Sajid Hussain

The Ontario Court of Justice granted an application for a recount of votes in the electoral district of Mississauga–Erin Mills following Ontario’s 44th General Election held on February 27, 2025.

The applicants, including the Chief Electoral Officer and Returning Officer, sought the recount pursuant to sections 67, 69, and 71 of the Election Act due to the narrow margin of 20 votes between the two leading candidates, Sheref Sabawy and Qasir Dar.

The court emphasized the discretionary nature of ordering recounts even when the statutory threshold for a recount is met, balancing finality, reviewability, and public confidence in electoral outcomes.

The recount was ordered to ensure the accuracy and integrity of the democratic process despite no specific evidence of error.

The defendants brought separate motions to dismiss the action for delay under Rule 24.01 of the Rules of Civil Procedure.

The plaintiffs opposed, citing personal hardships and economic challenges as reasons for the delay.

The court found the six-year delay to be inordinate but excusable given the plaintiff's personal circumstances and found insufficient evidence of substantial prejudice to the defendants.

The motions to dismiss were dismissed, and the court imposed a strict timetable for the action to proceed to trial.