11.2: Service not invalid
11.22: Recorded mail service

Case Summary

The Respondent sent a notice of relocation (“Relocation Letter”) by registered mail to the Applicant in accordance with the requirements set out in section 16.9(1) of the Divorce Act. The mail was not collected by the Applicant and the Relocation Letter was returned to the Respondent. The Applicant asserted that he did not receive the Relocation Letter and the corresponding move occurred without notice and that the Respondent was not entitled to rely on the applicable provisions of the Divorce Act to relocate their child.

The Court considered whether service of the Relocation Letter was valid and specifically in compliance with Rules 11.22 and 11.2. The Court determined that the delivery method used by the Respondent did meet the definition of “Recorded Mail” as required in Rule 11.22 noting that the Relocation Letter sent via Canada Post had a tracking number assigned, and the Respondent was able to access the delivery attempt records. Further, the Court found that Relocation Letter had been properly served on the Applicant noting that it was sent to the Applicant’s last known address and that, pursuant Rule 11.2(2), service by recorded is not invalidated by reason only that the addressee has refused to take delivery of the recorded mail.

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