Civil Procedure Rules of Nova Scotia  
To conduct a search focused only on the
Civil Procedure Rules, use this search box
   

Part 15 - Other Kinds of Proceedings

Rule 69 - Controverted Election

Scope of Rule 69
69.01 (1) This Rule is made under Section 66 of the Controverted Elections Act.
  (2) The Rules outside this Rule apply to a proceeding under the Controverted Elections Act, except the Act and this Rule prevail over a Rule that is inconsistent with the Act or this Rule.
  (3) A person who is permitted by the Controverted Elections Act to contest a return or complain of an unlawful act of a candidate may start a proceeding under that Act and have it determined, in accordance with this Rule.
       
Election petition
69.02 (1) An election petition must contain a standard heading written in accordance with Rule 82 - Administration of Civil Proceedings, be entitled “Election Petition”, and include all of the following:
   
(a)
a statement indicating the date of the election, the electoral district, and the petitioner’s status as a candidate or a person who had a right to vote in the election;
   
(b)
a statement indicating which of the claims referred to in Section 5 of the Controverted Elections Act is made by the petitioner and providing the return date under the election writ, or the date of an alleged corrupt practice;
   
(c)
a concise statement of the grounds for the claim, including, as applicable, a list of votes to which the petitioner objects in a claim that a different candidate be returned, a list of objections pertaining to a claim of an undue return, and the particulars of the persons involved and time, date, and place of an alleged corrupt practice;
   
(d)
the petitioner’s request for relief, such as that a person be declared duly returned, the election be declared void, or a return be enforced;
   
(e)
a notice of the time, date, and place when and where the petitioner will make a motion to a judge for the appointment of a trial date and to give other directions;
   
(f)
a notice that the judge may proceed in the absence of the respondent, if the respondent or counsel does not attend the hearing of the motion;
   
(g)
a notice that the respondent is required to file a designation of address for delivery in accordance with Rule 31.18, of Rule 31 - Notice;
   
(h)
if there is only one petitioner, the address for delivery of documents to the petitioner, and if there is more than one petitioner, one address for all petitioners or a separate address for each petitioner.
  (2) Counsel who represents a petitioner may sign the election petition in addition to the signature of the petitioner.
  (3) The election petition may be in Form 69.02.
       
Notice to respondent
69.03   The petitioner must cause each respondent to be notified of the proceeding, in accordance with Rule 31 - Notice, no less than ten days before the date the motion is to be heard.
       
Petition as application
69.04 (1) The provisions of Rule 5 - Application, apply to a proceeding under the Controverted Elections Act as if the election petition were a notice of application in court, unless a judge orders otherwise.
  (2) The trial of an election petition must be conducted in the same manner as the hearing of an application in court, unless a judge orders otherwise.
       
Directions and date for hearing
69.05 (1) A judge who hears a motion provided for in an election petition may do anything a judge may do under Rule 5.09, of Rule 5 - Application, except the provisions about a notice of application or notice of contest do not apply and the date for the hearing must be on or before the deadline in subsection 28(1) of the Controverted Elections Act.
  (2) The judge may also ascertain whether the particulars of the petitioner’s claim are complete and, if they are not complete, order the petitioner to file a statement of particulars and set a deadline for the filing.
  (3) The judge may adjourn the hearing of the motion to give further directions or to appoint a time, date, and place for the trial.
  (4) The prothonotary must, within the time required by subsection 27(3) of the Controverted Elections Act, cause a notice of the time, date, and place of the hearing to be delivered to the address for delivery of each party who is entitled to notice, to the returning officer, and to any other person as directed by the judge.
       
Election document as evidence
69.06 (1) A Returning Officer or Chief Electoral Officer who has control of an election document for an election to which a petition relates must deliver the document to the prothonotary no less than ten days before the day the petition is to be heard.
  (2) A judge who is satisfied that a copy of an election document is sufficient for trial may order that the Returning Officer or Chief Electoral Officer keep custody of the original and give a copy certified by the officer to the prothonotary no less than ten days before the day the petition is to be heard.
  (3) The prothonotary must, when delivering the certificate referred to in Section 79 of the Controverted Elections Act, do as follows with an original election document:
   
(a)
return to the Chief Electoral Officer all original documents delivered by that officer to the prothonotary, whether or not the document has been marked as an exhibit, to be held under Section 173 of the Elections Act;
   
(b)
return to the Returning Officer a poll book, whether or not it has been marked as an exhibit, to be dealt with in accordance with Sections 169 and 173 of the Elections Act;
   
(c)
return an original document delivered by the Chief Electoral Officer or the Returning Officer that has not been marked as an exhibit.
       
Substitute parties
69.07 (1) A person who wishes to be substituted for a deceased petitioner under Section 62 of the Controverted Elections Act may make a motion in accordance with Rule 23 - Chambers Motion, or by such other manner of making a motion, under Part 6 - Motions, as a judge permits.
  (2) A person may be joined as a respondent or an intervenor in accordance with Rule 35 - Parties, as if the petition were a notice of action.
  (3) In a proceeding to which Section 63 of the Controverted Elections Act applies, a judge may give directions on each of the following:
   
(a)
how the returning officer is to give notice to potential respondents;
   
(b)
the content of the notice;
   
(c)
the time for an eligible person to make a motion to be joined as a respondent.
       

<< GO BACK TO PART 15, RULE 68
CLASS PROCEEDING

<< GO TO INDEX OF RULES >>

GO TO PART 15, RULE 70
ASSESSMENT OF DAMAGES >>