The applicants sought a judicial recount of the ballots cast in the 45th General Election for the electoral district of Windsor-Tecumseh-Lakeshore, where the initial count showed a 77-vote margin.
The court granted the application based on credible affidavit evidence of counting errors, without requiring proof of materiality.
During the recount, the court ruled on numerous disputed ballots, strictly applying the mandatory requirement for a mark in the circle while objectively assessing whether extraneous marks could identify the elector.
The court also admitted special ballots bearing initials on the reverse, finding they were likely placed by election officers.
The recount concluded with the leading candidate's margin reduced to four votes, confirming the election result.
