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ARTICLE · 03 AUGUST 2023

Thumbs Up To Saskatchewan Decision 👀

In June a Saskatchewan court released a decision stating that a thumbs up emoji "👍" in a text response was an acceptable means of confirmation to form a binding contract.

CanadaCorporate/Commercial Law

BACKGROUND

In June a Saskatchewan court released a decision stating that a thumbs up emoji “👍” in a text response was an acceptable means of confirmation to form a binding contract. In the context of the relationship between the parties, their past practice and the circumstances presented to the court, the judge gave the thumbs up to the plaintiff's argument that the defendant accepted the contract presented to him by text message. While there have been many snappy headlines regarding this decision, it was based on sound reasoning and followed established law.

THE “📠”

The case deals with a dispute between Southwest Terminal Ltd. who was intending to purchase flax from Achter Land and Cattle Ltd. - two parties with a history of successfully completing various deferred grain purchase transactions.

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