses in a merger agreement and unanimous shareholders agreement providing for Ontario law and attornment to Ontario courts.

The court held that Ontario had jurisdiction simpliciter and that the contractual forum clauses were entitled to significant weight.

The moving parties failed to demonstrate strong cause to override the forum selection clauses or establish that Alberta was clearly the more appropriate forum.

The motion for a stay based on forum non conveniens was therefore dismissed.

This is a preliminary motion ruling on appeals of Compliance Audit Committee decisions to order compliance audits of election campaign finances.

The appellants sought to have the appeals conducted as hearings de novo, while the respondents and the Committee argued the appeals should be limited to a review of the record.

The court determined that absent a clear statutory mandate to the contrary, appeals must take the form of a review of the record rather than de novo hearings.

The court rejected arguments that deficiencies in the record, the Committee's failure to provide reasons, or the prematurity of the audit application warranted a de novo hearing format.