Service of Documents under the RLSA

Repair and Storage Liens Act, R.S.O. 1990, c. R.25

27 (1) A document required or permitted to be given under this Act may be,

(a) given personally;

(b) sent by certified or registered mail or prepaid courier to,

(i) the intended recipient’s address for service if there is one,

(ii) the last known mailing address of the intended recipient according to the records of the person sending the document, where there is no address for service, or

(iii) the most recent address of the intended recipient as shown on a claim for lien or change statement registered under this Act or as shown on a financing statement or financing change statement registered under the Personal Property Security Act; or

(c) given by any other prescribed method of delivery. 2014, c. 9, Sched. 4, s. 4.

(2) Despite subclauses (1) (b) (i) to (iii), a document referred to in subsection (1) that is sent by certified or registered mail or prepaid courier to a person or entity of a prescribed class shall be sent to a prescribed place. 2014, c. 9, Sched. 4, s. 4.

(3) A document referred to in subsection (1) is deemed to have been given,

(a) if sent by certified or registered mail, on the earlier of,

(i) the day the intended recipient actually receives it, or

(ii) the tenth day after the day it is sent; or

(b) if given by a prescribed method of delivery, on a prescribed day. 2014, c. 9, Sched. 4, s. 4.

O. Reg. 427/15: GENERAL

5. (1) The following methods of delivery are prescribed for the purposes of clause 27 (1) (c) of the Act:

1. Fax.

2. Electronic transmission.

(2) A document sent by fax or by electronic transmission is deemed to have been given on the earlier of,

(a) the day the intended recipient actually receives it; or

(b) the first business day after the day it is sent.

Quartey v. Ontario (Legal Aid), 2005 CanLII 46762 (ON SC)

22] At the conclusion of oral arguments, I gave the parties a very clear indication of my views in respect of these motions. Clarification was sought by the plaintiff in respect of the time within which he would be able to file an appeal of the decision of the Area Director. The affidavit of Ms. Hall stated that an appeal would still be accepted and determined, provided it is made in a timely fashion from the present time. Counsel for LAO advised the Court that this would be a minimum of 7 business days from the date of notification of these reasons. These reasons are being sent to the plaintiff by both email and regular mail. The reasons sent by email will be deemed to have been received by the plaintiff 48 hours after electronic transmission.

Erskine v. Middlesex (County), 2016 CanLII 67465 (ON LPAT)

[10] The Parties did acknowledge that meetings of experts prior to the Hearing for the purpose of resolving or refining issues and/or agreeing on facts should be directed by the Procedural Order. The Board also suggests that the precedent Procedural Order appended to the Board’s Rules should be modified to authorize the service of documents by electronic transmission and that email addresses be included for all counsel.