Saskatchewan farm company wants Supreme Court to hear 'thumbs-up' emoji appeal

Article content A Saskatchewan farming outfit feels that Canada’s highest court should hear its arguments about whether a thumbs-up emoji can pass as a signature under the law. Achter Land & Cattle Ltd. (ALC) has filed what’s called an application for leave to appeal to the Supreme Court of Canada (SCC).

The document asks the SCC to consider hearing ALC’s appeal, and provides a few reasons as to why it should. The filing comes after a majority in the Saskatchewan Court of Appeal ruled against ALC in December 2024. The case dates back to early spring of 2021 when a farmer from ALC was discussing a prospective flax contract with a representative of South West Terminal Ltd.



(SWT). The SWT representative sent the farmer a photo of the first page of a contract and asked him to confirm it. The farmer responded with an emoji (a digital graphic) of a hand making the “thumbs-up” gesture.

A court battle later ensued about whether the farmer entered into a binding contract. One judge, who decided the farmer accepted and signed the contract, awarded damages of $82,200.21 plus interest to SWT, as the flax was never delivered.

That judge’s decision was later upheld on appeal by two of three judges in the Saskatchewan Court of Appeal (SKCA). However, the third SKCA judge broke ranks with his colleagues when it came to whether the farmer’s use of an emoji constituted a signature under the law. ALC’s application for leave to appeal to the SCC, dated Feb.

10, says the case “raises an issue of national and public importance of what constitutes an electronic signature in the digital age.” Whether Canada’s highest court will hear the appeal is not yet clear. bharder@postmedia.

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