Item - 2021.EA8.3

The Compliance Audit Committee:

Granted the Applicant's request to withdraw the Compliance Audit Application.

1. The Compliance Audit Committee held an electronic hearing on July 21, 2021 to hear Item EA8.3 the Application of Roland Lin for a compliance audit of the Election Campaign Finances of the Respondent, Tony Luk.

2. At the start of the hearing, the Applicant made a request to withdraw the Application. 

3. The Committee considered section 88.33(1) of the Municipal Elections Act, 1996, which states:

88.33 (1) An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate’s election campaign finances…

4. While these are unusual circumstances, the Committee determined that the Applicant's request to withdraw may be permitted as the withdrawal request indicates reasonable grounds for the Application may no longer exist.

5. Additionally, section 4.6(1) of the Statutory Powers Procedure Act enables the Committee to dismiss a proceeding without a hearing if it is frivolous, vexatious or is commenced in bad faith. The Committee decided that given the Applicant's request to withdraw the Application, it would be frivolous to proceed.

6. While the Committee did not hold a hearing to assess the merits of this matter, these reasons could support a decision to reject the Application in accordance with section 88.33(7).

7.  The Respondent was not present and made no submissions on the Applicant's request to withdraw the Application.

The Compliance Audit Committee recessed its public session to meet in closed session to deliberate in private on Item EA8.3 - Compliance Audit Application by Roland Lin for the Election Campaign Finances of Tony Luk and to receive advice that is subject to solicitor-client privilege.

Application for a Compliance Audit received June 28, 2021 , from applicant Roland Lin for candidate Tony Luk for City Councillor Ward 22 Scarborough-Agincourt.