The Ontario Superior Court of Justice has dismissed an appeal of the 2018 Lambton Shores municipal election ruling.
In October 2019, Justice Thomas Carey ruled the results were valid and dismissed an application by six people, including four unsuccessful candidates, who claimed the municipality’s running of the internet/telephone vote October 22, contravened several sections of the Ontario Municipal Elections Act (MEA).
A single ground of appeal was brought forward afterward that claimed Justice Carey "erred in law by failing to apply the correct principles regarding the removal of 1,131 peoples' names from the voters list maintained by the municipality."
The appellants alleged the presiding judge failed to appreciate that the removal of the voters' names constituted an irregularity and the election should have been declared invalid.
An eleven page decision was released November 12, after the case was heard by videoconference at divisional court in London by Justice Michael Varpio, Judge Wendy Matheson and Judge Patrick Monahan.
The judicial panel ruled that the appellants had no basis to suggest the presiding justice committed an error in finding that the elections process contained no irregularities, and the appeal was dismissed.
The panel ordered the appellants to pay the Municipality of Lambton Shores $5,500 (plus HST) within 60 days.
The full decision was included in the Lambton Shores regular council meeting agenda November 30, which can be read here.
-With files from Dave Dentinger