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2021–22 Departmental Results Report

Judicial Proceedings

Concluded Proceedings

Proceeding Description
No proceedings affecting federal elections or the affairs of Elections Canada (EC) concluded in fiscal year 2021–22.

Ongoing Proceedings

Proceeding Description
Jean Edwards and Larry Edwards v. Algoma District School Board and Chief Electoral Officer of Canada The Algoma District School Board (ADSB) leased property located at Mountain View Public School to EC for voting that took place there on October 19, 2015. Jean Edwards alleges to have tripped and fallen on a depression in the asphalt on election night. Mrs. Edwards and her husband subsequently filed a lawsuit in the Ontario Superior Court of Justice on September 13, 2017, against the ADSB for damages purportedly resulting from Mrs. Edwards' alleged injuries. On January 29, 2018, the Chief Electoral Officer was served by the ADSB with a third-party claim (meaning that the ADSB claims the fault is EC's and that EC should therefore be made liable for damages instead of the ADSB). EC's insurer retained a lawyer to represent it. No hearing has been scheduled to date.
O'Leary Productions Inc. et al. v. the Attorney General of Canada The applicants challenge the constitutionality of the following subsections of the Canada Elections Act on the basis that they infringe ss. 2(b), 3 and 7 of the Canadian Charter of Rights and Freedoms:
  • 367(1)(d), (6) and (7)—$25,000 limit on leadership contributions to one's own campaign;
  • 478.75(1)—deadline for payment of leadership campaign debts (within 3 years of the contest);
  • 497.5(1)(h)—offence for failure to pay the debt within 3 years; and
  • 500(1)—guilt for failing to pay leadership campaign debts on time gives rise to liability to a fine of up to $2,000, or to imprisonment for up to 3 months, or to both.
The applicants seek a declaration of invalidity and costs. They also seek a declaration that O'Leary Productions Inc. may make a loan to the leadership campaign to pay campaign debts and that the applicants will not be subject to prosecution in relation to such loan. The Chief Electoral Officer is an intervenor in the case. No hearing date is currently scheduled.
Compugen Inc. v. Chief Electoral Officer and Attorney General of Canada A statement of claim was filed by Compugen on July 2, 2019, in the Ontario Superior Court of Justice for damages related to an alleged breach of contract for the Polling Place Process Enhancement Project. The contract was terminated by EC on June 25, 2019, for default by Compugen, essentially for failure to perform its contractual obligations.

The Chief Electoral Officer of Canada filed a statement of defence and counterclaim on August 27, 2019.

Compugen filed a reply and defence to counterclaim on January 23, 2020.

The parties have exchanged documents relevant to the claim and counterclaim. No hearing date has been set.