Canada: Court Of Appeal Summaries (August 10 – 14, 2015)

Last Updated: August 18 2015
Article by John Polyzogopoulos

Below are the summaries of this week's Ontario Court of Appeal decisions. Topics covered include stare decisis and the vicarious liability of motor vehicle owners, class actions and charitable organizations, and the interpretation of a directors' and officers' liability policy with regard to the insurer's liability for defence costs.

We hope you continue to find this blog useful and are sharing it with colleagues who may be interested. As always, we welcome your comments and feedback.

Fernandes v Araujo, 2015 ONCA 571

[Sharpe, MacFarland, Rouleau, Lauwers and Pardu JJ.A.]


A. Gilbert, for the appellant

C. Brown and S. L. Stevens, for the respondent S. Fernandes

E. Takacs, for the respondents E. Araujo and The Superintendent of Financial Services

Keywords: Torts, Negligence, Motor Vehicle Accidents, Insurance Law, Summary Judgment, Vicarious Liability of Owner of Motor Vehicle, Owner's Consent to Operate Motor Vehicle, Highway Traffic Act, ss.192(2), Stare Decisis, Overruling Prior Decision of the Court of Appeal as Wrongly Decided, Newman and Newman v Terdik


The plaintiff, S. Fernandes, sustained serious injuries as a passenger on an ATV driven by the defendant, E. Araujo. The ATV was beneficially owned by Carlos Almeida. Carlos' cousin, John Paul, told the plaintiff and defendant how to use the ATV. In Carlos' presence, John Paul also instructed them not to leave the farm property with the ATV. Later that day, without asking permission, the plaintiff and defendant drove the ATV off the farm property. On their return, they were involved in an accident.

The ATV was insured by the statutory third party/appellant, Allstate Insurance. Allstate denied the defendant, E. Araujo, third party coverage as she did not have the class of licence required to operate an ATV in contravention of a statutory condition of the standard Ontario Motor Vehicle Policy. The Ministry of Financial Services assumed Araujo's defence pursuant to the Motor Vehicle Accident Claims Fund Act and issued a third party claim against Allstate. Allstate defended the third party claim and was added as a statutory third party to defend the main action.

Allstate brought two motions for summary judgment: the first, in the main action, on behalf of Carlos to dismiss Fernandes' claim on the ground that Araujo was not driving the ATV with his consent, and the second, to dismiss Araujo's third party claim on the ground that she was not entitled to coverage as she was driving the ATV without a proper licence.

The motion judge dismissed Allstate's summary judgment motion in the main action but allowed the motion to dismiss Araujo's third party claim for coverage. No appeal was taken with respect to the dismissal of the third party claim.

The motion judge's refusal to dismiss Allstate's motion in the main action rested on two grounds, one factual and the other legal. The motion judge found as a fact that Carlos permitted Araujo "to possess and drive the ATV and did not impose any restrictions on the use of the ATV". He found that John Paul's statement that Fernandes and Araujo should not leave the farm property with the ATV could not be attributed to Carlos. The legal ground for dismissing Allstate's motion for summary judgment was that even if John Paul's command to not leave the farm property could be attributed to Carlos, because Carlos had consented to Araujo's possession of the ATV, pursuant to the authority of Finlayson v GMAC Leaseco Ltd, 2007 ONCA 557, any restrictions on the use of the ATV would not exculpate Carlos from vicarious liability.


(1) Did the motion judge err by concluding that in the absence of an express prohibition against taking the ATV off the farm property, the owner must be taken to have consented to possession at the time of the accident?

(2) Did the motion judge err by failing to follow the decision of this court in Newman and Newman v Terdik, [1953] OR 1 (CA)?

(3) Should the decision of this court in Newman and Newman v Terdik be overruled?

Holding: Appeal dismissed with costs.


(1) No, the motion judge did not err by concluding that since the owner of the ATV did not expressly prohibit the defendant from taking the ATV off the farm property, the defendant was in possession of the vehicle with the owner's consent at the time of the accident. Allstate argued the test for the vehicle owner's consent under ss.192(2) of the Highway Traffic Act turns on the subjective belief of the party in possession of the vehicle. However, this argument essentially challenges the factual findings of the motion judge. The defendant did not admit that she knew the owner had forbidden her from driving the ATV on the highway. There was also evidence that the owner took no steps to stop the defendant from driving after he knew the ATV was taken off of the farm property. In addition, pursuant to ss.192(2) of the Highway Traffic Act, it cannot be the case that if the person in possession subjectively believes that they have the owner's consent, that alone is sufficient to determine the liability of the owner. This would allow anyone with actual possession of the vehicle to fix the owner with liability even where the owner had not consented to that person having possession of the vehicle. The focus of the language and purpose of the provision are on the actions of the owner who is charged with the responsibility of exercising appropriate caution when giving another person possession of the vehicle.

(2) No, Newman was wrongly decided. In Newman, the Court of Appeal held that where the owner gave the driver permission to drive on private property but expressly prohibited the driver from operating the vehicle on the highway, the owner is not vicariously liable for damages sustained as a result of a highway accident when the person with possession of the vehicle violated the condition and drove the vehicle on a highway. This decision is inconsistent with the reasoning and principle expressed in a long line of cases commencing with Thompson v Bourchier, [1933] OR 535, that if the owner has consented to possession, the owner will be vicariously liable even if there is a breach of a condition imposed by the owner relating to the use or operation of the vehicle. The purpose of ss. 192(2) of the Highway Traffic Act is the protection of the public by insisting that the owner of a vehicle exercise careful management when giving permission to another person to use it. This purpose is achieved by imposing vicariously liability for damages if the vehicle is operated in a negligent fashion.

(3) Yes, Newman should be overruled. While the rule of precedent (stare decisis) provides certainly, consistency, clarity and stability in the law, it is not absolute. There comes a point at which the values of certainty and predictability must yield to allow the law to purge itself of past errors or decisions that no longer serve the interests of justice. Moreover, decisions that rest on an unstable foundation tend to undermine the very values of certainty and predictability that stare decisis is meant to foster. In David Polowin Real Estate Ltd v Dominion of Canada General Insurance Co (2005), 76 OR (3d) 161, the Court of Appeal held that it is permissible for the court to overrule one of its prior decisions if it is satisfied that the error should be corrected after considering "the advantages and disadvantages of correcting the error." In making this assessment, this court should focus on the nature of the error and "the effect and future impact of either correcting it or maintaining it," including "the effect and impact on the parties and future litigants" and "on the integrity and administration of our justice system." To leave Newman intact would not serve the interests of certainty and predictability in the law. The court's reasoning was inconsistent with the earlier 1933 decision in Thompson, and its authority has been severely attenuated by a steady string of subsequent decisions. It creates an anomaly that cannot be supported in principle, one that undermines the coherence of this area of law and that is likely to lead to confusion.

Tags: Torts, Negligence, Motor Vehicle Accidents, Insurance Law, Summary Judgment, Vicarious Liability of Owner of Motor Vehicle, Owner's Consent to Operate Motor Vehicle, Highway Traffic Act, ss.192(2), Stare Decisis, Overruling Prior Decision of the Court of Appeal as Wrongly Decided, Newman and Newman v Terdik

Amyotrophic Lateral Sclerosis Society of Essex v. Windsor (City), 2015 ONCA 572

[Strathy, LaForme and Tulloch JJ.A.]


Scott Hutchinson, for the appellant City of Windsor

Brendan van Niejenhuis, for the appellant Town of Tecumseh

Peter W. Kryworuk and Yola S. Ventresca, for the respondents

Keywords: Municipal Law, Ultra Vires Taxation, Class Actions, Certification, Charity Licensing Fees, Class Definition, Subclasses, Common Issues, Case Management, Preferable Procedure, Class Proceedings Act 1992, ss. 5(1), Limitations Act 2002, ss. 15(2), Ultimate Limitation Period.


Three charitable organizations that held lotteries and other fundraising activities, claimed that the defendant municipalities (City of Windsor and Town of Tecumseh) charged licensing and administration fees which greatly exceeded the associated costs of regulation. The charitable organizations sought restitution for a class of persons who paid fees to the municipalities, submitting that the fees were, in effect, a tax imposed by the municipalities in the absence of legislative authority and, as such, ultra vires the municipalities.

At the certification motion, the motion judge certified the proceedings as class actions, but limited the scope of the class to those persons whose claims were not prima facie barred by the Limitations Act, 2002. On appeal, the Divisional Court found that the motion judge erred in law in limiting the size of the respective classes, as the limitation periods issue should not have been decided on the certification motion.

The appellants (City of Windsor and the Town of Tecumseh) are appealing the certification of two class actions, on the primary basis that the scope of the class, which includes charities that have paid fees since 1990, reaches too far back in time. There is a lack of commonality of issues and proceeding by class action is not the preferable procedure.


(1) How should class be defined?

(2) Was there a lack of commonality on some issues amongst the charitable organizations? Should the court create a subclass amongst those involved in the proceedings?

(3) Is a class proceeding the preferable procedure for the resolution of the claims?

Holding: Appeal Allowed, in part, the proceeding shall be certified as a class proceeding pursuant to ss. 5(1) of the Class Proceedings Act 1992.


(1) The court rejected an arbitrary definition of the class as any organization that had paid fees from 1990 onwards. It defined that class in a rational manner by reference to the 15 year ultimate limitation period in ss. 15(2) of the Limitations Act, 2002.

(2) The appellants submitted that under ss. 5(2) of the Class Proceedings Act 1992, there existed a conflict of interest amongst class members. The subclass members with presumptively time-barred claims would be prejudiced if they were represented by these plaintiffs. The Court of Appeal, citing Pearson v. Boliden, reiterated that prejudice will occur when the representative cannot fairly and adequately represent the subclass, such that the need for a separate subclass representative arises. The Court of Appeal found no prejudice here and therefore no subclass was required.

(3) The appellants submitted that a class proceeding was not the preferable procedure for these claims. The Court of Appeal applied the two-part test in Hollick to determine whether or not proceeding by way of class action was the preferable procedure. (1) whether or not the class proceeding would be a fair, efficient and manageable method of advancing the claim; and (2) whether a class proceeding would be preferable to other procedures. The Court ruled in this case there are two issues of preferability. The first is the complexity introduced by the need to resolve time- barred claims, and the second concern is the existence of different regulatory and fiscal regimes over the broad class period. The appellants submitted that the certification judge failed to address the preferable procedure requirement, they claim that combining the presumptively time barred claims with the timely claims is not the preferable procedure for the resolution of either set of claims. The Court of Appeal disagreed, and stated that the ability to case manage groups of claims raising common issues and the ability to make binding determinations of those issues make a class proceeding appropriate to resolve these claims.

The court felt that these issues can most effectively and fairly be resolved in the context of a class proceeding. Furthermore, the Court suggested the use of case management in regards to complex class proceedings may help the parties focus on finding a more efficient manner on resolving the issues.

Tags: Municipal Law, Ultra Vires Taxation, Class Actions, Certification, Charity Licensing Fees, Class Definition, Subclasses, Common Issues, Case Management, Preferable Procedure, Class Proceedings Act, 1992, ss. 5(1), Limitations Act 2002, ss. 15(2), Ultimate Limitation Period

Onex Corporation v. American Home Assurance Company, 2015 ONCA 573

[Juriansz, Lauwers and Huscroft JJ.A.]


Ronald G. Slaght Q.C., Glenn A. Smith and Jaclyn Greenberg, for the appellant

Geoffrey D.E. Adair Q.C. and Valerie A. Hogan, for the respondents

Keywords: Insurance law, Coverage, Directors and Officers Liability, D&O Insurance, Excess Liability Policy, Defence Litigation Costs, Policy Interpretation, contra proferentem.


This dispute has returned to the Court of Appeal for the second time (see 2013 ONCA 117). The respondent, a private equity corporation, Onex Corporation ("Onex") purchased directors' and officers' ("D&O") liability insurance from the appellant, American Home Assurance Company ("American Home"), covering a period from May 2002 to May 2003 for up to US$15 million (the "2002-2003 Onex Policy"). In contemplation of selling Magnatrax Corporation ("Magnatrax"), one of its subsidiaries in the United States, Onex purchased excess liability coverage with a limit of US$15 million (the "Run-Off Policy") that covered the directors and officers of Magnatrax with respect to claims related to the potential sale during the period May 2003 to May 2009.

At the heart of this dispute, Onex had claimed entitlement to defence costs pursuant to both D&O policies, with respect to litigation that was commenced in the state of Georgia in 2005 (the "Georgia Action"). The Georgia Action was commenced by the litigation trustee of bankrupt Magnatrax alleging that Onex and several of its current or former officers and directors caused the bankruptcy of Magnatrax in 2003.

The Georgia Action settled for US$9.25 million, however, Onex incurred close to US$34 million in defence costs. American Home paid the US$15 million limit pursuant to the Run-Off Policy, but refused to pay outstanding defence costs under the 2002-2003 Onex Policy limits. American Home submitted that Endorsement #14 (a specific entity subsidiary exclusion) of the 2002-2003 Onex Policy excluded coverage for any Magnatrax-related claims, and in the alternative, any monies owing under the 2002-2003 Onex Policy could be set-off against what was already paid out under the Run-Off Policy pursuant to Endorsement #16 (a coordination of limits endorsement) of the Run-Off Policy.

This court first considered the dispute on appeal from summary judgment, focusing on the meaning of the word "Claim" in Endorsement #14 of the 2002-2003 Onex Policy. It found that the word "Claim" is susceptible to more than one meaning and therefore the wording of Endorsement #14 is ambiguous. This court sent the matter back to the Superior Court for factual findings to be made in order to resolve the dispute on which interpretation reflected the parties' reasonable expectations or intentions in adopting Endorsement #14.

The trial judge concluded that the term "Claim" as defined in the 2002-2003 Onex Policy need not be interpreted to encompass the entirety of a civil proceeding. It is broad enough to encompass multiple claims within a single proceeding. American Home did not satisfy the onus of showing that Endorsement #14 unequivocally removed coverage under the 2002-2003 Onex Policy for Onex executives acting in their capacity as such. Further, if the evidence did not resolve the ambiguity in the endorsement, the doctrine of contra proferentem would apply. The plaintiffs (now respondents) were entitled to the US$15 million limit of the 2002-2003 Onex Policy. Endorsement #16 did not entitle American Home to set-off the monies paid under the Run-Off Policy against monies payable under the 2002-2003 Onex Policy.


(1) Did the trial judge err in concluding that Endorsement #14 (specific entity subsidiary exclusion) of the 2002-2003 Onex Policy does not exclude coverage for the respondents' defence costs in connection with the Georgia Action?

(2) Did the trial judge err in concluding that Endorsement #16 (coordination of limits endorsement) of the Run-Off Policy does not entitle American Home to set-off amounts owing under the 2002-2003 Onex Policy against payments made under the Run-Off Policy?

Holding: Appeal dismissed, the trial judgment in favour of the respondents against American Home in the amount of US$15 million is upheld.


(1) No, there is no basis to conclude that the trial judge erred in concluding that Endorsement #14 does not exclude coverage for the respondents' defence costs in the Georgia Action. First, this court resolved many of the issues and only sent the matter back for the Superior Court judge to determine the meaning of the ambiguous term "Claim" in Endorsement #14. However, American Home submitted arguments that, to the extent they did not rely on extrinsic evidence led at trial, were repetitions of arguments previously advanced. The Court of Appeal had already disposed of these arguments and found it unnecessary to consider them again.

Second, with regard to the new arguments that rely on extrinsic evidence led at trial, both arguments submitted by the appellant were insufficiently persuasive for this court to interfere with the trial judge's decision. The appellant stated that the trial judge approached the interpretation of Endorsement #14 incorrectly by considering extrinsic evidence first, before interpreting the language of the agreement. This argument had no merit, as the Court of Appeal had already made contextual findings about the wording of the policies read as a whole. The trial judge sufficiently completed her narrow task of considering extrinsic evidence to determine whether the conceded coverage was excluded by Endorsement #14.

In addition, the trial judge used extrinsic evidence correctly, to resolve the ambiguity in the language of the endorsement, and did not use the evidence to give effect to the parties' mutual subjective intention as the appellant submitted.

(2) No, the trial judge correctly read the language of Endorsement #16, given the meaning of "Claim" adopted under Issue 1 above. The appellant submitted that the trial judge erred in incorrectly interpreting Endorsement #16, given this court did not find that it was ambiguous. However, in addressing the wording, the trial judge noted that the word "Claim" in Endorsement #16 was not used in isolation but was part of the phrase "claim under this policy". The phrase "claim under this policy" indicated that Endorsement #16 had no application to allegations not covered at all under the Run-Off Policy.

Tags: Insurance law, insurance, insurance coverage, coverage, Directors and Officers Liability, D&O Insurance, Excess Liability, Excess Liability Insurance, Policy Interpretation, contra proferentem, Defence Litigation Costs, Defence Costs, Costs

Criminal Law Decisions

R. v. Grandine, 2015 ONCA 574

[R.A. Blair J.A. (In Chambers)]

M. Lacy and J. Baron, for the appellant

R. Shallow and K. Stewart, for the Crown

Keywords: Criminal Law, Appeal, First Degree Murder, Manslaughter, Criminal Code, s. 679(1) and (3)

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.

John Polyzogopoulos
Events from this Firm
8 Nov 2018, Conference, Toronto, Canada

This year’s program is entitled “An Analysis of Fidelity Claims for the Modern World.” The program will address important substantive and practical issues germane to today’s fidelity claims handling.

In association with
Related Topics
Related Articles
Related Video
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
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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