The appellant challenged the validity of a municipal election in Ward 9 of the City of Toronto, arguing that 275 Voters' List Change Request Forms (VLCRFs) were invalid because they lacked an election official's signature.
The application judge declared the election invalid, but the Divisional Court overturned this decision.
The Court of Appeal dismissed the appeal, applying the substantive approach from the Supreme Court of Canada's decision in Opitz.
The Court held that the omission of the election official's signature was a procedural irregularity that did not compromise the voters' underlying entitlement to vote, and therefore did not affect the result of the election.
