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ARTICLE · 22 JULY 2015

Canada Post v. City Of Hamilton: Using Municipal Streets For Community Mailboxes

We reported earlier in this blog on the dispute between the City of Hamilton and Canada Post.

CanadaLitigation, Mediation & Arbitration

We reported earlier in this blog on the dispute between the City of Hamilton and Canada Post. To recall, the City adopted a bylaw that required Canada Post to obtain a City permit before placing community mailboxes on City streets.

Canada Post challenged the constitutional validity of the bylaw and, on June 11, 2015, the Ontario Superior Court of Justice issued its decision.  The Court agreed with Canada Post and declared the bylaw invalid.   

To quote some of the Court's reasons:

[87] The bylaw would in effect give the City the final say of the location of CMBs after a permit application process which has no relationship to the temporal exigencies facing CP, both in terms of satisfying its existing collective agreements and CP's cost reduction goals to achieve financial sustainability in an era of steadily reducing transaction mail.

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