Wright, Danson and Sanborn v. Koziak and Albrecht, (1980) 24 A.R. 255 (CA)

• Judge: McGillivray, C.J.A., Lieberman and Haddad, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: September 02, 1980
• Citations: (1980), 24 A.R. 255 (CA)

Wright v. Koziak (1980), 24 A.R. 255 (CA)

MLB headnote and full text

Wright, Danson and Sanborn v. Koziak and Albrecht

(13287)

Indexed As: Wright, Danson and Sanborn v. Koziak and Albrecht

Alberta Court of Appeal

McGillivray, C.J.A., Lieberman and Haddad, JJ.A.

September 2, 1980.

Summary:

This case arose out of an application by a defeated candidate and two electors for a declaration that the election of a candidate in the provincial election be declared void. The applicants alleged inter alia that university students were not enumerated, electoral divisions were improperly subdivided, polling places were not within their subdivisions, proclamation requirements were not met and improper procedures were used in the voting by people in treatment centres.

The Alberta Court of Queen's Bench in a judgment reported 21 A.R. 586 dismissed the application. The Court of Queen's Bench found that the only breaches of the Election Act which occurred were the failure to obtain written certification of the capacity of voters in treatment centres and the exclusion of persons, who were entitled to be present while an incapacitated voter cast his ballot. The Court of Queen's Bench held pursuant to s. 168 of the Election Act that the breaches were insufficient to ground the invalidity of the election. The applicants appealed.

The Alberta Court of Appeal dismissed the appeal.

Elections - Topic 1

General principles - The Alberta Court of Appeal set out the basic general principles of elections in Alberta - See paragraph 35.

Elections - Topic 2085

Voters - Voters list - Enumeration - Persons who must be counted - University residents - The Alberta Court of Queen's Bench held that under the Election Act, R.S.A. 1970, c. 117, the electoral officer was not required to enumerate for the voters' list of an electoral division single university students living in campus residences in the electoral division, because the students were not "ordinarily resident" in the division - The Alberta Court of Appeal affirmed the decision of the Court of Queen's Bench - See paragraphs 4 to 35.

Elections - Topic 3064

Voting and ballots - Place of voting - Notice of - Election Act, R.S.A. 1970, c. 117, s. 13(1)(c) - The Alberta Court of Queen's Bench reviewed and approved the proclamation by the returning officer of the location of polling places in an electoral division and his subsequent amending proclamation under s. 13(5) - The Alberta Court of Appeal affirmed the judgment of the Court of Queen's Bench - See paragraphs 42 to 45.

Elections - Topic 3066

Voting and ballots - Place of voting - Location of - The Alberta Court of Queen's Bench held that under s. 51 (2)(c) of the Election Act, R.S.A. 1970, c. 117, it was permissible for a polling place of an electoral subdivision to be located outside the boundary of the subdivision - The Alberta Court of Appeal affirmed the judgment of the Court of Queen's Bench - See paragraphs 36 to 41.

Elections - Topic 3068

Voting and ballots - Place of voting - Ad hoc voting place - The residents of a high-rise apartment building were not enumerated, because the caretaker of the building prevented it - On election day a special poll was set up in the lobby of the apartment building to accommodate the residents and 88 voted - The creation of the poll did not in any way affect the result of the election - The Alberta Court of Appeal affirmed the judgment of the Alberta Court of Queen's Bench that the establishment of the ad hoc poll was proper - See paragraph 46.

Elections - Topic 7908

Controverted elections - Grounds for invalidity - Errors - Cumulative effect of - The Alberta Court of Appeal held that the cumulative effect of procedural errors in an election could result in a failure of the election to be conducted in accordance with general election principles, but that the question was one of fact in each case - The Court of Appeal refused to set aside an election, where the cumulative effect of errors did not affect the result - See paragraphs 47 to 49.

Cases Noticed:

Rex ex rel. McClellan v. Clay, [1945] 4 D.L.R. 424, appld. [para. 20].

Anderson v. Stewart and Diotte (1921), 62 D.L.R. 98, appld. [para. 25].

Morgan v. Simpson, [1974] 3 All E.R. 722, appld. [para. 30].

Pollard and Patterson et al., Re (1974), 50 D.L.R.(3d) 542, consd. [para. 48].

Statutes Noticed:

Controverted Elections Act, R.S.A. 1970, c. 66.

Election Act, R.S.A. 1970, c. 117, sect. 13(1) [para. 44]; sect. 13(6) [para. 45]; sect. 15(1)(b) [para. 37]; sect. 17(2.1)(d) [para. 7]; sect. 18 [para. 8]; sect. 20 [para. 21]; sect. 51(1) [para. 38]; sect. 51(2) [para. 40]; sect. 66 [para. 9]; sect. 72 [paras. 14, 15, 25]; sect. 75 [paras. 14, 16, 25]; sect. 168 [para. 29]; Third Schedule, rule 1, rule 2, rule 3, rule 4, rule 5 [para. 22].

Authors and Works Noticed:

Maxwell on Statutes (3rd Ed.), p. 521 [para. 25]; 528-529 [para. 26].

Counsel:

J.C. Robb and T.J. Christian, for the appellants;

J.E. Redmond, Q.C., for the respondent, Peter Albrecht;

H.L. Irving, Q.C. and J. Hill, for the respondent, Julian Koziak.

This case was heard before McGillivray, C.J.A., Lieberman and Haddad, JJ.A., of the Alberta Court of Appeal.

On September 2, 1980, McGILLIVRAY, C.J.A., delivered the following judgment for the Court of Appeal: