Campbell v. Electoral Canada

Campbell v. Electoral Canada

On de novo review the judge concluded the prothonotary erred by deciding a complex legal issue reserved for the merits judge and by misapplying the test for supplementary evidence; the additional affidavits constituted unforeseeable reply evidence elicited in viva voce examination, were relevant to central issues of statutory interpretation and remedies, would assist the Court and would not cause serious prejudice, and therefore leave to file was granted and the prothonotary's order was set aside.

Citation
2008 FC 1080
Parties
Applicant Official Agent for Robert Campbell: L.G. Callaghan in his capacity as official agent for Robert Campbell; Applicant Official Agent for Dan Mailer: David Pallet in his capacity as official agent for Dan Mailer; Respondent Chief Electoral Officer of Canada: The Chief Electoral Officer of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
25 September 2008
Procedural Posture
Judicial Review (appeal De Novo) / Interlocutory Appeal From Prothonotary Order Denying Leave to File Additional Affidavits; Motion to File Additional Evidence
Outcome
Appeal allowed; prothonotary order of July 23, 2008 set aside; leave granted to applicants to file additional affidavits; costs to applicants.
Legal Topics
Leave to File Additional Evidence, Interpretation of Statutory Terms (election Advertising/election Expense), Mandamus and Certiorari, Standard of Review, Role and Powers of Administrative Tribunals
Source Language
English
Administrative Law Election Law Procedural Law Judicial Review Leave to File Additional Evidence Interpretation of Statutory Terms (election Advertising/election Expense) Mandamus and Certiorari Standard of Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

L.G. Callaghan in his capacity as official agent for Robert Campbell

Applicant Official Agent for Robert Campbell

David Pallet in his capacity as official agent for Dan Mailer

Applicant Official Agent for Dan Mailer

The Chief Electoral Officer of Canada

Respondent Chief Electoral Officer of Canada

Procedural Posture

Judicial Review (appeal De Novo) / Interlocutory Appeal From Prothonotary Order Denying Leave to File Additional Affidavits; Motion to File Additional Evidence

Legal Issues

  1. 1 Whether leave should be granted to file additional affidavits under Federal Courts Rules r.312 and r.84(2)
  2. 2 Whether the prothonotary erred in law by resolving a complex legal issue reserved for the merits judge
  3. 3 What is the correct interpretation of "election advertising" and "election expense" under ss.407 and 465 of the Canada Elections Act

Ratio Decidendi

On de novo review the judge concluded the prothonotary erred by deciding a complex legal issue reserved for the merits judge and by misapplying the test for supplementary evidence; the additional affidavits constituted unforeseeable reply evidence elicited in viva voce examination, were relevant to central issues of statutory interpretation and remedies, would assist the Court and would not cause serious prejudice, and therefore leave to file was granted and the prothonotary's order was set aside.

Court Disposition

Appeal allowed; prothonotary order of July 23, 2008 set aside; leave granted to applicants to file additional affidavits; costs to applicants.

Orders

  • Appeal granted.
  • Prothonotary's order dated July 23, 2008 denying motion for filing additional affidavits rescinded.