Jurisprudence
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Pronotif is fully justified in light of the Quebec legal framework. The Code of Civil Procedure, adopted in 2014, describes notification as "any appropriate method that allows the person notifying 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 respecting the legal framework for information technology (the "Act") is the reference framework in this area. This Act provides, among other things, that a document constitutes a set of information carried by a medium, which can be rendered using any method of writing. In other words, the medium can be physical or technological and the way in which it contains the information has no impact on the definition of a document. First, it states that a document can be "transmitted, sent or dispatched by any mode of transmission appropriate to its medium", unless the law requires the exclusive use of a specific method. Nothing in the rules of law on residential leases provides for the use of a specific method. But what about receipt? The Act indicates that the document is presumed to be received or delivered when it becomes accessible at the address that the recipient indicates is the location where he agrees to receive a document from him, to the extent that the address is active. Pronotif represents a certain interest, since the process it uses guarantees the reliability of the information transmitted to the recipient and constitutes a legally valid method of transmitting documents. In the following decisions, the Régie recognized the validity of Pronotif.
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