Sage Harvey

The applicant, an unsuccessful candidate in a 2014 municipal election, failed to file an audited financial statement by the statutory deadline, resulting in her ineligibility to run in the next municipal election.

Almost two years later, she sought relief from forfeiture under s. 98 of the Courts of Justice Act to permit late filing and removal from the "Candidates in Default" list, primarily to secure a provincial party nomination.

The court dismissed the application, finding that the applicant failed to demonstrate that her non-compliance was inadvertent or that she had been sufficiently diligent in attempting to remedy the breach.

The court emphasized the importance of timely financial disclosure for public policy and declined to exercise its equitable discretion.

The appellant moved for a stay of a motion judge's order regarding reintegration reconciliation counselling and the adjournment of her summary judgment motion.

The respondent brought a cross-motion to quash the appeal, arguing the underlying order was interlocutory.

The Court of Appeal agreed with the respondent, finding that the issue of access remained to be determined at a future summary judgment motion.

The appeal was quashed and costs were awarded to the respondent.