In July 2012 by the Court of Quebec rendered a very interesting judgement on electronic signature.
This case started by a refusal by a court clefk to accept a legal proceeding on the basis that the proceeding was signed electronically. The clerk interpreted the law saying that a legal proceeding has to be originally signed.
In her analisys, Justice Lina Bond, reviewed the legal framework applicable for the validity of electronic signature and comes to the conclusion that a party's signature is a modality allowing the identification of an individual, a way for this person to express his consent to a contracts and assure the other parties that the signatory his the author of the said consent.
The tribunal concluded that the electronic signature of a lawyer to a proceeding is valid and the clerk should have accepted the electronically signed document as an original.
In her analisys, Justice Bond made a very interesting remark when se said that it is possible that the refusal of the clerk to accept the electronically signed document as an original is due to his fear that an electronic signature may be frauded or conterfeited. Howerver, this fear is not in itself a factor to render invalid the signature that is electronic.
Did you know that in the event an Signsquid electronic signature is challenged, Signsquid will step in to prove the validity of the signature(s) added to your document through our platform and assume any legal fees incurred. The same legal team that audited our platform will work in tandem with your lawyers to prove the validity of the signatures.
To read the judgement by Justice Bond (in french) : http://bit.ly/UAwtbQ