The applicant, an unsuccessful municipal election candidate, sought relief from the statutory penalties imposed under s. 80(2) of the Municipal Elections Act, 1996 for failing to file a required campaign financial statement by the prescribed deadline.
The applicant relied on s. 92(6) of the Act and alternatively s. 98 of the Courts of Justice Act to request relief from forfeiture and ineligibility consequences.
The court held that s. 92(6) applies only in the context of prosecutions for specific offences under s. 92(5) and that the “presiding judge” referenced in that provision refers to a judge of the Ontario Court of Justice, not the Superior Court.
The court further found that equitable relief under s. 98 of the Courts of Justice Act was not warranted because the applicant’s failure to file reflected indifference rather than inadvertence or good faith.
The application was dismissed.
