How do I make a contract with a Canadian from the US?

Question

I have a start-up company with a Non-Disclosure Agreement. I want to make sure that my Agreement applies when I am dealing with international prospects. Is there any special article or consideration to make when signing contracts with denizens of the great white north?

Answer 1

Nope. The legal systems are the same.

There are *practical* considerations of course. While you can put "choice of jurisdiction" and "choice of venue" language in the contract so that if he breaks it you can sue him in your local court instead of having to go to Canada, that still leaves you sitting in Texas or wherever with a judgment from a Texas court that is of no value whatsoever in Canada.

You can take that judgment to a court in his Province in Canada and have them "domesticate" it, but it still means dealing with the Canadian courts, and then trying to collect in Canada.

It's no different than if you were in California trying to collect from someone in Maine, but it's still a hassle.

Of course, if you're in Niagara Falls, NY, and they're in Niagara Falls, ON then it's a lot LESS hassle than California / Maine :-)

Richard