In a groundbreaking decision, a court in Canada has upheld the validity of a contract based on the use of a "thumbs up" or "👍" emoji in a text message. The court ruled that the emoji indicated the approving party's acceptance of the contract, leading to the enforcement of the agreement.

Judge TJ Keene of the King's Bench for Saskatchewan made the ruling, acknowledging the need for courts to adapt to the challenges posed by modern technology and communication methods.

"This appears to be the new reality in Canadian society, and courts will have to be ready to meet the new challenges that may arise from the use of emojis and the like," stated Judge Keene in the judgment.

The case, titled South West Terminal Ltd. v Achter Land & Cattle Ltd, involved a dispute over a contract for the delivery of flax. The plaintiff argued that a deferred delivery purchase contract had been agreed upon for 87 metric tonnes of flax, while the defendant denied entering into any contract.

The pivotal evidence was a text message exchange between the parties. The plaintiff's representative sent an image of a signed contract to the defendant, accompanied by a request for confirmation. In response, the defendant's representative sent a "thumbs up" emoji.

The defendant claimed that the emoji only acknowledged the receipt of the contract, not the approval. However, the court examined the dictionary meaning of the emoji and concluded that it expressed approval.

Judge Keene emphasized the importance of considering the context and previous interactions between the parties. The defendant had previously responded with curt phrases such as "looks good," "ok," or "yup" to confirm contracts, which were consistently followed through. This established a pattern that supported the interpretation of the emoji as approval.

The court ultimately determined that the "thumbs up" emoji served the purposes of a signature by identifying the signatory and conveying acceptance of the flax contract. Therefore, the court recognized it as a valid means of indicating approval.

The ruling highlights the court's willingness to adapt to evolving forms of communication in modern society. While a traditional signature conventionally confirms an agreement, the court affirmed that modern-day emojis can also be used to approve contracts.

"This court readily acknowledges that a 👍 emoji is a non-traditional means to 'sign' a document, but nevertheless, under these circumstances, this was a valid way to convey the two purposes of a 'signature' – to identify the signatory and to convey Achter's acceptance of the flax contract," explained Judge Keene.

As a result of the breach of contract, the court awarded damages amounting to $82,200.21 to the plaintiff.

The court's decision sets a precedent for future cases involving the use of emojis in contractual agreements, reflecting the evolving nature of communication in the digital era.