Service by Email (LTB): Difference between revisions

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<ref name="Rules">Landlord and Tenant Board Rules of Procedure, Amended December 2020, Rule 15 - Amending Applications, <https://rvt.link/38>, retrieved 2023-02-01</ref>
<ref name="Rules">Landlord and Tenant Board Rules of Procedure, Amended December 2020, Rule 15 - Amending Applications, <https://rvt.link/38>, retrieved 2023-02-01</ref>


==Residential Tenancies Act, 2006, S.O. 2006, c. 17<ref name="RTA"/>==
191 (1) A notice or document is sufficiently given to a person other than the Board,
::...
::(g)  by any other means allowed in the Rules.  2006, c. 17, s. 191 (1).
<b>Same, tenant or former tenant no longer in possession</b>
:(1.0.1) Despite subsection (1), a notice or document is sufficiently given to a tenant or former tenant who is no longer in possession of a rental unit,
::...
::(d)  by any other means allowed in the Rules. 2020, c. 16, Sched. 4, s. 29.
<b>Same, Part V.1</b>
:(1.1) Despite subsection (1), for the purposes of Part V.1, a notice or document is sufficiently given to a person other than the Board,
::...
::(g)  by any other means allowed in the Rules. 2013, c. 3, s. 42.
<b>When notice deemed valid</b>
:(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, s. 191 (2).
<ref name="RTA">Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK288>, retrieved 2023-09-25</ref>
==References==
==References==

Revision as of 15:59, 25 September 2023


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-11-23
CLNP Page ID: 2282
Page Categories: Hearing Process (LTB), Defective Notice (LTB)
Citation: Service by Email (LTB), CLNP 2282, <>, retrieved on 2024-11-23
Editor: Sharvey
Last Updated: 2023/09/25

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Social Justice Tribunals Ontario Common Rules[1]

A3.1 The rules and procedures of the tribunal shall be liberally and purposively interpreted and applied to: promote the fair, just and expeditious resolution of disputes, allow parties to participate effectively in the process, whether or not they have a representative, ensure that procedures, orders and directions are proportionate to the importance and complexity of the issues in the proceeding.

A3.2 Rules and procedures are not to be interpreted in a technical manner.

...

A4.2 The tribunal may vary or waive the application of any rule or procedure, on its own initiative or on the request of a party, except where to do so is prohibited by legislation or a specific rule.


Landlord and Tenant Board Rules of Procedure[1]

1.6 In order to provide the most expeditious and fair determination of the questions arising in any proceeding the LTB may:

a. waive or vary any provision in these Rules and may lengthen or extend any time limit except where prohibited by legislation or a specific Rule;

...

Service by Email

3.5 Parties may consent in writing at any time to service by email.
3.6 Consent to service by email may be revoked at any time by giving notice in writing to the person or party.
3.7 Where a party does not consent to service of a document by e-mail, the LTB may permit the document be served by e-mail on such terms as are just.

[1]

Residential Tenancies Act, 2006, S.O. 2006, c. 17[2]

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

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

Same, tenant or former tenant no longer in possession

(1.0.1) Despite subsection (1), a notice or document is sufficiently given to a tenant or former tenant who is no longer in possession of a rental unit,
...
(d) by any other means allowed in the Rules. 2020, c. 16, Sched. 4, s. 29.

Same, Part V.1

(1.1) Despite subsection (1), for the purposes of Part V.1, a notice or document is sufficiently given to a person other than the Board,
...
(g) by any other means allowed in the Rules. 2013, c. 3, s. 42.

When notice deemed valid

(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, s. 191 (2).


[2]

References

  1. 1.0 1.1 1.2 Landlord and Tenant Board Rules of Procedure, Amended December 2020, Rule 15 - Amending Applications, <https://rvt.link/38>, retrieved 2023-02-01
  2. 2.0 2.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK288>, retrieved 2023-09-25