Today, a tenant asked me to explain why I provided the additional testimony about delivery of notices and cheques at the tenant board hearing on Monday. My reasoning behind providing this testimony was to provide the LTB with additional grounds for rejecting N13 applications where improper service of documents occurred (such as in the case of compensation cheques).

The LTB has rules that must be followed for serving documents:

How to Serve a Landlord or Tenant with Documents

On the LTB's web site, it says

"

Consequences of not serving or not serving correctly

If you don’t serve a document that you were required to, it is possible that your application or motion will be dismissed. If you serve a document using a method that is not permitted, you may be required to prove at the hearing when and how the other party received the document"

Reading further, it says

"More Methods of Service [...] Person or organization you are serving [...] 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.)"

elsewhere on the page, it says "by leaving it at the place where mail is ordinarily delivered to the person"

In my personal experience, the mail courier who ordinarily delivers mail is always able to fully insert mail through out mail slots. However, also in my experience, this landlord has a habit of improperly inserting documents into mail slots in such a way that they are likely to fall out and get lost without the tenant's knowledge, which supports the idea that improper service of documents may have occurred. Furthermore, any applications for eviction orders that rely on improperly served documents should thus be rejected.