Can a properly worded guarantee reserve the right to continue the claim against the remaining co-guarantors when one or more is released?
Alberta, Canada
The following excerpt is from Koska (Bankrupt), 2000 ABQB 953 (CanLII):
However, it does note that a properly worded guarantee can reserve the right to continue the claim against the remaining co-guarantors when one or more is released. See Bauer v. Bank of Montreal ( 1980) 1980 CanLII 12 (SCC), 110 D.L.R. (3d) 424 ( S.C.C.) It argues that each of the guarantees signed in this case bore wording which had that effect.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff amend his Statement of Claim to add a defendant to his Claim? (Alberta, Canada)
Does a defendant have a right to recover from a plaintiff in a claim for damages arising out of a breach of a lease? (Alberta, Canada)
How to balance the Charter-protected rights of mobility rights and freedom of association with those of the public good? (Alberta, Canada)
How have decisions by the Chief Commissioner of Human Rights and Human Rights have been treated in the context of discrimination cases? (Alberta, Canada)
What is the test for a plaintiff to claim damages for items that have not been claimed? (Alberta, Canada)
What is the limitation period for a continuing claim? (Alberta, Canada)
In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
Does the word evade or evade in the context of a tax evasion claim? (Alberta, Canada)
Does the fact that a landlord has reserved the right to enter the premises to effect repairs, or to keep the premises in a state of repair, have any liability towards the tenant? (Alberta, Canada)
Is there any case law where insurers have a right to rely on a plaintiff’s failure to serve a renewed statement of claim? (Alberta, Canada)
