What is the effect of a non-exclusive clause in a contract?
Nova Scotia, Canada
The following excerpt is from 3289444 Nova Scotia Limited v R.W. Armstrong & Associates Inc., 2018 NSCA 26 (CanLII):
Non-exclusive clauses reflect a spectrum of degrees of preference: e.g., Sugar v. Megawheels Technologies Inc., [2006] O.J. No. 4493 (Sup. Ct. J.), para. 19. The weight merited by such a clause in the forum non conveniens analysis varies with the force of the wording that the parties have chosen for their contract.
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