Key Facts:

• Parties:

  • Professional Bull Riders, LLC (PBR) – Delaware LLC headquartered in Colorado.
  • Australis Capital Inc. (Australis) – Alberta corporation.
  • Terrence Robert Booth (Booth) – CEO of Australis and personal guarantor.

• Dispute & Arbitration:

  • PBR and Australis entered a Sponsorship Agreement (2021) with a Colorado arbitration clause.
  • PBR filed for arbitration in April 2023, alleging breach.
  • The parties settled in December 2023, with Australis agreeing to pay $275,000 USD, and Booth personally guaranteeing payment.
  • The arbitrator issued an Order (May 7, 2024) enforcing the settlement, later amended to include $39,503 USD in legal fees for a total of $314,503 USD ($452,657.49 CAD).
  • The award was not appealed and remains unpaid.

Court’s Decision:

1. REJA Inapplicable: Colorado is not a reciprocating jurisdiction under Alberta’s Reciprocal Enforcement of Judgments Act (REJA).

2. ICAA & New York Convention Apply: The settlement arose from a commercial legal relationship, and Booth’s participation did not change its nature.

3. Enforceability in Alberta:

   • Booth expressly consented to arbitration and jurisdiction in Colorado.
   • No clause restricted enforcement to Colorado.
   • The award is enforceable in Alberta under the ICAA and the New York Convention.

4. Public Policy & the GAA Defense Rejected:

   • Booth argued his guarantee was unenforceable under Alberta’s Guarantees Acknowledgment Act (GAA).
   • The court ruled Colorado law governs the guarantee, not Alberta’s GAA.
   • Booth was a sophisticated businessman who signed knowingly.

5. Final Ruling:

   • Award enforced in Alberta; Booth personally liable.
   • Costs submissions due July 15, 2025.