Legal Framework and Jurisprudence

Modified on Thu, 19 Aug 2021 at 12:52 PM

Pronotif is fully justified considering the Quebec legal framework. The Code of Civil Procedure, adopted in 2014, describes notification as “any appropriate method that allows the person who gives notice to constitute proof of the delivery, sending, transmission or publication of the document, (…) in particular by a bailiff, by mail, by delivery of the document, by technological means, or by public notice”.

The Act to establish a legal framework for information technology (the “Act”) is the reference framework in this regard. This Act provides, among other things, that a document is a set of information carried by a medium, which can be rendered by any means of writing. In other words, the medium may be physical or technological and the manner in which it contains the information does not affect the definition of a record.

The Act further provides that the legal value of a record is not increased or decreased solely because a specific medium (physical or technological) has been chosen and that a record has the same value regardless of the medium used, as long as its integrity can be assured. Integrity means that it can be demonstrated that the information contained is not altered and is maintained in its entirety, with its medium providing the desired stability and permanence.

With respect to transmission, the Act is clear on the validity of a communication made by a technological mode.  First, it states that a document may be “transmitted, sent or forwarded by any mode of transmission appropriate to the medium” unless the law requires the exclusive use of a specific mode. There is nothing in the Residential Tenancies Act that requires a specific method.

But what about receipt? The Act states that a document is presumed to be received or delivered when it becomes available at the address that the recipient indicates is the location at which the recipient agrees to receive a document from him or her, so long as the address is active.

Pronotif is of interest because the process it uses ensures the reliability of the information transmitted to the recipient and is a legally valid method of transmitting documents.

– In the following decisions, the Régie has recognized the validity of Pronotif.

  1. Shah v. Edwards-Daugherty 2017 QCRDL 4287;
  2. DCV Properties v. Biaye 2017 QCRDL 15611;
  3. DCV Properties v El Hage 2017 QCRDL 15608;
  4. DCV Estates v. Kammoonah 2017 QCRDL 15609;
  5. DCV Estates v. Hamane 2017 QCRDL 15612;
  6. DCV Estates v. Horn 2017 QCRDL 15614;
  7. Immobilière Montérégienne IMR inc. v. Snoussi 2016 QCRDL 40347;
  8. Gestion double RR v. Quenneville 2016 QCRDL 42579;
  9. Immobilière montérégienne IMR inc. v. Colbert 2016 QCRDL 40853.

Note: Pronotif is an application developed with the Quebec legal framework in mind. Users can also use it for shipments outside of Quebec, but caution is recommended as long as there has not yet been validation.

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