canada evidence small-claims-court british-columbia
Serving evidence to ex-landlord and being able to prove it
<p>I am trying to save money as I don't have much to spare. I need to serve the landlord with any documents that I serve the court. Typically this is done through registered mail, but this is expensive where I am. According to <a href="http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/serving-notices-for-dispute-resolution" rel="nofollow">their website</a> allowable methods are</p>

<ul>
<li>give a copy directly to the person</li>
<li>Leave a copy with the landlord’s agent (tenants should note the name of the person)</li>
<li>Send a copy by registered or regular mail to the person’s residential address (or the place where the landlord conducts business as a landlord)</li>
<li>Leave a copy in a mailbox or mail slot at the address where the person lives (or the place where the landlord does business as a landlord)</li>
</ul>

<p>It seems to me delivering a copy to the landlords house is cheapest. If I do this what should I do if no one answers the door? What should I do if someone who I don't know answers the door? I don't think this happened, but how can I verify the landlord still lives there and hasn't recently moved?</p>

<p>I'm thinking of going with a friend who could act as a witness. Is it alright to take a video with a cellphone of putting the evidence through the mailbox?</p>

<p>What happens if the landlord refuses it? For example he comes to the door and won't take it from my hand, or wouldn't sign for the delivery?</p>

<p>Filming something isn't illegal, but I doubt it would serve as good evidence anyway.</p>
<p>Since you are serving evidence personally, you've got a few options to verify that:</p>
<ul>
<li><p>Bring a witness</p>
<p>This is probably your best bet. Bring a witness, and have them swear, or affirm, that they witnessed giving you the documents. This says so on the website that you linked.</p>
</li>
</ul>
<p>Now to go over your concerns:</p>
<blockquote>
<p>If I do this what should I do if no one answers the door? What should I do if someone who I don't know answers the door?</p>
</blockquote>
<p><a href="https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Serving_Documents_EN.pdf" rel="nofollow noreferrer">According to this document (despite being in Ontario),</a> if they appear to be over the age of 18, you can give it to them. Make sure that you catch their name. Make sure that the document that you are serving is in an envelope that is addressed to your landlord. Make sure that the person that you speak with also lives there. However, the document also says that you need to mail it to them on the same day. Make sure to get a receipt of this to verify that you served the document through mail.</p>
<blockquote>
<p>I don't think this happened, but how can I verify the landlord still lives there and hasn't recently moved?</p>
</blockquote>
<p>If you don't think this happened, I don't think you should worry about it.</p>
<blockquote>
<p>What happens if the landlord refuses it? For example he comes to the door and won't take it from my hand, or wouldn't sign for the delivery?</p>
</blockquote>
<p>Again, according to the Ontario document, <s>throw it at their feet and run</s>. No but seriously, if your landlord refuses to accept the document, you can drop it to the floor, at their feet, and the document will be considered served. I would definitely try to have a witness in this one, and make sure that this is a detail that is noted in the case.</p>
<p>Do what you need to do to serve the document. Chances are, you can ask the small claims court to honour your costs associated with serving the document: assuming you did so through mail or courier.</p>
