Wrzesnewskyj v. Opitz , 2012 ONSC 2873 was release today - see below for decision. The case was careful not to attach blame on the candidates but rather to focus on errors at polling stations leading to an uncertainty as to whether the vote was proper. As a legal matter the judge (a very careful and learned jurist) was focussed on onuses and proof. But even with a narrow focus that laid the burden squarely on the applicant the Court found the election had to be overturned.
Any appeal is directly to the Supreme Court of Canada. It is hard to see much ground to appeal.
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> The case was careful not to attach blame on the candidates but rather to focus on errors at polling stations leading to an uncertainty as to whether the vote was proper.
That was very smart, as it meant that the standard of proof was the preponderance of the evidence, as in a civil suit.
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