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Agricultural company Achter Land & Cattle Ltd. from Saskatchewan has now filed an appeal with the Supreme Court of Canada. They want the court to consider whether responding to a contract proposal with a “thumbs-up” emoji can be considered a legal signature.
The case began in 2021 after a South West Terminal employee sent a photo of a contract to sell flax worth $58,000. Achter Land & Cattle owner Chris Achter responded with a “thumbs-up” emoji but did not deliver the 87 tonnes of flax as agreed.
The Court of King’s Bench in 2023 ruled that the emoji was a sign of agreement to the contract. The company was ordered to pay more than $82,000 to SWT for non-delivery and price gouging.
The Saskatchewan Court of Appeal upheld the decision in December 2024. However, Achter continues to insist that he never accepted the agreement and is now seeking guidance from the Supreme Court of Canada on the meaning of electronic signatures in the digital age.
Lawyers say the case could become a national benchmark and affect other areas of law. An appeal filed on February 10 is still awaiting a decision from the Supreme Court.
The case began in 2021 after a South West Terminal employee sent a photo of a contract to sell flax worth $58,000. Achter Land & Cattle owner Chris Achter responded with a “thumbs-up” emoji but did not deliver the 87 tonnes of flax as agreed.
The Court of King’s Bench in 2023 ruled that the emoji was a sign of agreement to the contract. The company was ordered to pay more than $82,000 to SWT for non-delivery and price gouging.
The Saskatchewan Court of Appeal upheld the decision in December 2024. However, Achter continues to insist that he never accepted the agreement and is now seeking guidance from the Supreme Court of Canada on the meaning of electronic signatures in the digital age.
Lawyers say the case could become a national benchmark and affect other areas of law. An appeal filed on February 10 is still awaiting a decision from the Supreme Court.