Service of Notice (LTB) - Registered Mail

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-06-03
CLNP Page ID:	1866
Page Categories:	[Defective Notice (LTB)]
Citation:	Service of Notice (LTB) - Registered Mail, CLNP 1866, <6J>, retrieved on 2024-06-03
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).

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.