Byelection case dismissed

The court case over the City byelection is over.

Serena Oh’s attempt to overturn February’s Langley City byelection results through the courts was dismissed last month.

At a hearing in the B.C. Supreme Court in New Westminster, Oh’s petition was dismissed by a judge.

Oh had claimed the results of the Feb. 27 vote were “manipulated” and that she had received twice as many votes as Nathan Pachal, who won the vacant City council seat with 740 votes.

In fact, Oh received 57 votes, the least out of the nine candidates in the race.

The City’s response to Oh’s legal case noted the lack of evidence that anything unusual had taken place during the vote.

“There is no evidence to support the allegation that Ms. Oh received the majority of votes, that the vote tally is incorrect, or that the election was not conducted in accordance with the local government act…” said the City’s response to Oh’s suit, presented by lawyer Francesca Marzari.

The response also noted that all the ballots issued and cast were accounted for, and that the total amount of ballots issued balanced with the ballots cast and unused.

The City’s response also said that Oh had a legal history “of raising unproven allegations of discrimination and fraud.”

It noted Oh’s extensive series of legal cases, including those involving the City of Burnaby, going back to 2009.

In 2012, Oh was declared a vexatious litigant, and was ordered not to start any legal proceedings in the Supreme or Provincial Courts without the permission of the court.

Oh should have applied for a recount earlier, within nine days of the close of voting, the City’s response said.

Oh represented herself in the court case.

 

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