80 (1) Any party may appeal from the decision of the judge who conducted the recount by giving notice in writing within two days after the completion of the recount to the other parties concerned and to the judge of the party’s intention to appeal, and the party may by the notice limit the appeal to specified ballots.  R.S.O. 1990, c. E.6, s. 80 (1). Service of notice of appeal (2) The notice may be served upon the other parties personally, or upon the solicitors who acted for them upon the recount by the judge, personally or at their offices, or as a judge of the Superior Court of Justice may direct.  R.S.O. 1990, c. E.6, s. 80 (2); 2005, c. 23, s. 4 (2). Ballots, etc., to be forwarded to local registrar (3) Where the appeal is limited, the judge who conducted the recount shall forward, in the envelope as provided for in subsection 75 (1), the ballots that are the subject of appeal together with the notice and a certificate showing the judge’s findings as to the ballots in dispute, by registered mail to a local registrar of the Superior Court of Justice, but, if the appeal is not limited, the judge shall forward all the ballots and other papers to the local registrar, and in either case the judge shall await the result of the appeal before sending his or her certificate to the returning officer.  R.S.O. 1990, c. E.6, s. 80 (3); 2005, c. 23, s. 4 (2). Allowing copy of certificate of judge (4) The judge who conducted the recount shall, upon request, allow each party to make a copy of the certificate of his or her findings before it is forwarded to the local registrar.  R.S.O. 1990, c. E.6, s. 80 (4); 2005, c. 23, s. 4 (3). Appointment for hearing of appeal (5) On receipt of the ballots and notice, the local registrar shall forthwith obtain an appointment from a judge of the Superior Court of Justice for hearing the appeal and shall notify the parties or their solicitors of the time so appointed.  R.S.O. 1990, c. E.6, s. 80 (5); 2005, c. 23, s. 4 (2). Procedure on hearing of appeal, certificate of result (6) At the time appointed, the judge of the Superior Court of Justice shall recount the ballots or such of them as are the subject of appeal, and shall forthwith certify his or her decision to the judge who conducted the recount, whose duty it is to conform to the decision and to certify the result without delay to the returning officer.  R.S.O. 1990, c. E.6, s. 80 (6); 2005, c. 23, s. 4 (2). Costs of appeal (7) The judge of the Superior Court of Justice may direct by whom and to whom the cost of the appeal, including the costs of the returning officer and the election clerk, shall be paid.  R.S.O. 1990, c. E.6, s. 80 (7); 2005, c. 23, s. 4 (2). Assessing and allowing costs (8) The judge of the Superior Court of Justice shall assess the costs of the appeal.  R.S.O. 1990, c. E.6, s. 80 (8); 2005, c. 23, s. 4 (2). Idem (9) Where the judge of the Superior Court of Justice makes no provision as to costs, the costs of the returning officer and election clerk shall be paid by the Province of Ontario at the prescribed rates.  R.S.O. 1990, c. E.6, s. 80 (9); 2005, c. 23, s. 4 (2). Section Amendments with date in force (d/m/y) 2005, c. 23, s. 4 (2, 3)
- 13/06/2005 Election Return