Bennett, Re, (1972) 2 Nfld. & P.E.I.R. 543 (NFSC)

• Judge: Furlong, C.J. and Mifflin, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: January 11, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 543 (NFSC)

Bennett, Re (1972), 2 Nfld. & P.E.I.R. 543 (NFSC)

MLB headnote and full text

Re Bennett

Indexed As: Bennett, Re

Newfoundland Supreme Court

At Trial

Furlong, C.J. and Mifflin, J.

January 11, 1972.

Summary:

The trial court dismissed the petition of an unsuccessful candidate in an election to have the election declared void. The court affirmed the election of the successful candidate.

The petition was brought on the ground that a recount had been rendered impossible because the ballots of one poll had been mistakenly burned after the count was taken and the Statement of Poll issued. The Deputy Returning Officer of the Poll conducted the counting properly and there was no allegation of impropriety. The court stated that if the election was carried out properly and the voters were able to express their choice clearly, the election should not be set aside on a technicality which did not affect the result. Finding that the vote was properly taken and ascertained without any impropriety, the court held the election valid.

Elections - Topic 4046

Recounts - When election void - Ballots destroyed by mistake - Deputy returning officer at one of 13 polls properly counted ballots and prepared statement of poll - Ballots mistakenly burned - Recount impossible - Whether election in district void - Statement of conditions under which election may be voided - Trial court stated that the election was properly conducted and the vote ascertained - The Newfoundland Supreme Court held that the election could not be voided for mistake which did not affect result.

Cases Noticed:

Warrington Case, Crozier v. Rylands (1869), 19 L.T.R. 812, folld.

Eastern Division of Clare Case (1892), 4 O'M. & H. 163, folld.

Islington, West Division Case (1901), 5 O'M. & H. 120, folld.

In re Pembroke Election Petition, [1908] 2 I.R. 158 (K.B.D.), folld.

Woodward v. Sarsons, [1874-80] All E.R. Rep. 262, folld.

Statutes Noticed:

Election Act, S.N. 1954, c. 79, sect. 74, sect. 75, sect. 78, sect. 80, sect. 82, sect. 91, sect. 108, sect. 120, sect. 121, sect. 124, sect. 133, sect. 135.

Counsel:

N.S. Noel, Q.C., and P. Derek Lewis, Q.C., for the Petitioner;

James J. Greene. Q.C., Willlam W. Marshall and Thomas J. 0'Reilly, for Edward Maynard, one of the Respondents;

Melvin Gilley, the other respondent, not represented by Counsel or in person.