Hamilton

Canada Post and Hamilton will square off in court at the end of May

Canada Post and the city of Hamilton will face off in court at the end of May in a landmark case over where the corporation puts new super mailboxes.
The City of Hamilton and Canada Post will meet in court the week of May 25 as the Crown corporation tries to fight a bylaw aimed at restricting the installation of community mailboxes. (Samantha Craggs/CBC)

Canada Post and the city of Hamilton will face off in court at the end of May in a landmark case over where the corporation puts new super mailboxes. And until then, both sides are standing their ground.

Canada Post will keep installing mailboxes on the Mountain, said spokesperson Jon Hamilton.

Meanwhile, it remains to be seen if the city will lay any more fines, which it started doing last week. But even if it doesn't, Canada Post will still be in contravention of the bylaw, said city spokesperson Mike Kirkopoulos.

The Crown corporation is installing community mailboxes on Hamilton Mountain as part of a plan to phase out urban door-to-door mail delivery. The city, which is against the plan, has a new bylaw saying Canada Post has to consult with city staff every time it installs a mailbox. Canada Post disagrees.

Both sides have filed motions in Hamilton superior court — the city to stop the work, Canada Post to stop the bylaw.

The two sides had a brief appearance on Tuesday, when Justice Robert Reid agreed to hear the case the week of May 25.

With the court action, the city's position isn't to stop community mailboxes, said Justyna Hidalgo, a solicitor with the city, after Tuesday's court appearance.

"We're looking for meaningful input" on the mailbox locations, she said.

In court, Reid endorsed both applications and will hear them together. The court will set a date for a full-day hearing closer to May 25. Reid may make a decision on the same day, Hidago said, or take time to deliberate and return with a decision. 

Hidago, a city staff lawyer, will represent the city in court. John Laskin of Torys LLP is representing Canada Post.