
Legal Blog
Electronic Signature
Hurst Real Estate Service Inc. v. Great Lands Corporation 2018 Ont SCJ
A real estate commission arrangement was negotiated by way of emails. The vendor argued that the arrangement did not comply with s.23(1) of the regulations to the Real Estate and Business Brokers Act, which requires an agreement for commission to be in writing “signed by or on behalf of the person required to pay the Commission.” The vendor’s email did not have a signature, only a typed name of the writer and his position with the vendor. The judge held that “in this digital age in which commerce is routinely conducted with the assistance of informational technology, this type of electronic signature meets the requirements under the Regulation…”
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Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices. |