The New Brunswick trial court found in Girouard v Druet, 2011 NBQB 204, that the parties had concluded a valid contract for the sale of a condo through an e-mail exchange, and that the writing requirement in the Statute of Frauds had been satisfied.
Not so fast, said the NB Court of Appeal (2012 NBCA 40), finding that there was an insufficient intention on the part of the defendant to be bound. The CA thought there should be a rebuttable presumption that a quick exchange of e-mail does not give rise to binding obligations, at least in the context of real estate transactions. The court did leave open the possibility, however, that an electronic signature could satisfy the Statute of Frauds.
