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  • service by courier; lawyer not accepting

    The other party's lawyer has known for several days that there is Request to Admit being served on him and that it awaits his pickup from the local Canada Post office. The lawyer is not picking it up. Soon it will be returned to me.

    I'd like to think that my job is done- I swear an affidavit that I served by courier and the request to admit is accepted as true because they didn't respond. Probably not so simple.

    Anyone experienced with this?

    SE

  • #2
    Fax it. Problem solved.

    Drop it off. Problem solved. Literally take doc, drop on counter. Leave. They don't have to "accept" it.

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    • #3
      Agree with Serene. Why would it held at the post office instead of delivered to his office? I have a feeling that's part of the problem.

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      • #4
        Thanks for your responses.

        They're probably evading service. Canada Post tried to deliver but they weren't there to receive. CP left a notice for them to pick it up at the Post Office nearby a week ago, but they haven't, despite the fact that I emailed them to ensure they know it awaits them.

        The document is too big to qualify for fax service. I can drive there to deliver it in person, but it's hours away. My hope is/was that I have, officially at least, completed service, and if they don't respond then my statements in the Request to Admit are accepted by default, as the rules indicate.

        Can't find any cases on Canlii dealing with this.

        Experiences with this?

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        • #5
          If you have a Canada Post tracking number you could fax the number to the office along with a note that the package is waiting at the post office for pick-up.

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          • #6
            Mail to a bailiff in the area?
            Send it by email and ask them to acknowledge accepting it. A judge won't toss it out

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            • #7
              Thanks for all your suggestions. The package has just been picked up by the opposing lawyer.

              SE

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              • #8
                You could have split the request to admit into several. OR asked permission to fax over the amount limited to serve via fax. If they accept it constitutes as service. We have done it a lot. Trick is: don't tell them what it is for lol

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