Cases Considered: Can-Am Produce & Trading Ltd. v. Kan Yan Trading Co. Ltd., 2007 ABQB 738
PDF Version: Choice-of-Law Principles and the Guarantees Acknowledgment Act
Alberta’s Guarantees Acknowledgment Act (G.A.A.), R.S.A. 2000, c. G-11, is a unique piece of legislation. It requires an individual guarantor in most cases to appear before a notary public and acknowledge that he or she is the person who executed the guarantee. The notary must then examine the person to satisfy him or herself that the guarantor is aware of the contents of the guarantee and understands its effect. Upon being so satisfied, the notary then issues a certificate to that effect which must be signed by the guarantor.