The Supreme Court of Canada has declined to hear an appeal in a closely watched case concerning whether a thumbs-up emoji can constitute a legally binding signature. The decision effectively upholds the Saskatchewan Court of Appeal's ruling, which found that the emoji satisfied the signature requirement under section 6(1) of The Sale of Goods Act.
The case arose from a 2021 text message exchange between grain buyer Kent Mickleborough of South West Terminal (SWT) and farmer Chris Achter of Achter Land & Cattle Ltd. Mickleborough texted a contract to Achter for the purchase of 86 tonnes of flax and asked him to confirm. Achter replied with a thumbs-up emoji. When the flax was not delivered, SWT pursued legal action for breach of contract.
The Saskatchewan Court of King's Bench, and later the Court of Appeal, held that the emoji constituted a valid form of acceptance, fulfilling the statutory requirement for a signature. The courts emphasized that the context and the parties' history supported the interpretation that the emoji was intended as agreement.
With the Supreme Court's refusal to hear the case, the appellate decision stands as the final word on the matter, at least for now. This development confirms that in certain contexts, digital symbols like emojis can amount to legally enforceable signatures.
Read our original analysis of the Court of Appeal's
decision and its implications for electronic contract
formation.What This Means Going Forward
The refusal to grant leave to appeal signals judicial recognition of modern communication methods in contract formation. For businesses and individuals, this underscores the importance of clarity and intent in digital interactions. A simple emoji, depending on the context, can now bind parties to contractual obligations.
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