In a significant development for the Windsor–Tecumseh–Lakeshore federal election, a judge has ordered a recount following a razor-thin victory margin of just 77 votes. The decision came on Friday, May 9, 2025, from Ontario Superior Court Justice J. Ross Macfarlane, who expressed satisfaction with the evidence presented by the legal team representing Liberal candidate Irek Kusmierczyk.
"I am prepared to grant the order," Justice Macfarlane stated during a virtual court hearing. The recount is expected to commence on May 20, 2025, at the Green Valley Plaza in Tecumseh, with a goal to complete the process by May 22, ensuring that the results are available before Parliament reconvenes on May 26.
Kusmierczyk, who had served as the Member of Parliament for the riding since 2019, expressed gratitude for the judge's ruling. "We got a shot, that's all we asked for. Now it's up to the recount teams and counsel to look at those ballots and make those arguments," he remarked after the hearing. The former MP emphasized the need for clarity and confidence in the election results, stating, "At the end of the day, what we're after is clarity and confidence for this community in the results of the election."
The recount was prompted by the narrow margin between Kusmierczyk and Conservative candidate Kathy Borrelli, who initially led by 233 votes on election night, a lead that was later adjusted to 77 votes following validation by Elections Canada. This adjustment was due to the significant number of rejected ballots, which totaled over 500 out of approximately 70,000 cast in the riding.
Jeff Hewitt, a lawyer representing Kusmierczyk, argued that many of the rejected ballots should not have been dismissed, as the intent of the voters was clear. He presented affidavits from scrutineers, detailing instances where voters had marked their ballots in ways that should have been deemed valid, such as adding messages or additional marks next to Kusmierczyk's name. "The law stipulates a judge must order a recount if it appears that an election officer has incorrectly counted or rejected any ballots," Hewitt explained.
During the hearing, both sides acknowledged the necessity of a recount, with Borrelli stating in an email that she respects the judge's decision and her team would fully cooperate with the process. "It's important that voters are confident in the democratic process," Borrelli said, indicating her commitment to uphold the integrity of the election.
Kusmierczyk's campaign has highlighted that the Windsor-Tecumseh-Lakeshore riding had one of the highest counts of rejected ballots in Canada. This fact adds weight to the argument for a thorough examination of the ballots to ensure that every valid vote is counted. "There is an onus and an impetus on us to move quickly. We want to have an MP in that seat sooner rather than later," Kusmierczyk noted, emphasizing the urgency of resolving the election outcome.
The recount process, which is expected to take three days, will involve both parties' legal teams and representatives from Elections Canada. The counting will be conducted under the supervision of Elections Canada to ensure fairness and transparency. Kusmierczyk reassured his supporters that he would accept the recount results, stating, "We feel confident that we're gonna find those votes, but all we asked for is a shot and a second look, and that's what we were granted."
As the political landscape continues to evolve, the Liberal Party now faces multiple recounts across the country, sitting three seats short of a majority. The outcome of this recount could have significant implications not only for Kusmierczyk but also for the broader political dynamics in Canada.
With the stakes so high, both candidates are preparing for what promises to be a closely watched recount. As Kusmierczyk put it, "Now it's like the playoffs. You fought to get into this opportunity, to have this chance. And now it's up to our volunteers again, our recount teams, our counsel, to clinch it." The coming days will be crucial as the community awaits the results of the recount, hoping for a definitive resolution to this contentious election.
