BC Supreme Court Rules Thumbs Down on Emoji Acceptance in Real Estate Contracts

By Rosie Hsueh and James Struthers

In the recent BC judgement, Ross v Garvey, 2025 BCSC 705 (“Ross”), rejected a thumbs up emoji as a signature for the purchase and sale of real property. The decision addresses the recent and media darling Saskatchewan Court of Appeal judgement in Achter Land & Cattle Ltd. v South West Terminal Ltd., 2024 SKCA 115 (“Achter Land”), which accepted a thumbs up emoji as a signature in the context of a commercial bargain.

The decisions in Ross and Achter Land, read together, reenforce the principle that emojis can constitute legally binding acceptance of a contract, but not for contracts respecting real property.

Background Facts

Daniel Ross, the purchaser, brought the action to claim there was a binding contract for the purchase and sale of a property against brothers, Kyle Garvey and Matthew Garvey (the “Garveys”), owners and sellers of the property.

Ross submitted an offer to purchase the Garveys’ property by email (the “Offer”).  Kyle sent a counteroffer by email using the same document Ross sent as the Offer, with changes (the “Counteroffer”). Ross’s signature was still present in the document but the Counteroffer was not signed by Kyle or Matthew. The Counteroffer was accepted by Ross and sent back to Kyle by email. Afterwards, Ross texted Kyle, “I’ve sent you an accepted offer on the email thread. Let me know if there’s any questions” and Kyle responded with a thumbs up emoji.

The Garveys did not proceed with Ross’ accepted offer, taking the position that the parties had not entered a binding contract to sell the Property.

Analysis

The court was satisfied a valid contract was formed between the parties. There was no ambiguity regarding the essential terms of the contract and Ross’ acceptance of the Counteroffer.

To determine the enforceability of the contract, the court considered Achter Land which dealt with a purchase contract for flax seeds. A thumbs up emoji response was held to meet the signature requirement in the Saskatchewan Sale of Goods Act. The emoji satisfied as a mark or proxy to be a signature, which could identify the maker of the signature and the maker’s intention to contract. The dissenting opinion held that there must be an element of solemnity or attentiveness to the act of contracting which could not be satisfied by the sending of a thumbs up emoji.

The contract in Ross respects the purchase of land and the Garveys had not signed the Counteroffer electronically or by hand. The BC Law and Equity Act requires a writing signed by the party charged to enforce a contract for the purchase of land. This means the presence of writing or placement of words, or a mark, representing a signature. The signature must also be made with the intent to contract. This requirement could not be fulfilled with an emoji as the thumbs up failed to represent a mark representing a signature by an individual and also failed to show the intent to contract. The thumbs up emoji was not sufficient to enforce the purchase contract against the Garveys.

Conclusion

These decisions support the principle that whether an emoji might constitute acceptance depends on the type of contract.

Ross dealt with the purchase of land while Achter Land was a contract to purchase a good, which meant that additional applicable laws precluded an emoji from indicating binding acceptance. Achter Land & Cattle has applied for leave to the Supreme Court of Canada, which has not yet been granted or denied.

When communicating about a contract, be cautious with written correspondence as it can impact whether a digital contract formed between the parties. It is also best to have any contract put into writing to avoid confusion and have oral discussions solidified in the contract.  

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This blog post is for information purposes only and is not a substitute for legal advice. Readers are cautioned to not rely on or take any action based on the information provided. If you have any questions regarding a real estate contract, please reach out to James Struthers, Naz Khodarahmi, or Desmond Wang for a complimentary consultation. You can book a consult on www.macushlaw.ca through our booking system or call 604-900-7611.