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[118] The respondent MPs argue also that because the applications were not initially
accompanied by the security for costs required by the statute they did not become complete until
above, I find that the Court can relieve against any such failure to make payment and in the
present case I consider any delay in that respect to have been cured.
[119] The applicants’ evidence is that while they knew of the calls they had received on or
before May 2, 2011, they did not suspect that the calls were attempts to mislead them until the
story of the investigation broke in the national media on and after February 22, 2012. There is
evidence that the CBC reported that Elections Canada was warning voters to ignore false
information about polling station changes before the polls opened on May 2, 2011 and evidence
of several media reports after the Election. The evidence does not establish how widely those
reports were disseminated, how often they were repeated by media outlets or whether they were
published by local news media. There is no evidence that the applicants saw or heard any of
these early news reports.
[120] The applicants say that they did not know that the calls they received were not from
Elections Canada or candidates at the time they were received. They did not discover that the
calls were false and maliciously motivated until: in the case of the applicants Ferance, Walsh
Craig, Kafka, and McEwing, late February 2012, and for Parlee, Reid, and Kerr, early March
2012. Kay Burkhart, applicant in the district of Saskatoon-Rosetown-Biggar, is silent on when
she became aware of the occurrence. Supporting affidavits from Gail Nardi (Yukon) and
Christopher Lanctot (Saskatoon-Rosetown-Biggar) also state that they became aware of the
2013 FC 525 (CanLII)
those sums were paid, after the 30 days were up, and thus were not “filed” within time. As noted
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