LSAP Volunteer Challenges E-Signature Defect and Wins

October 20, 2014

There was a great item in the “Your UBC Law” newsletter this month. It describes how Law Students’ Legal Advice Program (LSAP) volunteer and upper-year student Dave Ferguson uncovered a “wide-ranging systemic defect” related to the status of electronic signatures in oaths used as evidence. He argued the case at provincial court and won.

The issue came to his attention while working on a case on behalf of an LSAP client with fellow volunteer Mikhael Magaril (whom Ferguson credits with the original idea for bringing the challenge).

Of the case, UBC prof Mary Liston said:

“Dave is a smart, articulate and committed student who made a really novel and clever argument that the defect was not merely a technical issue but indeed had the legal effect of voiding the oath itself, and the judge agreed…Dave’s experience shows that even a relatively mundane file can have real justice ramifications and lead to improvements in access to justice. This underscores the importance of the legal representation and services that LSLAP provides to low-income communities in Vancouver.”

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