A choose on Friday mentioned he could be ordering a poll recount within the driving of Windsor—Tecumseh—Lakeshore, the place the Conservative candidate gained by fewer than 100 votes in final week’s federal election.
Ontario Superior Court docket Justice J. Ross Macfarlane mentioned he was glad that the authorized crew representing the Liberals’ Irek Kusmierczyk had supplied sufficient proof to justify a judicial recount.
“I’m ready to grant the order,” Macfarlane mentioned throughout Friday’s court docket listening to, which passed off over Zoom. The recount is predicted to happen within the weeks forward.
The margin between Kusmierczyk, who had served because the driving’s MP since 2019, and Conservative candidate Kathy Borrelli was 77 votes — simply seven shy of triggering an computerized recount based mostly on the whole variety of votes solid within the April 28, 2025, election.
Jeff Hewitt, a lawyer representing Kusmierczyk at Friday’s court docket listening to, cited greater than a dozen affidavits from scrutineers for his marketing campaign who had witnessed ballots be rejected that they are saying have been legitimate.
A few of these included ballots the place the voter had marked an X within the circle subsequent to Kusmierczyk’s title, however had additionally made further markings – resembling a checkmark subsequent to or a circle round his title.
For the reason that authorized groups didn’t have entry to the rejected ballots themselves, scrutineers recreated the markings on duplicate ballots as an instance them to the court docket.
Hewitt argued that the intention of the voter was clear in these circumstances, and that the ballots didn’t include any data that might determine the voter, which might spoil the poll underneath Canadian election rules.
The law stipulates {that a} choose ought to order a recount if it seems that, based mostly on an affidavit from a reputable witness, “an election officer has incorrectly counted or rejected any ballots” or has made an error on the assertion of the vote. Hewitt argued that each had occurred within the driving.
WATCH | A Windsor-Essex driving’s election result’s being challenged. How would a judicial recount work?
The Liberal candidate for Windsor-Tecumseh-Lakeshore is contesting the latest federal election outcomes for the driving. CBC Windsor’s Pratyush Dayal breaks down how a judicial recount would work whether it is given a go-ahead.
Eli Mogil, a lawyer for Borrelli, additionally participated within the listening to and didn’t take difficulty with any of Hewitt’s arguments.
“I respect the order by Justice Ross [Macfarlane] for a recount of the ballots,” Borrelli mentioned in an emailed assertion. “My crew will cooperate absolutely in all that’s required.”
Mogil and the choose mentioned the timing of the recount, which Mogil mentioned, based mostly on a draft recount order, will conclude within the days earlier than Parliament returns on Might 26.
Mogil mentioned as a result of each events are coping with recounts in different ridings subsequent week, the precise recounting of the ballots in Windsor—Tecumseh—Lakeshore will possible happen the next week, which begins Might 20.
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