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contemplates the filing of applications on the basis of mere allegations before they can be
substantiated, in order to meet the limitation period. This may have the undesirable effect of
withdrawn if evidence to support them is not uncovered.
[89]
Where 527(a) does not apply, as here, the thirty day limit begins to run only when the
occurrence was discovered or was reasonably discoverable in the circumstances. There is no
outside time-limit in the Act for bringing an application on freshly discovered grounds, other
than that presumably imposed by the Parliamentary term as the matter would then become moot
when another election was convened.
[90]
In interpreting s 527(b), the Court should seek to find a balance between the objective of
discouraging untimely applications that have no prospect of success and those that address
serious concerns with the integrity of the electoral process.
(6)
[91]
Section 527, “knew or should have known”
The legislation leaves the door open for an application that is brought within thirty days
of the day when the elector or candidate “knew or should have known” of the occurrence (in
French, “a appris, ou aurait dû savoir”). The language “knew or should have known” allows for
some flexibility in determining on the evidence when the applicant had actual or imputed
knowledge of the occurrence sufficient to start the 30 day deadline running.
2013 FC 525 (CanLII)
encouraging litigation that is not well-founded but such applications may, of course, be
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