BCCA’s Statement on the “Emoji” Ruling

July 19, 2023

The King’s Bench of Saskatchewan recently issued a ruling in South West Terminal Ltd. v Achter Land & Cattle Ltd. holding that a contract was formed by the use of a thumbs up emoji “👍” in a text message. The court determined the thumbs up emoji “👍” was “an action in electronic form that can be used to express acceptance”.

While this case is fact specific, in the view of the BC Construction Association (BCCA), this decision could have implications for the construction industry.

The industry relies on communication, often in a time sensitive environment. Increasingly, text messages are used to convey and seek approval on important and material project matters. This includes changes and site instructions that can have financial and contractual implications.

As stated by the judge, this case is novel but “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.”

“This ruling serves as a cautionary tale for those of us in the construction industry. Your actions and words, written or spoken and now even an emoji, may have unintended legal consequences. Proceed with caution”.

—Chris Atchison, BCCA President

BCCA recommends that professional, clear and direct communication is maintained by every party and every team member.

Source

Related Articles


Latest Articles

  • Guide to the Canadian Electrical Code, Part 1[i], 26th Edition – A Road Map: Section 28 – Motors and Generators

    Guide to the Canadian Electrical Code, Part 1[i], 26th Edition – A Road Map: Section 28 – Motors and Generators

    Rule 28-000 – Scope states that Section 28is a supplementary or amendatory section of the code and provides additional and specific requirements for the installation, wiring methods, conductors, protection, and control of all motors and generators. Read More…

  • Statement by ECAO Executive Director, Graeme Aitken on Tariffs

    Statement by ECAO Executive Director, Graeme Aitken on Tariffs

    February 7, 2025 ECAO posted the following statement from Executive Director, Graeme Aitken on their website regarding potential U.S. Tariffs: For almost 80 years, the Electrical Contractors’ Association of Ontario (ECAO) has served and represented the interests of Ontario’s industry-leading, unionized electrical contractors. Over those many decades, ECAO has stepped up during times of challenge… Read More…

  • Rigid PVC Conduit vs. ENT in High-Rise and Multi-Use Applications

    Rigid PVC Conduit vs. ENT in High-Rise and Multi-Use Applications

    February 7, 2025 By Phil Crangi Choosing the right high-rise construction conduit can significantly impact project efficiency and costs. While rigid PVC (Polyvinyl Chloride) conduit may have a lower upfront cost, ENT (Electrical Nonmetallic Tubing) offers more significant advantages due to its long-term labor savings and installation efficiency. ENT and fittings form an integrated system… Read More…

  • EFC Tariff Response: Advocating for Free Trade

    EFC Tariff Response: Advocating for Free Trade

    February 7, 2025 STATEMENT FROM CAROL MCGLOGAN, PRESIDENT & CEO, ELECTRO-FEDERATION CANADA ON U.S. TARIFFS Electro-Federation Canada (EFC), representing Canada’s electrical and automation industry, strongly opposes the recent tariffs announced (an subsequently delayed) by President Trump on Canadian imports. These tariffs threaten to disrupt North American supply chains, increase costs for businesses and consumers, and… Read More…


Changing Scene