Judge rejects last-minute bid to extend Tory leadership race

One of the strangest, most unpredictable leadership races in recent Canadian political history can wrap up Saturday as planned, a judge ruled Friday after hearing a lastminute request to extend the vote by a week.

Justice Todd Archibald rejected arguments that the outcome to be announced Saturday — and the resulting new Tory leader — would be illegitimate because many Tories were unable to cast electronic ballots.

Archibald acknowledged that some members have been disenfranchised, but said the balance of convenience in the case “dramatically favours” the party and its plans.

“Given the short timeline until the June 7, 2018 election, another week without a leader will result in irreparable damage to the entire party,” he wrote. “Having a leader in place by tomorrow will benefit the entire party membership.”

Plagued by glitches, the voting officially ended at noon Friday, and the results are scheduled to be announced Saturday afternoon.

But Jeff Radnoff, the lawyer for one disgruntled party member, said earlier the election would produce a legally invalid leader unless balloting is extended, and Saturday’s event postponed.

“What is the cost of not extending the election?” he asked the Superior Court judge. “What we then have is an illegitimate person who is now the leader of the PC party. Is that then going to cause further litigation, questions, challenges, when we’re facing a June election date?”

Radnoff represented Conservative member Christopher Arsenault, who filed a last-minute injunction request Thursday evening, arguing voting had to be continued to avoid disenfranchising countless Tories.

He cited evidence that numerous members had still not received letters containing the secret code they need to register for the election by the registration deadline Thursday evening.

About 190,000 Ontarians are paid-up members of the party, while just over 71,000 had registered at the deadline. Only after they have been registered, or verified, can they receive another PIN number and vote.

By Friday at noon, 64,053 had cast ballots — more than ever before, party officials say, but only about a third of those eligible to vote.

Archibald said the fact so many more Tories voted than in previous leadership races is a “very important point” that undercut the case for an injunction.

Leadership candidate and Toronto businessman Doug Ford has led the charge to extend voting, calling the process corrupt, unfair and biased toward Christine Elliott, his chief rival in the race.

Two other contenders — lawyer Caroline Mulroney and social-conservative advocate Tanya Granic Allen — have backed his call, but Elliott has not.

A Christopher Arsenault is listed by Elections Ontario as having donated $1,200 to Ford’s campaign, but Radnoff said the candidate had nothing to do with the case.

Still, affidavits provided by other PC members to support the court application all cited emails sent to Stephen Thiele, a lawyer for the Ford leadership team.

“Doug Ford can say this is a grassroots application … but Ford’s campaign is all over this,” said a Conservative source. “This is completely political.”

Gina Brannon, a lawyer representing the party, told the court Friday that there are several reasons the vote cannot be extended, not least because of the need to pick a leader and start fighting the general election, which must be called for a date no later than June 7.

“Every member of our party would like to see us form the government; you can’t do that without a leader on the hustings,” she said. “You have to draw a line in the sand. This cannot be a never-ending story … or we would never pick a leader.”

Radnoff and a lawyer appearing for Granic Allen argued that the cut-off issue is a technicality that could be easily addressed, and shouldn’t be held against Tories who did not get an opportunity to vote.

Meanwhile, there is still another step to the complex process. All the electronic ballots must be printed out, then scanned into a computer by accounting firm Deloitte, and finally counted electronically.