Jurisprudence
Pronotif is fully justified under Quebec’s legal framework. The Code of Civil Procedure, adopted in 2014, defines notification as « any appropriate method that allows the notifier to provide proof of delivery, sending, transmission, or publication of the document (…) including by bailiff, through the mail, by hand delivery, by technological means, or by public notice ».
The Law on the Legal Framework for Information Technologies (the "Law") serves as the reference framework in this matter. This law provides, among other things, that a document consists of a set of information carried on a medium, which can be rendered by any writing method. In other words, the medium can be physical or technological, and the way it contains the information does not affect the definition of a document.
The law further clarifies that the legal value of a document is neither increased nor decreased due to the specific medium (physical or technological) chosen, and that a document holds the same value regardless of the medium used, as long as its integrity can be ensured. Integrity means it is possible to demonstrate that the information contained has not been altered and is maintained in its entirety, with the medium providing the required stability and longevity.
Regarding transmission, the law is clear about the validity of communications made by technological means. It states that a document may be « transmitted, sent, or dispatched by any method of transmission appropriate to its medium », unless the law specifically requires the exclusive use of a particular method. Nothing in the rules of law for housing leases requires the use of a specific method.
But what about receipt? The law specifies that a document is presumed to be received or delivered when it becomes accessible at the address the recipient has indicated as the location where they accept to receive a document, provided that the address is active.
Pronotif is of significant interest, as the process it uses ensures the reliability of the information transmitted to the recipient and constitutes a legally valid method of transmitting documents.
In the following decisions, the Régie has recognized the validity of Pronotif:
- Shah c. Edwards-Daugherty 2017 QCRDL 4287
- Propriétés DCV c. Biaye 2017 QCRDL 15611
- Propriétés DCV. c. El Hage 2017 QCRDL 15608
- DCV Estates c. Kammoonah 2017 QCRDL 15609
- Propriétés DCV c. Hamane 2017 QCRDL 15612
- DCV Estates c. Corne 2017 QCRDL 15614
- Immobilière Montérégienne IMR inc. c. Snoussi 2016 QCRDL 40347
- Gestion double RR c. Quenneville 2016 QCRDL 42579
- Immobilière Montérégienne IMR inc. c. Colbert 2016 QCRDL 40853
Note: Pronotif is an application developed with Quebec’s legal framework in mind.
Users can also use it for transmissions outside Quebec, but caution is advised until validation has occurred.