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Supplementary Information Tables: Judicial Proceedings – 2020–21 Departmental Plan

Judicial Proceedings

Concluded Proceedings

Proceeding Description

Dhillon et al. v. Chief Electoral Officer et al

The Applicant registered a copyright and a trademark for the term "People's Party of Canada" and applied to register a political party. On February 20, 2019, Mr. Dhillon's application was refused because his party's name would likely be confused with that of another registered party. Mr. Dhillon and filed an application for judicial review of the refusal. On October 16, 2019 the Court dismissed the application, finding that it had been abandoned.

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 & the AG 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 application will be heard on April 15, 2020.

Dhillon et al. v. Chief Electoral Officer et al

The applicants filed an application for judicial review of the Chief Electoral Officer's decision to register a political party. The application was denied by the Federal Court on October 11, 2019. A Notice of Appeal was filed on December 11, 2019. The matter is ongoing.

Compugen Inc. v. CEO and AG 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 has filed a statement of defence and counterclaim. The matter is ongoing.

Zbarsky v. Elections Canada

On October 16th, 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 has filed a motion to strike the matter. A hearing is scheduled for April 1, 2020.

Bryant v. Elections Canada et al.

October 21, 2019, the applicant filed a notice of Application for judicial review before the Federal Court. It is not clear from the application what decision or decisions the applicant contests. The applicant expresses concern in his Notice of Application with various elements of the electoral process including voter identification and cyber security. Elections Canada has provided certain requested documents to the Applicant. The matter is ongoing.