Item - 2023.EA2.1

The Compliance Audit Committee granted the Applicant's request to withdraw the Compliance Audit Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Grant Gonzales for the following reasons:

1. The Compliance Audit Committee held a hearing on July 13, 2023 to hear Item EA2.1 the Application of Kevin Wiener for a compliance audit of the Election Campaign Finances of the Respondent, Grant Gonzales.

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 did not object to 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 EA2.1 - Compliance Audit Application by Kevin Wiener for the Election Campaign Finances of Grant Gonzales and to receive advice that is subject to solicitor-client privilege.

Application for a Compliance Audit received June 29, 2023, from applicant Kevin Wiener for candidate Grant Gonzales for City Councillor Ward 9 Davenport.