Service by registered mail deemed effective 10th day after receipt issued by post office

Federal appeal | Civil Procedure

COMMENCEMENT OF PROCEEDINGS

Service by registered mail deemed effective 10th day after receipt issued by post office

On July 3, 2012, Canadian Food Inspection Agency served by registered mail notice of violation to applicant that he had made false or misleading statement to inspector. Notice was collected by employee of applicant on July 4, 2012. Applicant filed request for review of violation before Canadian Agricultural Review Tribunal on August 14, 2012, along with request for extension of time to file request for review of notice of violation. Tribunal denied request for review on ground that it had been filed beyond permitted 30 days after service of notice of violation. Applicant brought application for judicial review of tribunal’s decision. Application dismissed. Agriculture and Agri-Food Administrative Monetary Penalties Act (Can.) (“AAAMPA”), was enacted to achieve purpose of Health of Animals Act (Can.), under which applicant had been found in violation. Pursuant to s. 9(2) of Agriculture and Agri-Food Administrative Monetary Penalties Regulations (Can.), service by registered mail was deemed to be effective on tenth day after date indicated in receipt issued by post office. Thus, effective service upon applicant was July 13, 2012. Request for review was made on August 14, 2012, which was one day outside 30-day period set out in AAAMPA. Tribunal was correct that it did not have jurisdiction to deviate from timelines set out in AAAMPA.
Clare v. Canada (Attorney General) (Nov. 13, 2013, F.C.A., K. Sharlow J.A., Robert M. Mainville J.A., and David G. Near J.A., File No. A-445-12) 235 A.C.W.S. (3d) 31.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident