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Quebec court case enforcing forum selection clause comes with ironic twist

Friday, October 13, 2017 @ 10:41 AM | By Daniel Urbas

Quebec’s Superior Court has enforced a mandatory forum selection clause even though the defendant relying on the clause claimed that the contract in which it was contained was void.

In TCA Global Credit Master Fund v. 8894132 Canada Inc. 2017 QCCS 4146, the plaintiff had signed guarantee agreements with defendants concerning a separate credit agreement. The guarantee agreements each contained the following forum selection clause:

“Mandatory forum selection. Any dispute arising under, relating to, or in connection with the agreement or related to any matter which...