Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"
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====d) Leaving a Copy of the Document at the Person’s Residence with an Adult Person who Apparently Resides with the Person to be Served==== | ====d) Leaving a Copy of the Document at the Person’s Residence with an Adult Person who Apparently Resides with the Person to be Served==== | ||
This method involves leaving the document with a person 19 years or older who, from what can be seen, observed, and is evident from all the circumstances, resides with the person to be served. Such documents are considered personally served, and so considered served on the day they are delivered. | This method involves leaving the document with a person 19 years or older who, from what can be seen, observed, and is evident from all the circumstances, resides with the person to be served. Such documents are considered personally served, and so considered served on '''the day they are delivered'''. | ||
====e) Leaving a Copy of the Document in a Mailbox or Mail Slot==== | ====e) Leaving a Copy of the Document in a Mailbox or Mail Slot==== | ||
This method involves leaving the document in a mailbox or mail slot. For serving tenants, this would be the place where the person to be served resides at the time of service. For landlords, this would be at the place where the person to be served carries on business as a landlord. You must make sure that the mailbox or mail slot actually belongs to the person being served, particularly where there are multiple boxes or slots for one building. | This method involves leaving the document in a mailbox or mail slot. For serving tenants, this would be the place where the person to be served resides at the time of service. For landlords, this would be at the place where the person to be served carries on business as a landlord. You must make sure that the mailbox or mail slot actually belongs to the person being served, particularly where there are multiple boxes or slots for one building. | ||
Documents left in a mailbox or mail slot are considered served on the third day after they are left | Documents left in a mailbox or mail slot are considered served '''on the third day after they are left'''. | ||
====f) Posting==== | ====f) Posting==== | ||
This method involves attaching a copy of the document to a door or other conspicuous place (a place that is clearly visible and likely to attract notice or attention). Placing a copy of the item under a door is not sufficient for service by “posting”. For serving tenants, this would be where the person resides at the time of service, and for serving landlords, this would be at the place where they carry on business as a landlord. | This method involves attaching a copy of the document to a door or other conspicuous place (a place that is clearly visible and likely to attract notice or attention). Placing a copy of the item under a door is not sufficient for service by “posting”. For serving tenants, this would be where the person resides at the time of service, and for serving landlords, this would be at the place where they carry on business as a landlord. | ||
Documents served by posting are considered served on the third day after they are attached. | Documents served by posting are considered served '''on the third day after they are attached'''. | ||
====g) Fax==== | ====g) Fax==== | ||
You can serve a party by fax if they have provided a fax number as their address for service. | You can serve a party by fax if they have provided a fax number as their address for service. | ||
Documents served by fax are considered served on the third day after faxing them. | Documents served by fax are considered served '''on the third day after faxing them'''. | ||
====h) Substituted Service==== | ====h) Substituted Service==== | ||
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===4. Proof of Service=== | ===4. Proof of Service=== | ||
Where service has been effected and a party fails to appear at a hearing, the other party should be prepared that service was effected. For personal service, this can be done by having the person who actually served the other party appear as a witness at the hearing, or provide a signed statement with details about service. For personal service on another adult apparently residing with the other party, details should be included about the date and time of service, identity of the person served, and description of how it was confirmed that the person apparently resides with the party being served. For registered mail, a Canada Post tracking printout providing information about the delivery of the registered mail item will suffice. Proof of service by other methods should include details about date, time, identity of persons served, address where notice was posted, fax number or mailbox information, and any other relevant information. Photographs of service can be valuable in proving that service occurred. | Where service has been effected and a party fails to appear at a hearing, the other party should be prepared to prove that service was effected. For personal service, this can be done by having the person who actually served the other party appear as a witness at the hearing, or provide a signed statement with details about service. For personal service on another adult apparently residing with the other party, details should be included about the date and time of service, identity of the person served, and description of how it was confirmed that the person apparently resides with the party being served. For registered mail, a Canada Post tracking printout providing information about the delivery of the registered mail item will suffice. Proof of service by other methods should include details about date, time, identity of persons served, address where notice was posted, fax number or mailbox information, and any other relevant information. Photographs of service can be valuable in proving that service occurred. | ||
==E. Review of Arbitrator’s Decision== | ==E. Review of Arbitrator’s Decision== | ||