There Are No Electronic Witnesses in Ontario

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Question:

Why are some agents witnessing by e-signatures their client’s e-signatures?

Unless you are actually there with the client in person signing it on a tablet together! I know that was not the case on all of them. A witness is still an actual witness; am I right?

Answer:

There is no such thing as an electronic witness. To say that you were there, when you were not, would be fraud. A real, physical in person witness is to be preferred in many situations. They can attest to capacity, duress, undue influence, drugs, medication and alcohol. All of those factors may go to the root of the contract. It looks like a contract, but it’s not.

Acceptable alternatives would include both “Authentication” and “Certification”.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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