The case South West Terminal Ltd. v. Achter Land and Cattle Ltd. (King’s Bench of Saskatchewan, 2023 SKKB 116) marked a turning point: Canadian courts confirmed that a “thumbs-up” emoji sent by text message can constitute a valid electronic signature.
Context: a buyer sends a photo of a contract along with: “Please confirm the contract for the flax.”
The farmer replies with a simple 👍.
When he later refused delivery, the Court ruled that the thumbs-up sealed the deal, binding him to $82,000.
⚖️ Legal Analysis
The decision was not based on a symbol in isolation, but on the contextual interpretation of the contractual exchanges.
The Court noted:
- An ongoing commercial relationship since 2020;
- Consistent past practices: confirming contracts via text with short responses (“ok,” “yep,” “agreed”);
- The parties’ intent to be bound by this method of exchange.
Relying on the Electronic Information and Documents Act (Saskatchewan), the judge recalled that an electronic signature must identify the person and indicate their intent to be bound. In this context, the emoji met both requirements.
It was therefore the history and transactional setting that gave the 👍 its legal effect.
📜 And in Europe?
The parallel is relevant.
In France, Articles 1366 and 1367 of the Civil Code, transposing Regulation (EU) No. 910/2014 (eIDAS), state that:
- Electronic evidence has the same probative value as paper if it can identify the author and ensure the document’s integrity;
- A simple electronic signature is sufficient as long as it establishes identity and consent.
Thus, in a clear and repeated contractual context, an emoji could qualify as a signature, provided that it proves:
- The signer’s identity (e.g., use of a known personal account);
- Their intention to commit (e.g., established contractual practice).
French courts would assess case by case, based on history, established usage, and available evidence, exactly as in Canada.
🔮 An Inevitable Evolution
This case illustrates the law’s adaptation to new practices in an era where professional exchanges happen through instant messaging, emojis, and one-click confirmations.
With the growing prevalence of digital communications — and soon generative AI — the line between informal expression and binding legal commitment will only continue to blur.
