Canada Case Law

Wuttunee v. Whitford

Court

Federal Court of Appeal

The Federal Court was entitled to exercise its discretion under s.35(1) of the FNEA to set aside the contested elections despite acknowledging the 'magic number' test was not satisfied because multiple contraventions and instances of serious electoral fraud (including use of band funds and misuse of confidential electoral information) corrupted the integrity of each election such that annulment was justified.

Source excerpt

• Election annulment
• Vote buying
• Statutory interpretation
• Judicial discretion
• First nations elections act

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Gauthier v. Blueberry River First Nations

Court

Federal Court

The Federal Court declined to issue a show cause order for contempt, but ordered costs, compliance measures, and warned of severe penalties for future non-compliance.

• Contempt
• Compliance with court orders
• Costs
• Adjournment sine die
• Public posting of orders
• Compliance-with-court-orders

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Wilson v. Switlo

Court

Supreme Court of British Columbia

Costs ruling in a defamation action: special costs were awarded against three defendants for discovery abuse and malicious allegations, and a Sanderson order was made for successful defendants.

• Special costs
• Sanderson order
• Bullock order
• Discovery non-compliance
• Malice
• Punitive damages

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