Saskatchewan’s Court of Appeal has reserved its decision in a case that found a thumbs-up emoji to be legally binding.
It's an interesting case that has attracted a lot of interest and a lot of discussion.
The case stems from a text conversation between South West Terminal and Achter Land & Cattle Ltd over a flax contract that was not fulfilled.
In March of 2021, a grain buyer with SWT sent a text to one of the owners Chris Achter saying that the company was looking to buy 86 tonnes of flax for $17 per bushel to be delivered in the fall.
The buyer spoke with Achter on the phone and later 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 the flax - which had increased in price - was never delivered.
The court heard that over the years similar agreements between the two had been made over text.
Court of King's Bench Justice T.J. Keene ruled in favor of SWT and called on Achter to pay damages, interest, and court costs of over $82,000.
Achter's case went before the Appeals Court on Tuesday with the three justices reserving their decision.