Can a fax sent over the internet be used as evidence?

In short

It can be put before a court: in Canada, a faxed copy can generally be admitted if it is relevant and can be authenticated, and whether it left a machine or a website makes no difference. Its weight is still judged case by case: the transmission receipt records that a connection to a number took place at a stated time, but not what the pages said, nor that anyone read them.

Admitted first, weighed second

Canadian courts first ask whether a document is relevant and authentic, then how much weight it deserves. The Canada Evidence Act and the provincial evidence statutes include rules on electronic records; which ones apply depends on the court and the province. So a fax is not excluded from the outset, and it hardly matters whether it came from an office machine or from a service such as FaxTelecom.

The judge then assesses what the item is worth. A fax remains a reproduction: it carries more conviction when it fits into a consistent set of documents.

What the transmission receipt shows

With the €2.99 option (VAT included), you get two PDFs: a request receipt and a transmission receipt. The latter dates the connection, identifies the number reached and states how many pages went through. It says nothing about the printed text, or about who picked it up from the tray.

File it with the exact PDF you sent, and keep the exchanges around it: reminders, replies, notes of phone calls. Our article on proof of fax transmission walks through that file.

When you need something else

A notice that a contract or statute says must go by registered mail, a document that needs an original signature, personal service by a process server: here, a fax informs but does not stand in for the formality. Read the contract or the rule that governs your situation before choosing the channel.

Key points

  • Not excluded in principle: a fax can be produced in court.
  • The receipt establishes the connection, the time and the page count.
  • Neither the content nor its reading is proven by the receipt.
  • Registered mail or an original is still required for some acts.

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