The applicant, an unsuccessful candidate in a federal election decided by a plurality of 26 votes, brought an application to contest the election under s. 524(1)(b) of the Canada Elections Act.
The applicant argued that irregularities in voter registration and vouching affected the result.
The court found that the onus was on the applicant to prove on a balance of probabilities that irregularities occurred and affected the result.
The court identified 79 votes that were cast irregularly due to failures in registration and vouching procedures.
Because the number of irregular votes exceeded the plurality, the court declared the election null and void.
