A candidate in the federal race for the Windsor-Tecumseh-Lakeshore seat has been granted a judicial recount.
Ontario Superior Court Justice Ross MacFarlane on Friday ordered a judicial recount, which had been requested by the campaign of Liberal candidate Irek Kusmierczyk.
"We got a shot, that's all we asked for. We got a shot and now it's up to the recount teams and council in order for us to look at those ballots and make those arguments. But we got a shot and we're grateful," said Kusmierczyk.
A hearing to finalize details on the recount is set for Monday at 10 a.m. via Zoom. Due to several other recounts taking place next week, the actual recounting of ballots will likely begin on Tuesday, May 20 at the Green Valley Plaza in Tecumseh.
The counting of all ballots is expected to take three days.
"There is an onus and an impetus on us to move quickly, we appreciate that. We want to have an MP in that seat sooner rather than later," said Kusmierczyk. "There's also the reality that there are now four recounts, I believe, taking place across the country. It's a matter of resources, not just council on both sides but also resources in terms of Elections Canada.
Kusmierczyk narrowly lost his seat to Conservative candidate Kathy Borrelli. Election night totals placed Borrelli ahead by 233 votes, and a validation by Elections Canada lowered the lead to 77 votes.
The 77 votes were just seven shy of the number needed to trigger an automatic judicial recount, which must take place if the difference between the candidates is one one-thousandth of the total votes cast..
Kusmierczyk campaign lawyer Jeff Hewitt argued that the Canada Elections Act allows for an elector to apply to a judge for a recount within four days of a Certificate of Votes being issued, regardless of the difference.
In its court filing, Hewitt argued that the issue was with hundreds of ballots that were rejected, and that he saw no reason for those ballots to be thrown out.
A series of affidavits were introduced that included examples of rejected ballots, which Hewitt argued should have indicated the intent of the voter.
Eli Mogli, a lawyer representing the Borrelli campaign and the Conservative Party of Canada, argued that the recount should be staffed sensibly and fairly. He also argued that any recount should be completed in time for the opening of the new Parliament session.
Mogli, along with a representative for Elections Canada, each told the court that it would not provide legal opinions on the matter.
In a social media post, Kusmierczyk thanked his volunteers and campaign staff, and promised to abide by whatever the final count showed.
"There's a lot on the line here. We've said from the very beginning that this is the most important election in a generation, and so we need to make sure we do this right. At the end of the day, what we're after is confidence and clarity for this community," said Kusmierczyk.
-with files from Maureen Revait