SCC Case Information
Ted Opitz, et al. v. Borys Wrzesnewskyj, et al.
(Ontario) (Civil) (As of Right)
(Sealing order) (Court file contains information that is not available for inspection by the public)
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Elections Application to contest election Irregularities affecting result of election Canada Elections Act, S.C. 2000, c. 9, s. 524(1)(b).
Ted Opitz and Borys Wrzesnewskyj were candidates for the electoral district of Etobicoke Centre in the 41st Canadian General Election which took place on May 2, 2011. The election resulted in a narrow win for Mr. Opitz, with a plurality of only 26 votes. Mr. Wrzesnewskyj contested the election pursuant to s. 524(1)(b) of the Canada Elections Act, which allows a candidate in an electoral district to contest an election on the grounds that there were irregularities that affected the result of the election. There was no suggestion of any wrongdoing on the part of either candidate. Rather, the issues related to the conduct of the election at certain polls in the district. The Ontario Superior Court of Justice set aside a total of 79 votes on account of failure of registration and failure of vouching, and declared the election null and void.