OTTAWA – A divided Supreme Court of Canada has ruled that Conservative MP Ted Opitz legitimately won his seat in the Toronto riding of Etobicoke Centre in the May 2011 federal election.

By a 4-3 margin, the high court has allowed Opitz’s appeal, overturning a lower court ruling that voided his slim election win due to voter irregularities.

Opitz was appealing an Ontario Superior Court ruling that set aside his victory over Liberal incumbent Borys Wrzesnewskyj after identifying procedural irregularities with 79 ballots.

The Supreme Court has overturned the lower court ruling because it said 59 of those rejected votes should have been allowed to stand.

The court said while there were administration problems for voter registration, a person’s entitlement to vote shouldn’t be cancelled out by procedural errors.

The Liberals said these issues show the laws need to change, something Prime Minister Stephen Harper would consider.

“We’ll always take a look at a “

Opitz said in this case the ruling confirms a fair election took place, and the result is clear.

Wrzesnewskyj may have lost the case but he doesn’t see it that way.

“I believe we’ve all won. This has shone a light – not just on all the various problems that occured during the last election campaign, but the law is outdated. It needs updating.”

The decision marks the first time the Supreme Court has ruled on the validity of an election result in a federal riding in the modern era under the current Canada Elections Act.

Three justices, opposed the ruling, saying Ontario Superior Court Justice Thomas Lederer made “no palpable and overriding error” when he initially rejected 79 votes.