Canada's highest court has ruled that a former Alberta MLA may continue his $2.2-million lawsuit against the province's former chief electoral officer Glen Resler.
In a judgment released early Friday, a majority of Supreme Court of Canada justices found that there was sufficient legal basis for Joe Anglin's claim to proceed and that it was based on a reasonable cause of action.
Court rejects abuse of process claims
Justice Mary Moreau wrote that Anglin's claim does not constitute a collateral attack on the 2015 election result or an abuse of process. She stated that the claim assumes the unimpeachability of the election result and seeks compensation for misfeasance during the election process.
Resler had argued that Anglin's claim was a thinly veiled attempt to challenge the result of his failed re-election bid and therefore an abuse of process. He also argued the lawsuit was barred by parliamentary privilege and by immunity provisions in Alberta's Election Act.
Misfeasance as a legal avenue
The court rejected those arguments, writing that the case could have future implications beyond Anglin's legal claim. The ruling states that the tort of misfeasance in public office is a legitimate legal avenue through which a candidate can challenge the misconduct of public officials without challenging the membership of the legislature.
The court noted that the Election Act itself leaves a door open to civil proceedings where bad faith is alleged.
The court did not rule on the merits of Anglin's allegations, only that they should not be struck out before they were tested at trial.
Justice Suzanne Côté dissented and wrote that she would have dismissed the appeal.
Decade-long legal battle
The ruling is the latest in a decade-long legal battle between the former MLA and Resler, who served as the province's chief electoral officer until May 2024.
Anglin alleged Resler acted in bad faith and improperly launched investigations that damaged his chances of re-election in the Rimbey-Rocky Mountain House-Sundre riding he won for the Wildrose Alliance three years before. He is seeking $2.2 million in compensation.
Resler investigated several complaints against Anglin during the 2015 campaign, which ended with the incumbent MLA finishing fourth of four candidates, behind winner and current Finance Minister Jason Nixon.
One investigation resulted in a $250 fine levied over issues with Anglin's campaign signs, some of which read "Re-Elect Joe Anglin M.L.A.," even though the legislature had been dissolved.
Anglin, a former U.S. Marine, was later fined an additional $500 after a copy of the electors list was found in a cabinet from his office after it was sold as surplus inventory. However, that fine was ultimately rescinded with a judge citing procedural unfairness.
