Tag: work

01 Nov

Service of documents in a postal strike

Stuart Clark Passing of Accounts Tags: , , , , , , , , , , , , , , 0 Comments

Canada is currently in the midst of a postal strike. Although the strike is currently “rotating” in nature, with different communities being subject to the strike on different days, it is possible that the strike could become country wide should negotiations remain unsuccessful. Although concern may immediately turn to the potential impact of a full strike upon online holiday shopping, a full national strike could also have an impact upon the legal world in relation to the service of documents.

Canada Post remains a vital service to the legal community, amongst other things remaining one of the official means of service upon a lawyer of record pursuant to rule 16.05 of the Rules of Civil Procedure. Although there are alternate service mechanisms available to serve documents upon a lawyer of record should the strike become national, such as potentially using a courier, there are certain documents which the Rules of Civil Procedure provide may only be served by mail.

Rule 74.18(3) of the Rules of Civil Procedure contemplates that an Application to Pass Accounts is to be served by regular lettermail, providing:

The applicant shall serve the notice of application and a copy of a draft of the judgment sought on each person who has a contingent or vested interest in the estate by regular lettermail.” [emphasis added]

Although such a rule typically assists the Applicant in serving the Application to Pass Accounts in a streamlined and cost effective manner, as otherwise personal service of the Application to Pass Accounts would be required pursuant to rule 16.01 as an “originating process”, the rule does not contemplate what is to occur in the circumstance that service by regular lettermail is not possible (i.e. in a full work stoppage). In such circumstances, how can the Applicant ensure that the Application to Pass Accounts is properly served as required by the Rules of Civil Procedure?

From a common sense standpoint there are likely alternatives readily available to serve the Application materials other than by regular lettermail, including potentially by courier or by personal service.  From a strict reading of rule 74.18(3) however, service of the Application to Pass Accounts by any means other than “regular lettermail” is not proper service, such that it is possible that a beneficiary may argue that they have not been properly served should you serve them by any other means. Should this occur, it is possible that an Order validating service and/or substituting service for alternative means under rule 16.04 may be required.

Thankfully at present the strike is only “rotating” in nature, such that we can continue to mail out documents such as Applications to Pass Accounts to be served in accordance with the Rules of Civil Procedure (subject to any potential daily interruptions should your community be striking on a particular day). Should circumstances change however, and there is a full work stoppage, it is possible Orders may have to be sought validating and/or substituting service for service in a manner other than by regular lettermail for those items such as Applications to Pass Accounts which the Rules provide may only be served by mail.

Thank you for reading.

Stuart Clark

01 Aug

A different approach to work-life balance

Ian Hull Estate & Trust, Estate Planning, Trustees, Uncategorized, Wills Tags: , , , , 0 Comments

A recent Globe and Mail article on vacation time caught my eye. In it, Elizabeth Renzetti notes an ADP Canada study that found that:

  • only one in three employees take all their allotted vacation time each year
  • 28% take less than half of their allotted time; and
  • nearly one-third of people admit to working during their holidays.

Renzetti points to a number of possible reasons for this – from affordability, to holding multiple jobs, to the fear that our employer will realize we’re dispensable if we’re gone and work life carries on. It’s complicated, but for whatever reason it seems that we North American workers aren’t as good as our European counterparts (who have much more generous vacation laws) at taking time off. As a result, the notion of work/life balance tilts strongly in favour of work.

Stop stressing – return to your roots

I think the work/life balance needs a new metaphor – and that’s the work/life tapestry. As a farming society 200 years ago, there was no separation of work life and personal life. You lived and worked on the farm and almost all of your life was based there. The change began in the industrial revolution, when factory work created a clear separation between a work life and a home life.

What technology is doing is bringing us closer to our agrarian roots. The separation is blurring, and for many of us, is once again non-existent. We can fight it – and try to recapture that separation – or we can accept it and support it. Personally, I think the smart answer is to accept and support it, because this is a change that I think is as inevitable as the change brought about by the industrial revolution.

Yes, employers can play a key role in supporting this tapestry, by providing employees with the flexibility and support they may need to address other issues that are happening in their life. But employees have a role too in accepting that our personal lives will sometimes creep into our work, and vice versa. Rather than stress about the fact that you need to take a morning on your Tuscan vacation to join a telephone conference, embrace the fact that technology now enables us to phone a client in the morning and bike the hills of Italy in the afternoon.

Perhaps we’d all take a little more time off we worried a little less about crossing work/life boundaries and embraced a tapestry approach.

Thanks for reading,
Ian Hull

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