What is the test for a notice of poll in a division?

Whether the second of the conditions has been met in the instant case is difficult to assess. The respondents point out that the margin between the candidates was 23 votes. However, out of 103 eligible voters only 65 voted. The relator contends that if proper notice had been given the voter turnout would have increased dramatically. "The object of posting up the 'notice of poll' is no doubt to inform the voters of the division where and when they may poll their votes:" per McKay, J.A., in Rex ex rel. Wassill v. Reid, 1928 CanLII 122 (SK CA), [1928] 2 W.W.R. 436, at p. 439.

The onus of proving that the omission to comply with the statute has not affected the result is upon the respondents: Rex ex rel. Wassill v. Reid, supra. Mainly for the reason that a great number of eligible voters in the division did not vote, notwithstanding the margin between the candidates, the respondents have failed, in my opinion, to discharge that onus.