Saskatchewan farmer wants Supreme Court to hear emoji signature case
Global News
A 'thumbs up' emoji is costing one Saskatchewan farmer over $80,000 after two courts say it was enough to signify a contract agreement.
A court case involving a farmer and a thumbs up emoji could be heading to Canada’s highest court.
After two unsuccessful challenges in Saskatchewan courtrooms, agriculture company Achter Land & Cattle Ltd. is headed to the Supreme Court.
In December, the court of appeal upheld a 2023 Court of King’s Bench verdict that found a thumbs-up emoji met signature requirements and was a legally binding agreement between farmer Chris Achter and Kent Mickleborough, a grain buyer with Southwest Terminal (SWT).
In March 2021, Mickleborough sent a text of the contract to Achter for a delivery of 87 tonnes of flax. The farmer responded with a thumbs-up emoji but no accompanying text.
Achter didn’t deliver the product, and the company took him to court for breaching the contract. The farmer was ordered to pay more than $82,000 plus interest and court costs to SWT.
“That was just one of several short confirmatory text messages that Mr. Achter habitually used to enter into contracts,” SWT lawyer Joshia Morrison said.
Achter had argued the emoji only indicated he had received the contract, and he didn’t have time to read it over.
Mickleborough argued the emoji amounted to an agreement, because he had previously texted numerous contracts to Achter, who would then confirm them via text and fulfil the order.
When found, all five individuals were suffering from hypothermia and had been unable to continue their trek.
A 'thumbs up' emoji is costing one Saskatchewan farmer over $80,000 after two courts say it was enough to signify a contract agreement.
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