Legal Question in Credit and Debt Law in Canada

Re: debt

First, as noted on the LawGuru website, this question must be answered with reference to British Columbia law. The law is quite likely the same in Ontario, however. Yes they can take you to court; it is not material where the collection agency is located; the propoer place to sue you is in either the place where the contract was signed or where you live. The choice is that of the people suing you. If you are sued in either place and ignore the lawsuit, then the people suing you will get a judgment that can be enforced against you in your own jurisdiction, in this case Ontario.

It makes no difference who was the "primary borrower"; in law there is no such thing - this is just a term to make a distinction in a contract so there is a distinction between you. It might just as well have said "borrower A" and "borrower B". Your are both equally liable to pay the debt. If either one of you is sued, then the other can claim against the other for "contribution" or "indemnity" so each of you pays what the court thinks is proper - you would have to pay the company you borrowed from, but your ex-boyfriend would have to pay you what the court thought was proper.

Please see a lawyer as soon as possible.

Re: debt

Regardless of where the debt was incurred, it is a valid debt that can be enforced in the Superior Court of Ontario. Effectively, if the collection agency brought the action in Toronto, the judge would review the claim and see if there is, in fact, a valid debt that you agreed to. Under the legal principle of comity, many courts in other jurisdictions will give legal effect to contracts and agreements signed in other countries. Ontario is no different.

As a co-signer, it does not mean that you are any less responsible for a debt. Co-signer means you are as responsible for the debt as your ex is. If he refuses to pay, they can go after you for the debt 100%. Even if he goes bankrupt, you are on the hook for the entire amount.

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