Farmer ordered to pay $82K after responding to contract with thumbs-up emoji

A Saskatchewan farmer’s use of a thumbs-up emoji has cost him more than $82,000.

In South West Terminal Ltd. v. Achter Land, the Court of King’s Bench for Saskatchewan found that emojis can amount to a contractual agreement.

Overview of the case

In March 2021, Kent Mickleborough, a grain buyer with South West Terminal (SWT), sent a text message to farmers — saying that the company was looking to buy 86 tonnes of flax for $17 per bushel.

For those who were interested, the contract stated that the flax needed to be delivered in November.

After speaking with Chris Achter over the phone, Mickleborough texted him a photo of the agreement to deliver the flax, adding “please confirm flax contract.”

Achter responded with a thumbs-up emoji. When November came around, no flax was delivered and prices for the crop had increased.

LISTEN: Employment lawyer Jeremy Herman discussed the legal consequences of emoji use with Scott Thompson on 900 CHML.

Achter’s response

In an affidavit to court, the Swift Current farmer claimed that his use of the thumbs-up emoji was meant to acknowledge that he had received the photo of the contract.

“I deny that [Mickleborough] accepted the thumbs-up emoji as a digital signature of the incomplete contract,” Achter said.

“I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.”

The Court’s Decision

Justice Timothy Keene said in his decision that Achter’s use of the thumbs-up emoji did meet signature requirements.

As a result, the court found that the farmer breached the contract and was ordered to pay SWT more than $82,000.

Justice Keene pointed to a Dictionary.com definition of the thumbs-up emoji, which said it’s used to express assent, approval or encouragement in digital communications.

“This court readily acknowledges that a [thumbs-up] 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’,” he wrote in his decision.

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Key takeaway for employees

While this situation took place in Saskatchewan, it highlights why it’s so important for non-unionized employees across Canada, including in Ontario, Alberta, and British Columbia, to understand their rights before accepting a new employment contract.

You don’t have to sign a new employment contract immediately

If you receive a new employment contract from your employer, don’t accept anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

This includes sending any emojis to your boss after you have been provided with the agreement.

In many cases, employment contracts take away key protections that would otherwise be available to you.

Your employer might attempt to limit your severance package to a few weeks’ pay or add a clause that gives them the ability to make significant changes to your job.

ADDITIONAL RESOURCES
• Can my employer make changes to my job in Ontario?
• Changes to your employment in B.C.: Your rights
• Job changes in Alberta: What employees need to know

WATCH: Employment lawyer Lior Samfiru explains the five things workers need to know about employment contracts on an episode of the Employment Law Show.

It’s important to understand that your boss can’t legally force you to accept a new agreement immediately or a few days after receiving it.

Our firm can review the contract and ensure that your workplace rights are properly protected.

LEARN MORE
• Starting a new job? Here’s how an employment contract could limit your rights
• ’60 days or more’: Is it an enforceable termination clause?
• Can Suncor Energy force me to move from Toronto to Calgary?

Received a contract? Speak with an employment lawyer

Before signing a new employment contract, have the experienced employment law team at Samfiru Tumarkin LLP review the agreement to make sure your workplace rights are protected.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

We can help you better understand the terms of the contract and advise you on how best to navigate the situation.