Is an electronically signed retainer agreement valid in Ontario?

Yes. Under the Electronic Commerce Act, 2000, an electronic signature can meet a legal requirement for a signature, as long as the client agrees to sign that way.

Can an affidavit be signed electronically?

Not with an e-signature alone. It has to be sworn or affirmed before a commissioner, which O. Reg. 431/20 has allowed by video since August 1, 2020.

Does an e-signature verify my client's identity?

No. It shows who controlled the email address and when they signed. Client identification and verification under By-Law 7.1 remains the lawyer's step.

Can the lawyer sign after the client?

Yes. Set the order when you send: the client signs first, then the lawyer, and both receive the sealed copy.

Signing Retainer Agreements Electronically in Ontario

The short answer

Yes. Ontario's Electronic Commerce Act, 2000 lets an electronic signature meet a legal requirement for a signature, so retainers, engagement letters, fee agreements and most client authorizations can be signed electronically when the client agrees. Wills, powers of attorney and negotiable instruments are outside the Act, and affidavits still have to be sworn or affirmed before a commissioner, which since August 2020 can be done by video.

What the law says

The Electronic Commerce Act, 2000 says a legal requirement for a signature can be met by an electronic signature, and that a document isn't invalid just because it is electronic. Nobody has to accept electronic documents, but agreement can be shown by what a client does, such as opening the link and signing. The longer answer, with the exceptions.

Documents that need more than an e-signature

Wills and powers of attorney are outside the Act. Wills still need handwritten signatures; since 2022 they can be witnessed over video, with a lawyer or paralegal as one witness, using paper counterparts.
Affidavits and statutory declarations have to be sworn or affirmed before a commissioner. Under O. Reg. 431/20, in force since August 1, 2020, that can be done remotely, by video where the commissioner and the deponent can see, hear and speak with each other. An e-signature on its own doesn't replace the oath.
Negotiable instruments, such as cheques and promissory notes, are outside the Act too.
Land registration runs through Ontario's own electronic registration system.

For everything else a file usually needs signed, such as the retainer, the engagement letter, directions, authorizations, NDAs and settlement documents, an electronic signature works.

What to keep on the file

If a signature is ever questioned, the file should show who signed, that they meant to, and that the document hasn't changed since. bSign keeps a sealed PDF and a certificate of completion for every document: each signer, their email address, the one-time code if you asked for one, and the date, time and IP address of each step.

An emailed code shows that the client controls the email address. It doesn't verify who the client is: your client identification and verification duties under the Law Society's By-Law 7.1 stay as they are.

Getting retainers back the same day

Templates. Build the retainer once with its fields in place: the scope, the rate, the client's initials beside the fee terms.
Sign in order. The client signs first and the lawyer countersigns, and everyone receives the sealed copy when the last signature is in.
From Outlook. With the bSign add-in, send the retainer from the email you are already writing.
Reminders go out on their own, so nobody has to chase.

Sources

This guide is general information, not legal advice; for a particular document, ask a lawyer. Published 2026-10-04 by Binarium, the Ontario IT services company behind bSign.

Can a retainer agreement be signed electronically in Ontario?