Electronic communication continues to grow and, by most
observations, it is becoming indispensable in our social discourse.
The advantages of instantaneous communication allow for people to
connect quicker and expand their circle of contacts. At the same
time, this access to instantaneous communication carries risk. A
flippant or ill-tempered remark sent in the course of a speedy
exchange could later prove embarrassing or destructive to a
relationship. Should the same cautionary tale apply to business
negotiations? Can a careless or poorly considered email or text
bind you to an agreement that you did not intend?
In two recent cases, appellate courts closely scrutinized the
role that email exchanges played in business relationships. The
first case, Cana v Standard Innovation, 2018 ONCA 145, was
heard by the Ontario Court of Appeal and it had to decide if two
separate agreements were created amid several email exchanges
between the parties. The Defendant, Standard
