Canada: Top 5 Civil Appeals From The Court Of Appeal (September 2011)

Last Updated: November 30 2011
Article by Kirk F. Stevens
1.  Sutherland v. Hudson's Bay Company, 2011 ONCA 606 (Gillese, MacFarland and Rouleau JJ.A.), September 22, 2011
2.  TA & K Enterprises Inc. v. Suncor Energy Products Inc., 2011 ONCA 613 (Goudge, MacFarland and Watt JJ.A.), September 27, 2011
3.  The Sovereign General Insurance Company v. Walker, 2011 ONCA 597 (O'Connor A.C.J.O., Laskin and MacPherson JJ.A.), September 19, 2011

4.  Morsi v. Fermar Paving Limited, 2011 ONCA 577 (MacPherson, Juriansz and Karakatsanis JJ.A.), September 8, 2011
5.  Clark v. Werden, 2011 ONCA 619 (Doherty, Feldman and Epstein JJ.A.), September 30, 2011
1.  Sutherland v. Hudson's Bay Company, 2011 ONCA 606 (Gillese, MacFarland and Rouleau JJ.A.), September 22, 2011
For those interested in the basic principles of pension plan surplus law, Gillese J.A.'s judgment provides an excellent primer.  The result was a win for the Simpson's pension plan employees, unlike the outcome in Burke v. Hudson's Bay Co., [2010] 2 S.C.R. 273, in which the same employer prevailed in its claim to the surplus in another pension plan.
The Simpson's plan was a "defined benefit plan", meaning that the employer sponsoring the plan promised members a specific level of pension on retirement.  By contrast, in "defined contribution plans," members are simply promised a pension based on whatever the plan's investment experience happens to generate from the contributions.  Of course, every pension plan must be funded by contributions, which can be made by the employer alone or by the employer and the employees.  Only defined benefit plans can generate surpluses or deficits because investment experience can exceed or fall short of what is required to generate the defined benefits.  Defined benefit plans must retain actuaries to ensure that contributions are sufficient to keep the plan on track to meeting its obligations.  When ongoing defined benefit plans are more than able to meet their projected obligations, they are said to be in "actuarial surplus".  If a defined benefit pension plan is wound up and is in surplus, the actuarial surplus becomes a real surplus.
One might think that if the members of a defined benefit plan receive the defined benefit, they should have no complaint if the employer gets the benefit of surplus, either through a contribution holiday in the case of an ongoing plan or an actual cash payout in a winding-up.  However, the law is more complicated than that.  The complication arises because pension plans must be funded.  Where the funding mechanism involves a trust, equitable trust principles trump common law contract principles: Schmidt v. Air Products of Canada Ltd., [1994] 2 S.C.R. 611 ("Schmidt").  This means that the provisions of the trust declaration creating the trust fund will prevail over the contractual provisions in the pension plan that embodies the bargain between the employer and the employees.  Hence, depending on the language of the trust agreement, the employees may be entitled to the surplus as well as the defined benefit. 
In Schmidt, the Supreme Court set out a framework to determine who is entitled to a surplus:  1) examine the documentation in chronological order; 2) determine if the fund  is impressed with a trust; 3) if  the answer to 2 is "no", the employer wins, but if "yes", equity prevails over common law, with the result that the language of the trust declaration trumps the contractual language in the plan; 4) if the fund is subject to a trust, ask whether the employer explicitly limited the operation of the trust so that it does not apply to surplus (if so, the employer wins); 5) ask whether the employer expressly reserved a power of revocation when the trust was created (if so, the employer wins, but the revocation must be express, not merely implicit from a general power enabling the employer to amend the trust declaration).  Note that step 5 means that, if the original trust declaration did not contain an express reservation of a power of revocation, the employer cannot later amend the trust declaration to access the surplus.
The Simpson's trust declaration, which HBC inherited when it acquired that retailer in the 1970's, gave the employer a general power to amend and terminate the trust, but did not contain express language enabling the employer to re-appropriate money contributed to the fund.  To the contrary, the trust declaration provided that any amendment or termination "shall not authorize or permit or result in any part of the corpus or income of the Trust Fund being used for or diverted to purposes other than for the benefit exclusively of members of the Plan and their beneficiaries".  That language was the primary reason why the Court of Appeal held that the employees of the Simpson plan were entitled to the surplus.
HBC argued that certain provisions of the pension plan itself made it clear that it was entitled to the surplus.  The court rejected the argument, holding that even if the language was as clear as HBC contended, Schmidt dictates that the language in the trust document prevails.
The Court of Appeal saw nothing in Burke to compel the conclusion that the Supreme Court intended to alter the Schmidt framework. It distinguished Burke, in which the plan documents expressly excluded any entitlement of the plan members to any part of the trust fund in excess of the defined benefit.  While the trust agreement in Burke contained "exclusive benefit" language, that document was only created after the plan had been set up and had to be interpreted in the light of the language in the plan. Even more significantly, the language occurred in a discrete provision of the trust document that authorized the plan trustee to make payments for taxes and administration purposes.
Thus, the result gave the former Simpson's employees the upside of the fund's investment experience, even though the employer remained liable for providing the defined benefits. In economic terms, one can see the result as converting a defined benefit plan into a defined contribution plan with a "floor" guarantee. Was that the intent of the bargain between the employer and employees when the plan was created? The answer is "probably not".  The "exclusive benefit" language in pension plan trust declarations was aimed at securing tax deductions for employers for their pension contributions, not at giving employees a "floor" guarantee with unlimited upside. However, perhaps such employers should have foreseen that somewhere down the road they would be subject to the law of unintended consequences. After all, to get the tax deduction, they had to irrevocably part with their contributions. Once you give away your property, you usually aren't entitled to get it back.
2.  TA & K Enterprises Inc. v. Suncor Energy Products Inc., 2011 ONCA 613 (Goudge, MacFarland and Watt JJ.A.), September 27, 2011
Section 5 of the  Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000 ("the Act") requires franchisors to provide franchisees with pre-contractual disclosure.  Failure to comply enables the franchisee to sue for rescission and the return of moneys paid to the franchisor.  However, the disclosure requirement contains several exemptions, including
5.(7) This section does not apply to,...

(g) the grant of a franchise if,...

(ii) the franchise agreement is not valid for longer than one year and does not involve the payment of a non-refundable franchise fee...
To secure the benefit of this exemption, Suncor was careful to ensure that its Retail Franchise Agreements ("RFA's") with its gas stations had terms of less than a year with no option to renew.  Also, payments by gas stations to Suncor were solely in the form royalties for product sold.  There was no upfront fee for the right to sell Suncor product.
The RFA between Suncor and TA&K was signed on November 11, 2008 and the term was for November 15, 2008 to November 14, 2009, a year less a day.  When Suncor's parent was acquired by Petro-Canada in early 2009, the Competition Bureau ordered Suncor to divest itself of a number of gas stations.  Thus, in October, 2009, Suncor advised TA&K that when the RFA expired, it would only be extended on a month-to month basis.  In early 2010, Suncor advised TA&K that there would be no extensions after August, 2010.  TA&K responded to the bad news by bringing a class action based on the proposition that Suncor's failure to provide pre-contractual disclosure enabled gas stations in the same boat as it to claim rescission and the return of moneys paid under the RFA.  Suncor successfully moved for summary judgment and TA&K appealed.
TA&K advanced several clever but unsuccessful arguments for the proposition that the exemption did not apply.  First, it contended that even though the RFA had a term of a year less a day, it was signed four days before the term began and was thus "valid" for a year and three days.  TA&K argued that if Suncor had repudiated the RFA between the time it was signed and the beginning of its term, it had the right to sue Suncor for "anticipatory breach" and thus had a right of action over a period longer than a year.
The Court of Appeal agreed with the motion judge that the exemption was aimed at franchisees at minimal risk and defined the period of risk at a year.  It noted that TA&K conceded that the exemption would apply to a stall at a three week autumn fair that signed up more than a year in advance.  As for the point that TA&K could sue for anticipatory breach, the court noted the observation by Professor John D. McCamus in his book, The Law of Contracts (Toronto: Irwin Law, 2005), at pp. 651-52 that "anticipatory breach" might be more aptly worded as "anticipatory repudiation", with the result that it was not accurate to say that the obligations under the RFA were valid for more than a year.  The court also rejected arguments that since certain confidentiality provisions in the RFA continued after its expiry and the lease also continued on a month-to-month basis after its expiry, the RFA was valid for more than a year.
Stressing the French version of "franchise fee" in s.5(7)(g)(ii) ("redevances de franchisage non remboursables"), TA&K also argued that the royalty payments were "franchise fees".  It maintained that the word "redevances" meant "any amount required to be paid at fixed intervals".  The court gave this argument short shrift, noting that if it were right, no franchise agreement would ever qualify for the exemption.  It also noted that the 1971 report by Samuel Grange, Q.C. (later Grange J.A.) that eventually led to the passage of the Act excluded royalty payments from the concept of "franchise fees."
Despite the result in this case, one may still wonder about the fairness of the exemption itself because of the apparent ease with which franchisors are able to engage it by limiting the terms of their agreements to a year less a day.  The gas stations in this case are not in the same position as vendors at country fairs.
3.  The Sovereign General Insurance Company v. Walker, 2011 ONCA 597 (O'Connor A.C.J.O., Laskin and MacPherson JJ.A.), September 19, 2011
Section 132 of the Insurance Act, R.S.O. 1990, c.I.8 ("the Act") allows a third-party to recover against an insurer where its insured has failed to satisfy a judgment for damages.  However, under s.132, a third party has no greater rights than the insured because the third party is "subject to the equities" between the insured and the insurer.  Thus, if the insured does something to nullify coverage, the third party can be out of luck.  In this case, the insured failed to inform the insurer of the claim.  However, the insurer did get notice of the claim from the insured's landlord, which was also liable to the third party.  Is the insurer entitled in these circumstances to sit back and watch the claim unfold secure in the knowledge that its insured's failure will insulate it from liability?  Also, in these circumstances, should the court grant relief from forfeiture under s.129 of the Act?
On a cold winter's day, Marie Walker emerged from a movie theatre in a suburban mega-mall with her family.  The conditions in the parking lot were so treacherously icy that, despite taking due care, she lost her footing and smashed her head, sustaining a serious injury.  She sued the landlord and the maintenance company.  The landlord responded to the claim.  The maintenance company went bankrupt and failed to defend.  The landlord knew that Sovereign was the maintenance company's insurer and forwarded all the pleadings (including its crossclaim) to the insurer, albeit five years after the accident.  On legal advice, the insurer maintained its silence.  The Walkers settled with the landlord and obtained default judgment against the maintenance company.  They then sued Sovereign under s. 132 of the Act and obtained summary judgment.  Sovereign appealed.
Although the insurer demonstrated that the motion judge erred in his interpretation of one provision of the insurance policy, the Court of Appeal dismissed the appeal for two reasons.  First, it held that the insurer received notice under the following policy provision:
3(a) In the event of an accident or occurrence, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given promptly by or for the Insured to the Insurer or any of its authorized agents.
The court held that a purposive interpretation of the words "by or for the Insured" enabled notice to be given by a party in sufficient proximity to the insured to have knowledge of the claim.  At the very least, the court said, the provision was sufficiently ambiguous to construe it against the insurer.
The most significant aspect of this decision, however, was the court's treatment of s.129 of the Act:
129. Where there has been imperfect compliance with a statutory condition as to the proof of loss to be given by the insured or other matter or thing required to be done or omitted by the insured with respect to the loss and a consequent forfeiture or avoidance of the insurance in whole or in part and the court considers it inequitable that the insurance should be forfeited or avoided on that ground, the court may relieve against the forfeiture or avoidance on such terms as it considers just.
First, because Sovereign had received actual, albeit late, notice of the claim, the court held that this was a case of "imperfect compliance" within the meaning of s.129, as opposed to non-compliance:  see Falk Bros. Industries Ltd. v. Elance Steel Fabricating Co., [1989] 2 S.C.R. 778.  Therefore, the motion judge had the discretion to grant relief.  His exercise of discretion was justified by two factual findings.  First, there was no bad faith by the maintenance company, the landlord or the Walkers.  Second, even if Sovereign had received more timely notice, there was nothing it could have done differently.
Despite the outcome in this case, one can easily imagine circumstances where injured people will not be able to obtain recovery in similar circumstances. The Walkers would have been out of luck if the landlord had not sent the pleadings package to Sovereign. There may be a story here that did not make its way into the record.  It would be interesting to know the circumstances of the settlement with the landlord and whether there is any connection between the settlement and the landlord's decision to provide the insurer with notice of the claim.
One other fact is worth mentioning – the slip and fall occurred on January 30, 1999.  It took a dozen years for litigation to conclude.  Assuming a life span of 80 years, the case consumed a full one sixth of a lifetime. So, be very careful the next time you are in an icy parking lot. The hurt can last a long time.
4.  Morsi v. Fermar Paving Limited, 2011 ONCA 577 (MacPherson, Juriansz and Karakatsanis JJ.A.), September 8, 2011
Although the statutory duty of municipalities to maintain their roads has an affinity with the common law duty of care, this tragic case reminds us that the duties are different.  The statutory duty is found in s. 44 of the Municipal Act, 2001. S.O. 2001, c.25:  it requires municipalities to keep highways under their jurisdiction "in a state of repair that is reasonable in the circumstances".  A long line of cases, including decisions of the Supreme Count of Canada, holds that this means that the road must be kept in a state that allows people to use it safely by exercising ordinary care: see, e.g., Housen v Nikolaisen, 2002 SCC 33  at para.60.
In June, 2005, York Region was resurfacing Major Mackenzie Drive just west of Highway 27.  About 400 metres to the west of the intersection, the fresh asphalt ended and westbound drivers had to negotiate a transition to a road surface that was still in the process of being treated.  The speed limit was 60 km/h and signs indicated a construction zone.  Just before the transition point, there was a curve with a posted advisory speed of 40 km/h.  About 385 metres from the transition point, back near Highway 27, there was a "Pavement Ends" sign.  Unfortunately, Mr. Morsi, who was driving at 117 km/h, lost control of his Volkswagen Jetta at the transition point and fatally crashed into a utility pole.
The trial judge found that Mr. Morsi was largely to blame but still imposed liability on the municipality: see 2010 ONSC 3851.  First, he held that the municipality failed to inspect the road properly and was not fully aware of the slippery nature of the surface of the portion of the road under treatment. Second, he found that the "Pavement Ends" sign was inadequate on two grounds. First, such a sign only indicates a change from pavement to gravel, as opposed to a change from pavement to fresh treated surface.  There was evidence that "fresh treated surface" signs were recommended in the Ontario Provincial Standard Specifications (OPSS) 304 beginning in 2006. He also held that the sign should have been posted 30 metres, not 385 metres, from the transition point.
However, the trial judge also made another finding, which resulted in the Court of Appeal's reversing his judgment: if Mr. Morsi had been driving at the speed limit or even "modestly above it," he would not have lost control.  As the Court of Appeal noted, this finding clearly implied that drivers using ordinary care could have safely negotiated the transition point.  It therefore followed that the road was in a state of repair that was reasonable in all of the circumstances.
Although the trial judge had referred to the statutory wording and correctly enunciated the test in the Supreme Court cases, the Court of Appeal found that he failed to apply that test. An examination of the trial judge's reasons reveals that he also cited a number of common law negligence cases, including road maintenance cases from British Columbia, where the road authority's duty is a common law duty.
This case, therefore, highlights the difference between the statutory and common law duties. The trial judge here found negligence on the basis that the municipality could have reasonably done more to improve the safety do the road. However, the statutory test only requires the municipality to do as much as is necessary to ensure that ordinary drivers using ordinary care can negotiate it safely. The difference between the two tests may be subtle, but it is real.
The paving company in this case was governed by the common law, not the statute.  However, the court also allowed its appeal.  The trial judge had found that the paving company ought to have foreseen that drivers would speed over the transition point.  The Court of Appeal held that the company was not obliged to foresee that Mr. Morsi would drive over it at almost twice the posted speed limit and three times the advisory speed.  The court concluded that the sole cause of the tragedy was Mr. Morsi's own "reckless" driving.
5.  Clark v. Werden, 2011 ONCA 619 (Doherty, Feldman and Epstein JJ.A.), September 30, 2011
Is there anything left in Ontario of the ancient law of maintenance and champerty other than An Act Respecting Champerty, R.S.O. 1897, c. 327, which, although never repealed, was not included in the last version of Ontario's revised statutes?  This case suggests "probably not."
Clark, Werden and Muller were once friends.  Clark and Werden, however, had a falling out.  Muller loaned Werden $120,000 but Werden defaulted.  Muller and Clark then agreed that Muller would assign the debt to Clark.  Clark paid nothing to Muller for the assignment, but they agreed that they would talk later about how to divide the money once it was collected.  Clark then sued Werden.  Werden attacked the assignment, alleging maintenance and champerty.  Clark obtained judgment.  Werden appealed.
Werden's position was that Muller would not have pursued him on the debt, and that it was Clark who sought the assignment with no previous interest other than bad feeling toward him.  Clark had been an employee of Werden's and then left to start a competing business which triggered litigation in which Werden succeeded.
At trial and on appeal, Werden relied on NRS Block Brothers Realty Ltd. v. Minerva Technology Inc. (1997), 145 D.L.R. (4th) 448 (B.C.C.A), which sets out the indicia of maintenance: "element of officious intermeddling; no previous commercial connection; the assignee is speculating on a personal gain from the lawsuit; there is a stirring up of strife; the assignee initiates or promotes the commencement of the lawsuit."
The trial judge held that all of the indicia were irrelevant because, as long as the assignment of the debt complied with s. 53(1) of the Conveyancing and Law of Property Act, R.S.O. 1990, c. C.34, the motives of the assignee are of no concern to the law.  The assignee was simply asserting a property right.
The Court of Appeal agreed.  It relied on the judgment of McLachlin J. A. (now C.J.C.) in Fredrickson v. I.C.B.C, [1986] 3 B.C.L.R. (2d) 145 (C.A.), which the Supreme Court adopted at [1988] 1 S.C.R 1089.  In that case, however, the assignee was a judgment creditor who took an assignment of his debtor's cause of action against a third party in satisfaction of the debt.  The assignee thus had a pre-existing commercial interest.  By contrast, Clark had no such pre-existing commercial interest.  He only had an axe to grind. In Frederickson, however, McLachlin J.A. referred to Fitzroy v. Cave, [1905] 2 K.B. 364 (C.A.) in which Cozens-Hardy L.J. likened the transfer of a debt, which is a chose in action, to the transfer of property in a "bale of goods" and said that it was "not easy to see" how maintenance and champerty have any application to assignments.
Indeed, a century later, it is "not easy" to see how the law of maintenance and champerty has any application to anything any longer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions