Grain buyer with South West Terminal sent a text to farmers in March 2021 saying that the company was looking to buy 86 tonnes of flax for $17 per bushel to be delivered in the fall.
The buyer, Kent Mickleborough, later spoke with Swift Current farmer Chris Achter on the phone and texted a picture of a contract to deliver the flax in November, adding “please confirm flax contract.”
Achter texted back a thumbs-up emoji. But when November came around, the flax was not delivered. Prices had increased.
Achter argued his emoji only meant he received the contract, not that he signed it, but the judge ruled the buyer had a deal.
Mickleborough said Achter previously confirmed through text message and always fulfilled the order.
Achter said “I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.”
Justice Timothy Keene ruled that the thumbs-up emoji did meet signature requirements and therefore the farmer breached his contract.
The judge pointed to a Dictionary.com definition of the thumbs-up emoji, which said it is used to express assent, approval or encouragement in digital communications.
“This court readily acknowledges that a (thumbs-up) emoji is a non-traditional means to `sign’ a document but nevertheless under these circumstances this was a valid way to convey the two purposes of a `signature,”' Keene wrote in his decision.
