City of Hamilton v. Canada Post Round Two Awaiting Court of Appeal

Update: see previous posts – June 11, 2015 Canada Post Wins First Round With City of Hamilton, May 22, 2015 Canada Post says profits won’t save door-to-door delivery

The city of Hamilton is appealing a ruling that says it can't dictate where Canada Post puts community mailboxes
The City of Hamilton is appealing a June 11/15 Superior Court of Justice ruling (Canada Post v. City of Hamilton, 2105 ONSC 316) that says it can’t dictate where Canada Post puts community mailboxes. The appeal will be filed with the Court of Appeal for Ontario.

Hamilton will spend an estimated $75,000 to appeal the decision

see source

The city of Hamilton will appeal this month’s court decision that ruled in favour of Canada Post regarding where to put super mailboxes.

Hamilton will spend an estimated $75,000 to appeal a decision from Justice Alan Whitten, who struck down a bylaw that attempted to regulate where Canada Post put new community mailboxes.

Canada Post decided in 2011 to eliminate door-to-door delivery in Canada and replace it with community mailboxes (as seen above). The City of Hamilton attempted, through a bylaw, to control how and where those community mailboxes would be placed in its' city.
Canada Post decided in 2011 to eliminate door-to-door delivery in Canada and replace it with community mailboxes (as seen above). The City of Hamilton attempted, through a bylaw, to control how and where those community mailboxes would be placed in its’ city. The court delared the bylaw invalid.

Canada Post has installed about 3,000 super mailboxes on the Mountain as part of its plan to phase out urban door-to-door mail delivery across the country. Earlier this year, the city passed an amended bylaw saying the corporation had to consult with the city on where it put the mailboxes, as well as pay a fee of $200 per mailbox.

Canada Post in an application to the Ontario Superior Court to quash on statutory and constitutional grounds a City of Hamilton by-law controlling the installation of community mailboxes in the municipality
Canada Post applied to the Ontario Superior Court to quash, on statutory and constitutional grounds, a City of Hamilton by-law controlling the installation of community mailboxes in the municipality. After a hearing on May 26, 27 and June 4, 2015 in the Ontario Superior Court of Justice, Justice Whitten agreed with Canada Post’s application to declare that the City of Hamilton bylaw, with regard to Canada Post, was null and void.

Canada Post argued that its federal mandate to deliver the mail trumps municipal law. Whitten agreed. The bylaw is “inapplicable and inoperative,” Whitten wrote, and an effort by the city to “thwart” an unpopular move by Canada Post to end door-to-door delivery.

The City of Hamilton will appeal Justice Whitten's June 11, 2015 decision to the Court of Appeal for Ontario. Other municipalities are watching this case with great interest.
The City of Hamilton will appeal Justice Whitten’s June 11, 2015 decision to the Court of Appeal for Ontario. Other municipalities are watching this case with great interest.
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