record was that of the originator, the
addressee properly applied a procedure
previously agreed to by the originator for
that purpose; or
(b) the data message as received by the
addressee resulted from the actions of a
person whose relationship with the
originator or with any agent of the originator
enabled that person to gain access to a
method used by the originator to identify an
electronic record as its own.
(5) Subsection (4) does not apply
(a) from the time when the addressee has both
received notice from the originator that the
electronic record is not that of the
originator, and had reasonable time to act
accordingly;
(b) in a case referred to in subsection (4)(b), at
any time when the addressee knew or
ought to have known, had it exercised
reasonable care or used any agreed
procedure, that the electronic record was
not that of the originator; or
(c) where, in all the circumstances of the
case, there are reasonable grounds for the
addressee to regard the electronic record
as that of the originator or to act on that
assumption.
(6) Subject to subsection (7), where an electronic
record is that of the originator or is deemed to be
that of the originator, or where the addressee is
entitled to act on that assumption, the addressee is
entitled to regard the electronic record received as
being what the originator intended to send, and to
act on that assumption.
(7) The addressee is not entitled to regard the
electronic record received as being what the
originator intended to send where the addressee
knew or ought to have known, had the addressee
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