Royal Bank of Canada v. Samson Management & Solutions Ltd., 2013 ONCA 313 makes clear that common law guarantee defences can be ousted by sufficiently clear bank language:
[61] Parties are entitled to make their own arrangements, and a guarantor's decision to contract out of the protection provided by the common law or equity will usually be respected by the courts so long as the contracting-out language is clear and unambiguous: Conlin, at para. 4.
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