What is the onus of a party to prove that there is an election irregularity?

British Columbia, Canada


The following excerpt is from Duperron v. School District No. 53 (Okanagan Similkameen), 2017 BCSC 20 (CanLII):

There is no ambiguity in the law about where the onus lies on this last issue. If an irregularity exists it is for the respondent to demonstrate that the irregularity did not materially affect the result of the election: see Sadler v. Town of Gibsons, 2009 BCSC 138 at paragraphs 62 and 70.

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