Service of Documents under the RLSA

From Caselaw.Ninja


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2022-06-27
CLNP Page ID: 1184
Page Categories: [Repair Storage & Liens], [Small Claims Court Procedures]
Citation: Service of Documents under the RLSA, CLNP 1184, <https://caselaw.ninja/r/3T>, retrieved on 2022-06-27
Editor: Sharvey
Last Updated: 2021/08/23



Repair and Storage Liens Act, R.S.O. 1990, c. R.25[1]

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.


[1]

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.

[2]

O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT

1.02 (1) In these rules,

...
"electronic” includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means, and “electronically” has a corresponding meaning; (“électronique”, “par voie électronique”)
...

8.08 (1) Except as otherwise specified in any other rule, if a document is to be served by email under these rules, it shall be sent to,

(a) the last email address provided by the person to be served or the person’s representative or, if no email address is provided, to the person’s or representative’s last known email address; or
(b) in the case of a lawyer or paralegal whose email address is not provided, the email address for the lawyer or paralegal as published on the Law Society of Ontario’s website. O. Reg. 108/21, s. 9.
...

(3) The email message to which a document served by email in accordance with these rules is attached shall include,

(a) the sender’s name, address, telephone number, and email address;
(b) the name of the person or representative being served;
(c) the date and time of the email; and
(d) the name and telephone number of a person to contact in the event of a transmission problem. O. Reg. 108/21, s. 9.
(4) Service of a document by email is deemed to be effective,
(a) on the day the email is sent; or
(b) if the email is sent between 4 p.m. and midnight, on the following day. O. Reg. 108/21, s. 9.

8.09 (1) A party whose address for service changes shall serve notice of the change on the court and other parties within seven days after the change takes place. O. Reg. 78/06, s. 16.

(2) Service of the notice may be proved by affidavit if the court orders that proof of service is required. O. Reg. 78/06, s. 16.

[3]

Quartey v. Ontario (Legal Aid), 2005 CanLII 46762 (ON SC)[4]

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.

[4]

Erskine v. Middlesex (County), 2016 CanLII 67465 (ON LPAT)[5]

[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.

[5]

References

  1. 1.0 1.1 Repair and Storage Liens Act, R.S.O. 1990, c. R.25, <https://www.ontario.ca/laws/statute/90r25>, reterived 2021-03-26
  2. O. Reg. 427/15: GENERAL, <https://www.ontario.ca/laws/regulation/150427>, reterived 2021-03-26
  3. O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT, <https://www.ontario.ca/laws/regulation/980258>, reterived 2021-03-26
  4. 4.0 4.1 Quartey v. Ontario (Legal Aid), 2005 CanLII 46762 (ON SC), <https://canlii.ca/t/1m6rn>, retrieved on 2021-03-26
  5. 5.0 5.1 Erskine v. Middlesex (County), 2016 CanLII 67465 (ON LPAT), <https://canlii.ca/t/gv21d>, retrieved on 2021-03-26