Execution Of Legal Documents During COVID-19: Land Transactions

The novel coronavirus, or COVID-19, pandemic has disrupted Canadian life in ways that our citizens and residents have not experienced since World War II. Mobility has been restricted to unprecedented levels, but still, commerce continues, albeit conservatively.

Land related transactions are one of the most common occurrences at a lawyer's office where, almost always, the lawyer is required to witness their client's execution of documents. Where transactions are subject to the Land Title Act, Sections 42 to 48 of that statute requires that an individual executing an instrument appear before an officer.

Despite advances of technology, lawyers are not permitted to employ remote or videoconferencing witnessing, and the word "appeared before" require a physical presence before the authorized witness (an "officer") who is usually a lawyer or notary public (First Canadian Title Insurance Company v. the Law Society of B.C.).