Failure of Judge to Conduct Recount
Marginal note:Failure of judge to act
311. (1) If a judge does not comply with the provisions of sections 300 to 309, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3)
(a) in the Province of Ontario, to a judge of the Superior Court of Justice;
(b) in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;
(c) in the Province of Nova Scotia or British Columbia, to a judge of the Supreme Court of the Province;
(d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; and
(e) in the Province of Prince Edward Island or Newfoundland, to a judge of the trial division of the Supreme Court of the Province.
Marginal note:Application on affidavit
(2) An application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply.
Marginal note:Order of judge
(3) The judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an order
(a) fixing the time, within the following eight days, and place to hear the application;
(b) directing the attendance of all parties interested at that time and place; and
(c) giving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party.
Marginal note:Affidavits may be filed in reply
(4) The judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.
- 2000, c. 9, s. 311;
- 2002, c. 7, s. 93.
Marginal note:Order of court after hearing
312. (1) After hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same court
(a) shall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act in respect of the recount; and
(b) may make an order with respect to costs.
Marginal note:Judge to obey order
(2) A judge found to be in default shall without delay comply with an order made under subsection (1).
(3) Remedies for the recovery of costs awarded under paragraph (1)(b) are the same as for costs in ordinary cases in the same court.
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