What law applies to amend a petition under the Controverted Elections Act?
Saskatchewan, Canada
The following excerpt is from Storey v. Zazelenchuk, 1984 CanLII 2426 (SK CA):
As did the learned trial judge I first turn my attention to the application made by the appellant to amend the petition. I am of the opinion that the law appertaining to amending petitions under the Controverted Elections Act is that set out by this court in Gross v. Wiebe and Martens, 1976 CanLII 960 (SK CA), [1976] 5 W.W.R. 394, and the learned trial judge did not err in relying upon that judgment. I further agree with the learned trial judge that the amendments sought were matters of substance and not merely form. An objection under s. 28(2)(d) of the Election Act is on an absolutely different basis than is an objection under s. 28(2) (c).
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