eCase Note 2022 No. 02

Implications of using email to negotiate agreements

The mobility and fast-paced nature of today's world means that businesses are relying on technology more than ever to conduct business. While the use of technology in conducting business has provided many benefits, the British Columbia Court of Appeal in Vancouver Canucks Limited Partnership v Canon Canada Inc, provides an important reminder on the implications of using email to negotiate agreements.

The Court of Appeal held that through a series of emails, the parties had entered into a multi-year sponsorship agreement. In reaching its decision, the court applied three factors to determine whether a binding agreement had formed based on a series of emails between the parties: