Another Thumbs Up? Leave to Appeal to the Supreme Court of Canada Filed in Relation to Emoji Contract Interpretation Decision
We discussed the well-publicized case involving the interpretation of a “thumbs up” emoji by the Saskatchewan courts (South West Terminal Ltd. v Achter Land, 2023 SKKB 116 is discussed here and the subsequent appeal of that decision, 2024 SKCA 115, is discussed here). The dispute concerned whether a “thumbs up” emoji sent via text message could constitute acceptance of an offer and form a binding contract. The lower court decision was affirmed by the Saskatchewan Court of Appeal, the majority finding that the lower court did not err in determining a contract existed between the parties.
On February 10, 2025, Achter Land & Cattle Ltd. filed an application for leave to appeal to the Supreme Court of Canada.[1] To be granted leave, generally a case must present a question of public importance such that the Supreme Court of Canada’s intervention is warranted.[2] Hundreds of applications for leave to appeal are filed each year, and on average less than ten percent are granted.[3] The time lapse between filing an application for leave and a decision takes, on average, between three and six months.[4]
We will continue to monitor the progress of this application for leave and provide updates as further information becomes available.
[1] Supreme Court of Canada, “Case Information” (last modified 15 February 2025).
[2] Supreme Court Act, RSC, 1985, c S-26, s 40(1).
[3] Supreme Court of Canada, “Statistical Summary 2014 to 2023” (last modified 18 February 2025).
[4] Ibid.
by Carina Chiu, Katherine Akladios and David Burchart (Articling Student)
A Cautionary Note
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
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