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Two thumbs up and one thumb down from the Saskatchewan Court of Appeal on emoji signatures

6 Jan 2025 2:35 PM | CAN-TECH Law (Administrator)

Majority of the Court of Appeal find a thumbs up emoji was an electronic signature for the purposes of The Sale of Goods Act

In Achter Land & Cattle Ltd. v South West Terminal Ltd., the Saskatchewan Court of Appeal was called upon to consider whether a contract was validly formed under the province’s Sale of Goods Act via a replied “thumbs up” emoji.

A purchaser of grain and a commodities vendor disputed whether a valid contract arose for the sale of grain, the discussion of which took place over text messages. An employee of the vendor sent a proposed agreement to the putative purchaser and requested confirmation. The proposed agreement was an image of the front page of the proposed agreement, along with the words “Please confirm flax contract.” What came back was a simple thumbs up emoji. 

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