Most of the discussion around applications to the Landlord and Tenant Board revolve around the content of the application, but today we are going to talk about how you deliver documents, and the LTB form "certificate of service."
The certificate of service is structured as a fill-in-the-blank form, who's purpose is to describe what was served, to where, and by whom. It can be found on the LTB website here. The 5 most common forms that may require service are listed on the certificate of service, they are:
Notice of Termination Form
Motion to Set Aside an Ex Parte Order
Request to Review an Order
Notice of Hearing
The certificate of service has 8 different ways to serve a document. In order, they are:
1) handing the document(s) to the person(s).
2) handing the document(s) to an authorized employee of the landlord.
3) handing the document(s) to an adult person in the tenant's rental unit.
4) leaving the document(s) in the mailbox, or place where mail is normally delivered.
5) placing the document(s) under the door of the rental unit or through a mail slot in the door.
6) sending the document(s) by courier to the person(s).
7) sending the document(s) by fax
8) sending the document(s) by mail or Xpresspost to the last known address of the person(s)
These methods of service can be used in any circumstance, except when a landlord is filing an application against a former tenant. If you have questions about how to serve a specific person, the board gives the following table as guidance:
Give the documents to an employee or representative of the landlord (such as a superintendent or property manager)
Tenant, subtenant or occupant of the rental unit or a co-op member
Give the documents to an apparent adult in the unit
Tenant, subtenant, or occupant of the rental unit or a co-op member
Place the documents under the door of the unit or put them through the mail slot in the door of the unit (as long as the person is still in possession of the unit.)
Person’s agent or representative
Deliver the documents to the person’s agent or representative by fax, mail or courier.
Non-profit housing co-operative
Place the documents under the door of a non-profit housing co-operative's head office or business office, or give them to the manager or co-ordinator
For more information about this table, or how the method of service can affect when a document is deemed to have been served, please click here for the Ontario Government publication "How to Serve a Landlord or Tenant with Documents."
As always, remember that this blog should not be taken as legal advice and is no substitute for a consult about your specific facts. If you have questions, please click here to contact Sparling Paralegal Today.