A company in Saskatchewan specializing in agriculture has brought a case to the highest court in Canada to determine if responding to a contract proposal with a thumbs-up emoji constitutes a legally binding signature. Achter Land & Cattle Ltd, which is involved in the cultivation and sale of grain, had previously appealed a 2023 ruling from the Saskatchewan Court of King’s Bench. The court had concluded that by responding with a thumbs-up emoji to a text message containing images of a $58,000 contract, the grower had agreed to sell flax to a grain buyer from South West Terminal (SWT).
According to court records, Achter had a history of selling grain to SWT since around 2012 and had previously used brief phrases like “ok,” “looks good,” and “yup” to confirm previous contracts, all of which were honored. The company is now seeking clarification from the Supreme Court of Canada on whether a thumbs-up emoji or a similar message, along with supporting metadata showing the sender of the text message, can be considered a legally binding signature.
In its notice of application, Achter Land & Cattle highlighted the importance of this case in defining electronic signatures in the digital era, stressing the need for guidance on what constitutes a valid electronic signature and how the transition to digital communication will impact commercial transactions in Canada.
The company expressed concerns that the previous ruling effectively equated expressing agreement with a thumbs-up emoji to signing a document, thereby blurring the distinction between the two actions. While it remains uncertain whether the Supreme Court will accept the case, Josh Morrison, legal counsel for SWT, argued that the uniqueness of the situation makes it less likely to be replicated in other contract scenarios.
Morrison contended that the case did not represent a matter of national significance, emphasizing the distinctive nature of the contracting pattern involved. He suggested that the case’s notoriety stemmed primarily from the use of a thumbs-up emoji in the agreement. Despite attempts to seek Achter Land & Cattle’s input on the matter, CBC did not receive a response.
The legal dispute originated in March 2021 when an SWT employee named Kent Mickleborough shared a contract photo with Chris Achter, the owner of Achter Land & Cattle, specifying a delivery period in November. Court documents revealed that Achter responded with a thumbs-up emoji but subsequently failed to deliver 87 metric tonnes of flax as agreed, priced at $17 per bushel. By November, the flax price had more than doubled.
Following the breach, the Court of King’s Bench ruled in 2023 that Achter Land & Cattle must compensate SWT for the breach, amounting to approximately $82,200 in damages plus interest and additional expenses. Saskatchewan’s Court of Appeal upheld this decision in December 2024, emphasizing that any changes to signature laws must be legislated.