FOREGOING FRUMPY FORMALISM
FOREGOING FRUMPY FORMALISM

Summary/Abstract: In Saskatchewan, Canada certain contracts must be signed and evidenced by writing. Similarly, wills must be signed and be in writing. Both areas of law have their own interpretive history. Two recent cases serve as examples of judges applying interpretations determining what constitutes a signature and what constitutes writing. One is a Court of Appeal contract law case holding that text messages provided the required writing, and an emoji provided the required signature. This case has been appealed to the Supreme Court of Canada. The other case is a wills law case involving a will created and transmitted on an iPad. The court used a broad approach in using its dispensing power to find the will valid even though it was not written or signed in a traditional sense. This trial decision case will not be appealed but will be impacted by incoming legislation which may require an opposite result. The author compares the cases and suggests the emoji contract case may provide future wills courts an alternative route to a similar result.

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