Judge approves ballot recount in Windsor—Tecumseh—Lakeshore

A judge on Friday announced that a ballot recount will be ordered in the riding of Windsor—Tecumseh—Lakeshore, where the Conservative candidate emerged victorious by less than 100 votes in the April 28 federal election. Ontario Superior Court Justice J. Ross Macfarlane made the decision after reviewing the evidence presented by the legal team representing the Liberals’ Irek Kusmierczyk, determining that a judicial recount was warranted.

During the court hearing conducted over Zoom, Justice Macfarlane expressed his satisfaction with the evidence provided by Kusmierczyk’s legal team, leading to the decision to proceed with the recount. The recount is scheduled to take place in the coming weeks, with both parties preparing to present their arguments based on the ballot results.

Following the hearing, Kusmierczyk expressed gratitude for the judge’s decision, stating, “We got a shot. That’s all we asked for.” He emphasized the importance of ensuring clarity and confidence in the election results for the community. On the other hand, Conservative candidate Kathy Borrelli acknowledged the judge’s ruling and pledged full cooperation with the recount process.

The margin of victory between Kusmierczyk and Borrelli was a mere 77 votes, just shy of the threshold required for an automatic recount based on the total votes cast in the riding. More than 500 ballots were rejected out of approximately 70,000 votes, prompting Kusmierczyk’s legal team to present affidavits from scrutineers who alleged that some of the rejected ballots were valid.

The scrutineers claimed to have witnessed rejected ballots with clear markings in support of Kusmierczyk, arguing that the intent of the voters was evident despite additional markings on the ballots. To illustrate their point, replica ballots were used to recreate the markings during the court hearing, demonstrating the alleged errors in the ballot rejection process.

Both legal teams did not dispute the claims made by Kusmierczyk’s representatives, with Borrelli’s lawyer, Eli Mogil, agreeing with the need for a recount. The judge and the legal teams discussed the logistics of the recount, aiming to complete the process before Parliament reconvenes on May 26.

The recount is set to commence on May 20 at an office in the Green Valley Plaza in Tecumseh, with representatives from all parties meeting on May 12 to finalize the details. Kusmierczyk expressed confidence in closing the 77-vote gap during the recount, emphasizing the importance of the opportunity to scrutinize the ballots and ensure a fair and accurate outcome.

In conclusion, the judicial recount in Windsor—Tecumseh—Lakeshore is poised to provide clarity and confidence in the election results, with both parties gearing up for a thorough examination of the ballots to determine the rightful winner of the riding.