Does a voter's intention under section 77(5) of the Rules of Civil Procedure apply to a mark?
Ontario, Canada
The following excerpt is from In the Matter of a Judicial Recount Arising out of the 40th General Election in the Electoral District of Kitchener-Waterloo Held on October 14, 2008 (Re), 2008 CanLII 64382 (ON SC):
Again referring to O'Donohue v. Silva, supra, Robins J.A., at p. 166 O.R., offered this comment: I am of the opinion that in deciding whether a given mark amounts to the "casting" of a vote, the voter's intention as manifested by the nature of the mark is a relevant consideration to be taken into account in determining whether the vote must be rejected under s. 77(5).
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