Lawyer for Shelly Glover argues court has jurisdiction to hear leadership race challenge

Manitoba's newly elected Progressive Conservative Leader and the province's new premier, Heather Stefanson, right, greets opponent Shelly Glover at a victory party after defeating her in a leadership race in Winnipeg, Saturday, October 30, 2021. THE CANADIAN PRESS/John Woods

WINNIPEG -

The lawyer representing Shelly Glover filed a brief with the court on Monday explaining to the judge why the court has jurisdiction to hear a legal challenge on the results of the Progressive Conservative leadership race.

Glover lost to Heather Stefanson by 363 votes and did not concede in the race.

Following the results, Glover called on the Court of Queen's Bench to throw out the results and order a new vote.

As part of the brief, her lawyer, David Hill, explained a similar incident in Ontario during the leadership race for the Progressive Conservative Party of Ontario in 2018.

A member did not receive a number that was required to vote and was seeking an interlocutory injunction that prevented the party from ending the voting period for a week.

The applicant said the party is like a voluntary organization and that meant the court had jurisdiction to hear the matter.

"Justice Archibald agreed with the principle that courts have jurisdiction over disputes between members of voluntary organizations," Hill wrote in the brief.

The court ruled it had the authority to hear the case.

Another example Hill used was from the Supreme Court of Canada, which said courts have jurisdiction to intervene involving voluntary associations, "only where a legal right is affected."

Hill said in the brief that Glover has no other way to deal with the matter.

"Her only option is to apply to the court for relief, as she has done."

He added the decision in Ontario said the court has to intervene after an election if there was unfairness or an illegal process.

"The Applicant has no other remedies available to her in order to address this matter. She must proceed with this application in order to obtain the relief she is seeking."

Lawyers for Glover and the PCs are scheduled to return to court on Nov. 19, at which time the judge will determine if the case will be heard.

The PCs have previously stated there was no unfairness in the election process.