Always read your contracts, otherwise unenforceable clauses, may in fact be enforceable.

I was honoured to assist a colleague in the matter or Ural Link Ltd, doing business as 2m7 Financial Solutions v Simply Delivery and Preston Stevenson

In Oral reasons for decision Madame Justice Olsen of the Lethbridge sitting of the Alberta Court of Justice gave a very succinct review of laws of competing jurisdiction.

For context the claim involved a Personal Guarantee, executed in Alberta but attorning to the Laws of the Province of Ontario. Her Ladyship reviewed the common understanding that the chose of venue (ie, where the trial is taking place) sets the law of procedure. In other words, Alberta's procedures are to be used. However she also found that where there is an Attornment Clause as to substantive law, it is that jurisdictions laws which must be applied. In this case the requirements surrounding personal guarantees.

In Alberta, a Personal Guarantee must be accompanied by a Guarantee Acknowledgement pursuant to the Guarantees Acknowledgment Act. Ontario however has no such legislation. In applying Ontario Legislation to the Guarantee, her Ladyship found that it was enforceable as a result of the Attornment Clause.

In the end Judgment in Ural Links favour in excess of $95,000.00 including costs and pre-judgment interest.