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Notices of lien during the postal strike

The current strike at Canada Post presents unique challenges for condo corporations needing to serve notices of lien. Indeed, in accordance with section 85 of the Condo Act, notices of lien must be served within strict timelines. During a postal disruption, sending notices by prepaid mail—a commonly used method—is no longer a reliable option.

Alternative Methods of Service

Section 47 of the Condo Act provides several alternative methods for serving notices that remain viable during a postal strike:
  • Personal Delivery: The notice may be delivered directly to the owner.
  • Delivery to the Unit or Unit Mailbox: The notice can be left at the owner’s unit or in the unit’s mailbox.  Ideally, delivery to these locations should be completed via courier.
  • Electronic Communication: If the owner has provided an email address to the corporation in writing (e.g., in any prior correspondence), the corporation may use this email address to serve the notice. However, if the owner has expressly requested that the email address not be used for notifications, this method is not permitted.
  • Delivery to the Address for Service: For owners who do not live on-site (e.g., landlords leasing their units), the hard copy of the notice must be delivered to their designated address for service.

Practical Recommendations

In our view, email service is an effective and legally sufficient method provided the following conditions are met:
•The owner has supplied an email address to the corporation in writing.
•The owner has not explicitly requested that the email address not be used for official notifications.
•The corporation’s governing documents (such as bylaws) do not prohibit or restrict notification by email.
To mitigate risks and ensure compliance, we also recommend supplementing email service with physical delivery, where feasible, through personal delivery, courier, or messenger.

Ensuring Compliance Amid Disruptions

The postal strike underscores the importance of maintaining accurate and up-to-date contact records for all owners, including email addresses and addresses for service. Condominium corporations should remain proactive in utilizing available service methods to avoid complications or delays in enforcing liens.

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