Canada: The Minden Brief: Fall 2016 Newsletter - Recent Developments Of Importance In Property Leasing, Part II

QUIET ENJOYMENT:

A Functional Landlord Covenant or a Theoretical Concept with No Remedy for Tenants?

The right of a tenant to enjoy its premises without interference from its landlord is unquestionably essential to any lease. At the time of entering into a lease, it is hard to anticipate and capture all of the instances that constitute interference. Furthermore, landlords often specify that interference as a result of repairs and improvements

to the property or premises will not constitute a landlord default. So where is the line drawn? To what extent does a tenant have to suffer — and in whose opinion — for it to be entitled to some form of remedy? These next two cases indicate that the burden of proof is high, loss of profits may not be enough, and a minor interference (even if major to a tenant) will not garner a favourable finding from the court.

In 37504 Yukon Inc. (Sam n' Andy's) v. 46249 Yukon Inc., the restaurant Tenant brought a claim for damages and expenses for breach of its right to quiet enjoyment after it was forced to close its restaurant for 1.5 days while the Landlord replaced a sewer pipe.

The Yukon Territory Small Claims Court explained that a tenant must show that the landlord substantially interfered with its enjoyment of the premises in order to recover damages. While the restaurant was closed for a relatively short time, the Tenant suffered serious business losses, which amounted to serious and substantial interference with the Tenant's enjoyment of the Premises. However, the closure was not caused by an act or omission of the Landlord, as the sewage pipe did not have a history of backing up and there was no indication that the pipe would fail. Furthermore, the Landlord had the pipe repaired in a timely fashion. The Court held that the Tenant's claims for breach of quiet enjoyment and breach of contract could not be sustained; however, the Tenant was entitled to rent abatement in accordance with the Lease and reimbursement for some labour and cleaning supplies.

The case of Stearman v. Powers (c.o.b. Walkabout Casual Wear) is an update from the Superior Court decision we included in our Summer 2015 Newsletter. As a reminder, this case considered whether a pervasive and unpleasant odour coming from the building's HVAC system breached the Tenant's right to quiet enjoyment and the implied term of fitness in the Premises. The Superior Court dismissed the Landlord's claim for non-payment of rent on the basis that the odour breached the covenant of quiet enjoyment and substantially deprived the Tenant of the whole benefit of the Lease and allowed the Tenant to terminate.

The British Columbia Court of Appeal reversed the decision and held that the odour was not a breach of the covenant of quiet enjoyment. The Court explained that quiet enjoyment refers to the tenant's right to exclusive occupancy and enjoyment of the premises without substantial interference by the landlord. The odour was not grave or permanent in nature and there was no evidence that it was the result of the Landlord's act or omission. Furthermore, the Lease expressly provided that the Tenant was leasing the Premises on an "as is" basis.

The Court of Appeal also found that the odour was not a fundamental breach of the Lease; where the breach goes to the root of the contract and substantially deprives a tenant of the benefit of the lease. Despite the presence of the odour, the Tenant was able to carry on her clothing business and was not able to prove loss of profits.

The case of Bachechi Bros. Realty Inc. v. Canwest Marine Services Inc. followed the Court of Appeal's decision in Stearman. In Bachechi, the Landlord brought an application for an injunction to restrain the Tenant from misusing a parking lot. The Tenant counterclaimed and sought damages for the Landlord's breach of the covenant of quiet enjoyment on account of the Landlord's unannounced visits to the Premises to monitor the parking lot. The Court referred to Stearman and noted that the law concerning the covenant of quiet enjoyment is well-settled and a tenant must demonstrate that the landlord's actions have rendered the premises "substantially less fit for the purposes for which they were let." The Court rejected the Tenant's claim, as there was no evidence that the visits substantially interfered with or prevented the Tenant's day-to-day business operations.

RIGHT OF FIRST REFUSAL:

How Fast do Tenants have to Act?

A Right of First Refusal (ROFR) is a strategic consideration that is advantageous to both landlords and tenants. Generally, a tenant's ROFR to lease other space in a building will be triggered when the landlord subsequently receives an offer to lease the same space.

In Lenco Investments Inc. v. 1440825 Ontario Inc., the Lease contained a typical ROFR, wherein the Landlord had to notify the Tenant of any third-party offer to purchase the property and the Tenant had 30 days to decide whether or not to match the offer. The ROFR was subject to termination if either party terminated the Lease on three months' notice as provided thereunder. When the Landlord received and accepted a third party offer to purchase the property and terminated the Lease, the Tenant purported to exercise the ROFR.

The Landlord applied for judicial interpretation of the ROFR. The Ontario Superior Court found that the Landlord was allowed to terminate the tenancy in accordance with the mechanism provided under the Lease and thus, the tenant could no longer exercise the ROFR.

The Ontario Court of Appeal reversed the decision and emphasized the importance of interpreting the ROFR and the termination right in the context of the Lease as a whole. When the Landlord received the third party's offer to purchase the property, it was obligated to notify the Tenant and was only entitled to terminate after the Tenant had an opportunity to match the offer and declined to do so. Otherwise, the ROFR would be a meaningless right for the Tenant. The Court of Appeal held that the Tenant had properly exercised the ROFR and ordered the Landlord to enter an agreement of purchase and sale with the Tenant.

TERMINATION RIGHTS:

When Does a Legitimate Business Term Become a Misuse of Power?

Termination rights are perhaps the most extreme rights in a commercial lease. Both landlords and tenants devote a great deal of time contemplating these rights during lease negotiations. Given the thought (and drastic consequences) involved in granting termination rights, parties purporting to invoke such rights should assume that they'll be held to the highest standard in their exercise thereof and that their rights will be interpreted with the strictest construction.

In 2249740 Ontario Inc. v. Morguard Elgin Ltd., the Plaintiff Tenant entered into a Lease for a historic building in Ottawa. The initial Lease Term was 10 years with two five-year options to renew. The Landlord wanted the building occupied by the Tenant even though the Landlord would eventually require vacant possession so it could build a development on the adjacent lot. The development could not begin until the Landlord secured an anchor tenant.

The Lease contained a delayed possession clause that allowed the Landlord to terminate the Lease if it reasonably believed that it would not be able to deliver possession within six months of the commencement date. After the Lease was executed, the parties agreed that the possession date would be delayed by one year if the Landlord could not secure an anchor tenant or three years if the Landlord could secure an anchor tenant. The Landlord secured an anchor tenant, but was unable to successfully negotiate further amendments to the Lease, so the Landlord relied on the delayed possession clause and terminated the Lease. The Tenant sued for wrongful termination of the Lease and brought a motion for summary judgment.

The Ontario Superior Court held that the Landlord's reliance on the delayed possession

clause was unreasonable and that the Lease was wrongfully terminated, as the Landlord had secured an anchor tenant, therefore the commencement date had been extended by three years. The Landlord could not have reasonably known so far in advance at the time it terminated that it would not be able to deliver possession within six months of the commencement date. Further, the Landlord admitted that the termination of the Lease was an inevitable consequence of proceeding with the development. The Landlord essentially made a business decision to terminate the Lease and its reliance on the delayed possession clause was not a legitimate exercise of its rights.

USE OF PREMISES:

Where is the Line Drawn between Permitted and Prohibited Use?

Three recent cases from across Canada remind us of the far-reaching impact that a Use clause has on a tenant's ability to operate its business. The case of 0764673 B.C. Ltd. v. Amacon Dawson Development Partnership illustrates that a tenant who uses its premises for a purpose wholly inconsistent with the terms of a lease — and such a contravening use imposes a considerable risk to a landlord — cannot expect a court to fault a landlord for not expressly carving out certain restrictions.

On the other hand, the Ontario Court of Appeal decision in 2249778 Ontario Inc. v. Smith signals the court's unwillingness to step in and imagine what uses might be prohibited under a lease when the parties have a clear opportunity to contemplate and draft the parameters of use before the lease is signed. With both 0764673 B.C. Ltd. and 2249778 Ontario Inc. in mind, landlords who wish to limit uses that are naturally or logically ancillary to a primary use should draft accordingly in order to avoid a court's expansive interpretation of a permitted use.

The case of Corydon Village Mall Ltd. v. Tel Management Inc., deals with a tenant's requested change in use and a landlord's limited obligation to provide its consent in the face of other tenants' exclusive use rights and the general character and retail mix of a shopping centre. However, while a landlord's obligation might be limited, a tenant's inability to carry out its permitted use due to financial constraints is certainly an area of concern for both landlords and tenants.

In 0764673 B.C. Ltd., the Lease provided that the Tenant's Use of the Premises was for the purpose of a light industry masonry warehouse and business headquarters. During an inspection, the Landlord found a licensed marijuana grow operation in the Premises. The Lease did not provide for a cure period and the Landlord terminated on the basis that the grow operation was not a permitted use. The Tenant removed the marijuana plants and sought a declaration that the termination was invalid, or alternatively, it should be granted relief from forfeiture.

The British Columbia Supreme Court held that the grow operation constituted a violation of the Use clause and the Landlord was entitled to terminate the Lease. The Tenant was not entitled to relief from forfeiture because it entered the Lease with no intention of complying with the Use. Further, the Tenant knowingly put the Landlord at risk of suffering extensive losses. The Court noted that the Tenant's conduct had irrevocably destroyed the normal landlord-tenant business relationship contemplated by the Lease. Furthermore, the fact that the grow operation was removed from the Premises did not mean there was no longer any breach of the Lease to support termination, as the Lease had already been properly terminated.

In 2249778 Ontario Inc., the Lease specifically provided that the Premises was to be used for the operation of a fast food restaurant and "for no other purpose." After signing the Lease, the Tenant immediately installed an ATM in the Premises. The Landlord sought a declaration that the ATM was not a permitted use of the Premises and brought an order requiring the ATM's removal.

The Ontario Superior Court held that the ATM was a permitted use under the Lease because it did not alter the purpose of the Premises. The ATM was merely a tool that the Tenant used to achieve its business objective of running a fast food restaurant and did not signify (as the Landlord suggested) that the Tenant was offering banking services.

The Landlord unsuccessfully appealed the Superior Court's decision. The Court of Appeal found that the Lease did not specifically prohibit the installation and operation of an ATM in the Premises nor did it define "fast-food restaurant". The Court of Appeal noted that "it is open to parties to a commercial lease" to specifically prohibit the installation and operation of an ATM in the Premises.

In Corydon Village Mall Ltd., the Tenant leased space in the Landlord's shopping centre for the retail sale of women's shoes and related accessories and "for no other purpose whatsoever." Within months of signing the Lease, the Tenant experienced financial difficulties that it attempted to resolve by changing its business. The Landlord refused to permit the proposed amended use because it violated existing exclusive use rights granted to other stores. The Landlord also rejected the Tenant's subsequent request to sublet the Premises to a pole dancing school. The Tenant eventually abandoned the Premises and the Landlord brought a claim for damages.

The Manitoba Court of Queen's Bench held that the Landlord had not unreasonably withheld its consent with respect to the Tenant's proposed amended use and the proposed sublease. The Court found that the Tenant's requested change in business to sell seasonal giftware and clothing was prohibited under the Lease and the Tenant was not entitled to reasonable consent. Further, the Landlord was entitled to reject the Tenant's request to sublease. The Landlord gave proper consideration to the Tenant's proposal and its decision was objectively reasonable given that: (1) the proposed subtenant's use would not fit in with the family-oriented character of the shopping mall, (2) the proposed subtenant desired

to operate outside of normal business hours, and (3) the Landlord had previously declined to enter into a lease directly with the proposed subtenant. The Landlord was awarded the full amount of rent owing under the lease plus interest.

OPTIONS TO RENEW:

On Which Terms and on Whose Form is a Renewal Term Formalized

The following two cases represent typical disputes that often arise out of uncertain renewal or extension lease provisions that leave decision making to a future time. Both 1251614 Ontario Ltd. v. Gurudutt Inc. and 1323677 Alberta Ltd. v. 334154 Alberta Ltd. involve a party taking issue with generally-accepted leasing practices and illustrate the lengths that a dissatisfied party will go to in order to undo an unfavourable (though agreed upon!) lease provision. Furthermore, both cases underscore the importance of including a mechanism for dispute resolution in the lease to avoid spending time and money on litigation in situations where the nature of the dispute lends itself to determination by binding arbitration.

1251614 Ontario Ltd. highlights the need for assignees to pay careful attention to special provisions when taking over a lease. In this case, the Original Tenant signed a Lease with an initial Term of 10 years plus two options to renew on the same terms and conditions as contained in the original lease, except the form of the renewal would be — at the Landlord's option — either an extension agreement or a brand new lease on the

Landlord's then current standard form. During the initial Term, the Original Tenant transferred the Lease to the Plaintiff Tenant with the Landlord's consent.

The Plaintiff Tenant exercised its option to renew before the expiry of the initial Term and the Landlord provided its current standard form of lease, which was substantially similar to the existing Lease except that the current form contained a demolition clause. The Plaintiff Tenant refused to sign the current form, arguing that it had the right to renew the lease on the same terms and conditions as the existing Lease. The Landlord applied for an order to have the Plaintiff Tenant execute the current standard form as a precondition of exercising its renewal right.

The Ontario Superior Court held that the Plaintiff Tenant was obligated to sign the current standard form if it wished to renew. The Court emphasized that both parties were sophisticated business entities and counsel had reviewed the Lease before it was assigned without any objections. At the same time, the Court noted that the Landlord's right to use its current form meant that the new form could include material changes; otherwise, the right would have been meaningless.

A note to tenants: landlords include these types of renewal clauses in order to preserve their flexibility and control over future development opportunities and to ensure that their standard form lease can evolve over time. Tenants should always attempt to strike a landlord's right to require a tenant to enter into a new lease — there can never be certainty as to what a tenant may be compelled to agree to if it wants the benefit of the special rights (in this case, lease renewal) it bargained for at the outset.

The case of 1323677 Alberta Ltd. deals with the uncertainty of renewal rents when the lease provides for fair market rents. When the Tenant served notice of its intention to exercise an option to renew the Lease, the Landlord responded with an offer to enter into a new lease. The Tenant rejected the offer and the Landlord demanded that the Tenant vacate the Premises on the grounds that the renewal option was void for uncertainty since it failed to deal with future rents. The Tenant brought various applications against the Landlord for declaratory relief.

The Alberta Court of Queen's Bench considered whether the option to renew was enforceable. The renewal clause provided that the rent payable would be equal to "such amount of rent as shall be agreed between the parties based on market value and failing agreement shall be decided by arbitration." The Landlord argued that the renewal clause was void for uncertainty and relied on prior case law, which held that an option to renew may be void for uncertainty where the renewal rent will be agreed upon later.

The Court held that the renewal clause in question was enforceable because the amount of future rents was ascertainable with reasonable certainty. When the renewal clause was read contextually with the whole of the lease, the clause provided the formula and machinery to calculate future rents. Further, the fact that the Lease had been previously renewed suggested that the renewal clause contained in the existing Lease posed no difficulty for determining future rents.

DUTY OF HONEST PERFORMANCE:

A Much-Needed Evolution of Canada's Common Law or an Onerous Standard?

While Canadian courts have previously been reluctant to find a stand-alone duty of good faith, the unanimous Supreme Court of Canada decision in Bhasin v. Hrynew clearly established a new duty of honest and good faith contractual performance. This landmark case marked the first time the SCC considered whether parties to a contract owe each other a duty of good faith in performing their contractual obligations.

When we included this case in our Summer 2015 Newsletter, it had yet to be seen how Bhasin

would go on to shape business relationships and contractual performance. A decision of this magnitude was likely to pose more questions than answers in the short-term and commercial parties were advised to govern themselves accordingly in light of the fact that good faith and honesty were now part of the law.

As a reminder, this decision took "two incremental steps" to advance the common law of contracts in Canada: (1) the Court explored "good faith" as an organizing principle that manifests itself through existing legal doctrines, and (2) the Court characterized the "duty of honesty" as a general doctrine of contract law that applies to all contracts and cannot be excluded by an "entire agreement" clause. However, the new duty of honesty from Bhasin does not go so far as to impose a duty of loyalty or of disclosure. Furthermore, Bhasin only applies in the context of performing contractual obligations and not in negotiating these obligations.

Since the release of Bhasin, subsequent judicial decisions have shed some light on its meaning. The British Columbia Supreme Court in Burquitlam Care Society v. Fraser Health Authority aptly described Bhasin as an authority for the principle that parties to a contract "must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract."

As with any major decision, the legal community was concerned with how far courts would go to interpret contracts in order to give effect to the Bhasin decision. In Moulton Contracting Ltd. v. British Columbia, the British Columbia Court of Appeal clarified that Bhasin does not suggest that the two tests for implying terms at law and implying terms for business efficacy should be combined to reach a "hybrid law-fact conclusion on whether to imply terms."

The Alberta Court of Appeal in Scott & Associates Engineering Ltd. v. Finavera Renewables Inc. considered the Bhasin requirement that one contracting party have appropriate regard to the legitimate interests of the other contracting party. The Court in Scott & Associates held that "appropriate regard" does not require a party to serve those legitimate interests in all cases, but does require that the party not seek to undermine those interests.

Nearly 20 years after the Supreme Court of Canada in Wallace v. United Grain Growers Ltd. held that "good faith" may be "incapable of precise definition," a consistent definition for "good faith" is notably missing from Canadian common law. Accordingly, the practicality of "good faith" as a guiding principle continues to be questioned and the implication of Bhasin in this regard still remains to be seen.

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 Mondaq.com.

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

Authors
 
In association with
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (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 www.mondaq.com

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 Mondaq.com’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.

Disclaimer

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.

Registration

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 by clicking here .

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 unsubscribe@mondaq.com 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.

Cookies

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.

Links

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.

Mail-A-Friend

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.

Security

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 webmaster@mondaq.com.

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 EditorialAdvisor@mondaq.com.

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 enquiries@mondaq.com.

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