This is the Electronic Signatures paragraph:
“15. ELECTRONIC SIGNATURES: If this Agreement has been signed with an electronic signature the parties hereto consent and agree to the use of such electronic signature with respect to this Agreement pursuant to the Electronic Commerce Act, 2000, S.O. 2000, c17 as amended from time to time.”
Review
Set out below and marked in bold and italics are those words that are inserted by me to assist in the review. They are not set out in the clause itself. Let’s look at that paragraph in a little more detail:
15. ELECTRONIC SIGNATURES:
If this Agreement has been signed with an electronic signature
the parties hereto consent and agree to the use of such electronic signature
with respect to this Agreement pursuant to the Electronic Commerce Act, 2000, S.O. 2000, c17 as amended from time to time.
COMMENT
The Electronic Commerce Act enables the use of electronic signatures. It’s not mandatory, it’s elective.
So, if electronic signatures are used, then, this will be the evidence of consent. This means if the Seller signs electronically, then both parties agree that such a signature will bind the Seller. And if, the Brokerage signs electronically, then both parties agree that such a signature will bind the Brokerage.
Brian Madigan LL.B., Broker