Toronto election result case to hear final arguments Wednesday

An Ontario Superior Court judge in Toronto heard a seventh day of arguments in an application to overturn last year's federal election result in the Toronto riding of in Etobicoke Centre.

Former Liberal MP Borys Wrzesnewskyj brought the court application to overturn the results of last May's election, claiming that some voters were allowed to vote twice in his riding due to errors at polling stations.

Elections Canada, which says it is a neutral observer at the hearing, introduced new evidence in court on Monday. Lawyer David Di Paolo submitted emails from the returning officer for the riding, Allan Sperling, which were addressed to an Elections Canada lawyer.

The emails contain contradictory information from Sperling about conversations he had with the deputy returning officer and poll clerk about how many voters were registered at the polls on election day, and the number of voters who were allowed to vote at polling stations that were not their own.

Wrzesnewskyj's lawyer has raised examples of some 181 voters that perhaps should not have been allowed to vote at particular polls. Wrzesnewskyj lost to Conservative Ted Opitz by 26 votes.

Opitz, now the sitting MP, is dismissing the challenge, arguing the alleged "irregularities" were clerical errors and mistakes by poll staff, rather than an indication of wrongdoing by voters that had any bearing on the final result.

If the judge finds that more than 26 votes were cast illegitimately he can overturn the result and order a new vote for the riding, though such a decision could be appealed and the Supreme Court may ultimately decide the case.

The judge had hoped to conclude the hearing Tuesday, but closing arguments will be heard on Wendesday.

Read a recap of Leslie MacKinnon's live coverage from Tuesday: