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Supplementary Information Tables: Judicial Proceedings2021–22 Departmental Plan

Judicial Proceedings

Concluded Proceedings

Proceeding Description

Zbarsky v Elections Canada

On October 16, 2019 the plaintiff filed a statement of claim in Federal Court seeking an order that Elections Canada allegedly failed "to guarantee the right to an informed vote". Elections Canada filed a motion to strike the matter. On March 6, 2020, the Federal Court granted the motion, struck the statement of claim without leave to amend, and dismissed the action.

Ongoing Proceedings

Proceeding Description

Jean Edwards and Larry Edwards v. Algoma District School Board and Chief Electoral Officer of Canada

On September 13, 2017, the plaintiffs filed a lawsuit in Ontario Superior Court of Justice alleging that Mr. Edwards slipped and fell on property leased for the 42nd election. The matter is ongoing. No hearing has been scheduled to date.

Deltro Electric Ltd. & David Del Mastro v. Elections Canada and the Attorney General of Canada

In March 2018, the plaintiff filed a statement of claim for damages resulting from the unconstitutional execution of a search warrant on the Deltro Electric Ltd. premises by the Commissioner of Canada Elections in the context of an investigation. Elections Canada has filed a statement of defence and the document disclosure process has begun. The matter is ongoing.

O'Leary Productions Inc., et al. v. the Attorney General of Canada

The applicants challenge the constitutionality of provisions in the Canada Elections Act regulating political financing activities in connection with leadership contests. The Chief Electoral Officer is an intervenor in the case. The applicants brought a motion seeking an order that the claim is not moot despite their having repaid the outstanding claims. The motion has not been heard.

Compugen Inc. v CEO and the Attorney General of Canada

A statement of claim was filed by Compugen Inc. on July 2, 2019 in the Ontario Superior Court of Justice claiming damages related to an alleged breach of contract. On August 27, 2019, Elections Canada filed a statement of defence and counterclaim. The matter is ongoing.