For those who maintain casebooks or other course materials, there is a recent Ontario case (Divisional Court) on whether a text message can constitute a signature.  It arises in the context of a statute of limitations defence, but the principles seem applicable to contract or other contexts.  It’s a nice, short exposition of the problem and why a text should be considered a signature in certain cases (see paras 42-50).  The question of authenticity was solved not only by the fact that the text bore the telephone number of the sender, but also the “International Mobile Equipment Identifier (IMEI) number” was also embedded in the data of text itself and provides a unique digital signature for every phone.

 

Might be interesting as a footnote or squib in student materials.  I know my students invariably ask about texts when we do statute of frauds.

 

The case is here:

 

https://www.ontariocondolaw.com/wp-content/uploads/sites/841/2021/07/2021onsc3477.pdf

 

Regards.

 

Harrington