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How to serve an application1
Serving an Application... What it's all About
You have just filed an application with the Régie du logement. Below are the first questions you will be asked by the commissioner who hears your application:
"Have you served a copy of your application on each of the parties to the proceeding?" "Canyou prove it?"
Why is it essential to answer these questions in the affirmative? Because, under the law, the party against which you have brought the proceeding must be informed in advance of the accusation or accusations against it and of the outcome you are seeking, in order to mountan adequate defence.
The original application and all of the amendments and motions must be served oneach of the parties to the proceeding.
If you do not do so within a reasonable time,your hearing may be postponed.
The Régie du logement does not impose a specific method for serving the application.However it does require that the proof of service, whatever it may be, convince the commissioner that each of the parties received a copy of the application.
The most common service methods are described in the table below.
And What if the Application is not Served?
If you are unable to serve your application using the methods indicated in the table, contact the Régie. A commissioner can authorize you to serve your application another way, for example, through the newspapers.
Ways of Serving an Application
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| Method |
Suggested proof |
Explanations |
| By hand (person to person) |
A person who can witness to have seen the application being served. |
The witness must be present at the hearing. |
| A confirmation of receipt dated and signed by the receiver. |
Have the acknowledgment of receipt with you at the hearing. |
| By registered mail |
Delivery confirmation from Canada Post
and
Signature confirmation from Canada Post
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Canada Post will provide you with proof that your application was mailed, but that is not proof it was received. On January 1, 1999,Canada Post eliminated its acknowledgment of receipt (pink card). You can obtain delivery confirmation by Internet2 or fax3 free of charge. «However, the confirmation does not tell you the name of the person who signed to receive the application. The Commissioner could therefore require you to prove the signature confirmation*.
* You can call Canada Post4, o obtain a photocopy of the register entry showing the signature and date of receipt of the mailed application. This information will be sent to you C.O.D. (cash ondelivery), at a cost of $5 plus tax.5.
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| By bailiff |
Affidavit of service |
See the Yellow Pages under Bailiffs. After serving your application, the bailiff will send you an affidavit of service as confirmation of delivery.
Bring this document to the hearing. |
1 Service applies to applications, amendments and motions.
2 http://www.postescanada.ca
3 1-800-267-1155
4 See number above
5 Those cost may be modified, please inform yourself at Canada Post
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