“Although Mosley ultimately decided not to overturn the election results in the six ridings targeted by the applicants, he concluded that there was, in fact, evidence of fraud – and had little praise for either the arguments, or the tactics employed by the Conservative Party in its defence, which he summed up in his concluding findings on costs:”
These proceedings have had partisan overtones from the outset. That > was particularly evident in the submissions of the respondent MPs. > In reviewing the procedural history and the evidence and considering > the arguments advanced by the parties at the hearing, it has seemed to > me that the applicants sought to achieve and hold the high ground of > promoting the integrity of the electoral process while the respondent > MPs engaged in trench warfare in an effort to prevent this case from > coming to a hearing on the merits. > > // > > Despite the obvious public interest in getting to the bottom of the > allegations, the CPC made little effort to assist with the > investigation at the outset despite early requests. I note that > counsel for the CPC was informed while the election was taking place > that the calls about pollingstation changes were improper. While it > was begrudgingly conceded during oral argument that what occurred was > “absolutely outrageous”, the record indicates that the stance taken by > the respondent MPs from the outset was to block these proceedings by > any means. > > The preliminary stages were marked by numerous objections to the > evidence adduced by the applicants. The respondent MPs sought to > strike the applications on the ground that they were frivolous and > vexatious, to have them dismissed as champertous and to require > excessive security for costs, in transparent attempts to derail this > case.