This appeal concerned the enforceability of an unlimited and continuing guarantee executed by the appellant, Jaimee Lynn Gdak, in favour of Clearflow Commercial Finance Corp. The appellant, a director and officer of the principal debtor (Trigger Wholesale Inc.), argued she was released from the guarantee due to material changes in the indebtedness, lack of independent legal advice, lack of sophistication, unconscionability, and Clearflow's alleged breach of agreement.
The Court of Appeal upheld the motion judge's decision, finding the guarantee valid, binding, and enforceable.
The court affirmed that the appellant had contracted out of common law protections regarding material changes and found no errors in the lower court's findings regarding her sophistication, the need for independent legal advice, or the interpretation of the guarantee.