Acts and Regulations

E-3 - Elections Act

Section 94.3
Disposition versions

Full text
Costs on a judicial recount
94.3(1)If a recount does not alter the result of the poll so as to affect the return, the judge shall do the following:
(a) order the costs of the candidate appearing to be elected to be paid by the applicant; and
(b) tax the costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.
94.3(2)Despite paragraph (1)(a), if the application was made under subsection 94(2), the costs of the candidate appearing to be elected shall be an expense of the returning officer for the electoral district in respect of which the application was made.
94.3(3)The moneys deposited as security for costs, so far as necessary, shall be paid out to the candidate in whose favour costs are awarded and, if the deposit is insufficient, the party in whose favour the costs are awarded has a cause of action for the balance.
2010, c.6, s.106
Costs on a judicial recount
94.3(1)If a recount does not alter the result of the poll so as to affect the return, the judge shall do the following:
(a) order the costs of the candidate appearing to be elected to be paid by the applicant; and
(b) tax the costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.
94.3(2)Despite paragraph (1)(a), if the application was made under subsection 94(2), the costs of the candidate appearing to be elected shall be an expense of the returning officer for the electoral district in respect of which the application was made.
94.3(3)The moneys deposited as security for costs, so far as necessary, shall be paid out to the candidate in whose favour costs are awarded and, if the deposit is insufficient, the party in whose favour the costs are awarded has a cause of action for the balance.
2010, c.6, s.106