“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. In finding that the thumbs-up can be used to enter into contracts, Keene said the court “cannot (nor should it) attempt to stem the tide of technology and common usage” of emojis. The eyesight is not even focused, indicating that it never bothered to look into the details of what it was approving. This references an 'instant approval' of something. Keene also dismissed defence concerns that allowing the thumbs up emoji to signify acceptance “would open up the flood gates” to new interpretations of other emojis, including the ‘fist bump’ and ‘hand shake’. An emoji with a thumbs up and a dumbfounded expression. “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’,” he wrote. thumbs down icon emoji sticker illustration Stock Illustration. Justice Timothy Keene, who at one point used a definition of the symbol, lamented that the case “led the parties to a far flung search for the equivalent of the Rosetta Stone in cases from Israel, New York State and some tribunals in Canada, etc. thumbs up like icon emoji sticker Stock Illustration. “I did not have time to review the Flax Contract and merely wanted to indicate that I did receive his text message.”Īt one point in the proceedings, Achter’s lawyer objected to a cross examination of his client into the meaning of the thumbs up, arguing his client “is not an expert in emojis”. “I deny that he accepted the thumbs-up emoji as a digital signature of the incomplete contract,” Achter said in an affidavit.
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