MP appeals ruling nixing election results | Canada | News

OTTAWA - Conservative MP Ted Opitz is appealing the Ontario Superior Court of Justice ruling that tossed out the 2011 election results in his riding.

"This is the first time this section of the Elections Act has been considered by a court, and it is important that it be given the fullest consideration because of its significant impact on our democratic system," the MP said in a statement Monday.

"The court made it very clear that there was no wrongdoing by any candidate. Fifty-two thousand people in (the riding of) Etobicoke Centre followed the rules and cast their ballots. Their democratic choice has been called into question by the decision relating to 0.15% of those ballots."

By law, there is an automatic right for the Supreme Court of Canada to hear the appeal.

Liberal Borys Wrzesnewskyj, who lost Etobicoke Centre by just 26 votes, challenged the election results because of voting irregularities. He won his case earlier this month.

Judge Thomas Lederer's ruling found that problems with how 79 voters were either registered or vouched for was enough to affect the outcome of the vote.

The ruling set the stage for a possible byelection in the riding.

Wrzesnewskyj said Monday he was disappointed by the decision by Opitz to appeal what he called an "unequivocal" ruling.

"It's something quite fundamental," he said. "It's about our democracy."

The timeline for the hearing hasn't yet been set by the Supreme Court, but Wrzesnewskyj said it could take place either June or October.

It will be the first time the top court has been required to rule on a contested election using Part 20 of the Canada Elections Act, which was added by Parliament in 2000.

- with files from Sam Pazzano