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From a ruling issued in June by the Court of Kings Bench in Saskatchewan, Canada, in a case brought by a grain buyer who claimed that a local farmer had failed to honor an agreement they made via text.

The defendant does not accept the plaintiff’s contention that the 👍 emoji means “I agree” or “I accept.” This has led the parties on a far-flung search for the equivalent of the Rosetta Stone in cases from Israel to New York State to unearth what 👍 means. A starting point is that 👍 has a dictionary meaning: “It is used to express assent, approval, or encouragement in digital communications, especially in Western cultures.” This comports with my understanding, even as a latecomer to technology. The defense remonstrates that allowing a 👍 to signify acceptance would open the floodgates of cases coming forward asking for interpretations of various emojis, for example, what does a 👍 or a 👍 mean? But this court should not attempt to stem the tide of technology. Emoji usage appears to be the new reality in Canadian society, and courts will have to be ready to meet the new challenges that arise.


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September 2023

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