The case, heard in the Court of King’s Bench in Saskatchewan, involved a grain buyer from South West Terminal. In March 2021, the buyer sent a mass text message to clients, expressing interest in buying 86 tonnes of flax at $12.73 per bushel.
The buyer, Kent Mickleborough, engaged in communication with the seller, Chris Achter, via phone. Mickleborough shared a picture of a contract for the delivery of the flax in November and requested confirmation from Achter. In response, Achter simply replied with a thumbs-up emoji. However, Achter failed to deliver the flax as agreed, and by then, the crop prices had risen.
The disagreement between the seller and buyer centered around the interpretation of the emoji. The buyer argued that previous text messages supported their claim that the emoji signified the seller’s agreement to the contract terms. On the other hand, Achter clarified that the emoji in the text message only indicated receipt of the contract.
To support his argument, Justice Keene referred to a definition of the emoji from Dictionary.com. According to the definition, emojis are used to express agreement, approval, or encouragement in digital communication. While acknowledging that this definition may not be definitive, Justice Keene believed it aligned with common understanding. He contended that while a traditional signature confirms identity, modern methods like emojis can serve the same purpose. In this case, the seller’s cell phone number served as the identifying factor.
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