Service of Notice (LTB) - Registered Mail

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-05
CLNP Page ID:	1866
Page Categories:	[Defective Notice (LTB)]
Citation:	Service of Notice (LTB) - Registered Mail, CLNP 1866, <6J>, retrieved on 2024-05-05
Editor:	Sharvey
Last Updated:	2022/02/08

Residential Tenancies Act, 2006, S.O. 2006, c. 17

191 (1) A notice or document is sufficiently given to a person other than the Board,

(a) by handing it to the person;

(b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates;

(c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit;

(d) by leaving it in the mail box where mail is ordinarily delivered to the person;

(e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person;

(f) by sending it by mail to the last known address where the person resides or carries on business; or

(g) by any other means allowed in the Rules. 2006, c. 17, s. 191 (1).

...

(2) A notice or document that is not given in accordance with this section shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within the required time period. 2006, c. 17,

(3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing. 2006, c. 17, s. 191 (3).

Landlord & Tenant Board Rules of Procedure

3.1 In addition to methods of service identified in the RTA a document may be served on a person or party, other than a party covered by Rule 3.3, by:

...

e. regular or registered mail using the address for service provided by the party;

...

3.9 A document is considered served on the:

a. fifth day after mailing;

a. date on the fax confirmation receipt when sent by fax;

b. day after it was given to the courier when sent by courier, or if that day is a holiday, the next day that is not a holiday;

c. day it was sent when sent by email;

d. day it was given to the person when delivered by hand.

Procedural Issues Regarding Eviction Applications - Interpretation Guideline 10

The Notice of Termination (the Notice) is an essential step in the landlord's process of evicting a tenant1 (except section 77 and 78 applications). The Board will not terminate a tenancy and order eviction of the tenant unless the tenant has received a valid Notice of Termination from the landlord and the landlord has successfully proved the ground claimed in the Notice at the hearing of the application.

If the document given to the tenant or the method or time of service are defective, in most cases this will result in dismissal of the application or the denial of the eviction portion of the application.

TEL-23178 (Re), 2009 CanLII 51176 (ON LTB)

Determinations:

1. The Landlord served the Tenant the N4 Notice of Termination as well as the L1 application and the Notice of Hearing by registered mail. The N4 Notice of Termination was returned to the Landlord as unclaimed by the Tenant. The L1 application and Notice of Hearing have not been signed for, by the Tenant, as of the day of the hearing.

2. The Tenant was not served the Notice of Termination or the application and Notice of Hearing in a manner approved by the Board. In fact the Tenant has never received a copy of the documentation. As per section 191 (2) of the Residential Tenancies Act, 2006 and Rule 5 of the Landlord and Tenant Board and specifically rule 5.1, the Board can accept a method of service other than those listed if it can be proven that the documents came to the attention of the intended party. In this matter the Notice of Termination could not have come to the attention of the Tenant as it was returned to the Landlord.

It is ordered that:

1. The Landlord's application is dismissed without prejudice.