A recent ruling by the Saskatchewan Court in Canada has left everyone rethinking what an ideal affirmation looks like when the communication occurs through digital platforms. The Court’s findings have redefined what a simple thumbs-up actually means during business dealings.
A thumbs-up emoji is commonly used to imply positivity, agreement, approval, to say ‘okay,’ to imply ‘great job’ and many more, based on the context.
The case unfolded between a grain buyer company, South West Terminal Ltd. (SWT) and farmer Chris Achter, who had worked together for years on the basis of brief text confirmations like quick “OKs,” “Yups,” and short acknowledgements sent over the phone. It was a familiar rhythm of trust and trade. Until 2021, when a contract for 87 tonnes of flax landed on Achter’s phone.
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Upon receiving SWT’s contract, Achter replied to the message with a simple thumbs-up emoji “????”. For SWT, it was a sign of an agreement. But in Achter’s defence, he sent the thumbs-up emoji as an acknowledgement, not acceptance. Based on the detailed information about the communication that took place, the Court reached a decision that left everyone in shock.
The final verdict
When the shipment of flax never reached SWT, the company accused the farmer of breaching the agreement. They argued that the emoji was part of their established business communication to imply agreement. Achter denied any intentions to confirm the deal by using the emoji.
However, Justice Timothy Keene of the King’s Bench looked at the history between the two parties that pointed towards a pattern of short confirmations and swift compliance, and thus reached the conclusion that the emoji carried the “clear intention” to accept.
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In legal terms, the emoji qualified as an electronic signature under Saskatchewan law. And a signature, however tiny its digital footprint, carries weight. The Court ordered Achter to pay $82,200.21 in damages, along with interest and costs.
The incident has stirred debate across Canada. Where farmers are accustomed to handshakes and hurried messages to finalise a deal, and for businesses increasingly relying on digital communication, the court's judgment sounded a silent warning that in a modern world where deals are struck through screens, even a small emoji can carry a significant legal meaning.
