Canada: The Times They Are A Changing – The Evolution Of Insurance Coverage For Medical Marijuana

Last Updated: August 8 2017
Article by Helen D.K. Friedman and Evan Bawks

As we celebrate the 50th Anniversary of the Summer of Love (1967-2017), listening to vinyl/download versions of Jefferson Airplane, Janis Joplin and the Grateful Dead, it is clear some aspects of counter-culture have become mainstream.

With the advent of new Health Canada Regulations in 2015, following the Supreme Court's ruling that users of medical marijuana should be permitted to consume the product in more varied forms than smoking dried buds, the demand for insurers to cover medical marijuana under benefit plans has increased exponentially. At the same time, the current retreat from opioid prescription has left a gap in products available to treat chronic pain. These factors are shifting the landscape and mindset of employers, insurers and adjudicators towards coverage extension. Most recently, the food giant Loblaws extended coverage for medical marijuana to its approximately 45,000 employees under policies managed by Manulife and Great-West Life.

It is possible that Loblaws' extension of coverage is simply a supply chain support to the Shoppers Drug Mart application to Health Canada for the license required to sell medical marijuana. (Loblaws attributes the extension to evolving clinical evidence for use as treatment for specific medical conditions). Setting supply chain innovation aside, extension of coverage under insurance plans and by statutory tribunals has been well underway for years. Adjudicators, employers and insurers are tuning in, turning on (the benefits coverage) and dropping out (of coverage denials).

Background – Regulatory Scheme for Medical Marijuana

In R. v. Parker, 2000 CanLII 5762 (ONCA), the Ontario Court of Appeal considered the impact of medical marijuana in the context of a criminal proceeding under the Controlled Drugs and Substances Act (CDSA). The accused Parker was suffering from epilepsy and found smoking marijuana substantially reduced instances of seizure. Since he had no legal source of marijuana, he cultivated it for himself, which led to him being charged under the CDSA. The Court of Appeal held the lack of a viable medical exemption from the enforcement provisions under CDSA violated the accused's constitutional right to life, liberty and security of the person pursuant to section 7 of the Charter of Rights and Freedoms, as it would force individuals to choose between their liberty and their health.

Parker eventually led the federal government to establish the Marihuana Medical Access Regulations (MMAR) which set out a framework for an individual, with appropriate authorization from a medical practitioner, to access marijuana for medical purposes. Pursuant to the MMAR, an individual with appropriate authorization could purchase marijuana from Health Canada sources of supply or, upon approval from Health Canada, was permitted to cultivate marijuana for his or her own use. (Note that the federal statutes and regulations all use the spelling "Marihuana" instead of the more common "Marijuana").

In 2013, the federal government revised the guidelines for access to medical marijuana through the Marihuana for Medical Purposes Regulations (or MMPR), which made some changes to the MMAR and sought to restrict possession limits and licences for the providers of medical marijuana.

Originally, only dried marijuana was permissible for use under the regulations. In June 2015, in R. v. Smith, 2015 SCC 34, the Supreme Court of Canada broadened the available forms of marijuana to be used for medical purposes to include cannabis oil and fresh marijuana buds and leaves, in addition to dried marijuana.

The MMPR stipulated that the MMAR would phase out and be fully repealed by March 31, 2014. As a result of the prohibition on issuing licences and lowering possession amounts under the MMPR, an injunction was sought in the Federal Court (in Canada v. Allard, 2014 FC 280), to preserve the MMAR and to limit the provisions of the MMPR. Injunctive relief was granted and was upheld by the Federal Court of Appeal (2014 FCA 298). The full case on the merits was heard in 2016, with the Federal Court declaring that the entire MMPR was unconstitutional and leaving a period of time for Parliament to pass appropriate remedial regulations (2016 FC 236 & 237).

As a result, the Access to Cannabis for Medical Purposes Regulations (ACMPR) came into force in February 2017. This regulation replaces the MMPR and MMAR and is the central mechanism for controlling medical marijuana in Canada. The Narcotic Control Regulations, CRC c. 1041, allows medical practitioners to prescribe marijuana despite the provisions of the CDSA, while the ACMPR (and previous MMAR and MMPR) dictates the circumstances under which the exemption could be exercised.

Under the ACMPR, consumers of medical marijuana can access cannabis from a licenced producer by first becoming a client of the producer, which requires filing an application with the client's information and obtaining a "medical document", a term defined by the regulations. Applicants may, in lieu of providing a medical document, obtain a registration certificate issued by the Minister (which also requires a medical document). The registration certificate allows an individual to grow their own marijuana instead of purchasing it from a licenced producer. Section 129 provides that only residents of Canada may become clients of a licenced producer. The "medical document" information is set out in section 8, which states that a health care practitioner may provide a medical document for a person under professional treatment which must include their personal information, the address where the consultation with the practitioner occurred, the daily quantity of marijuana, (in grams), which the practitioner authorizes for the person and the period of use (which cannot exceed one year).

What medical marijuana does not have, however, is a Drug Identification Number (DIN). The absence of a DIN is a major barrier to insurance coverage and is also a deterrent to many doctors who are asked to prescribe it. A DIN confirms the product has been evaluated and approved for sale in Canada and identifies the manufacturer, brand name, medicinal ingredients, strength, pharmaceutical form and route of administration. According to the Canadian Life and Health Insurance Association, if medical marijuana was issued a DIN by Health Canada, it would be far more likely to be covered by health insurance. The process to obtain a DIN involves rigorous clinical research, generally including 10 year double blind studies. Instead, some licensed medical marijuana producers are assigning Product Identification Numbers (PINs). PINs are available when a drug or product is classified as an investigational drug or non-pharmaceutical. The purpose of the PIN is to make it as easy as possible for insurance administrators to approve or cover product costs under a benefit plan.

Context in Statutory Accident Benefits Cases (Ontario)

Persons injured in motor vehicle accidents, particularly those with chronic pain and anxiety issues, are submitting requests for coverage to their accident benefits insurers.

Currently, the Statutory Accident Benefits Schedule (SABS) provides medical benefits for:

s. 15(1) ... "all reasonable and necessary expenses incurred by ... the insured person as a result of the accident for,

...

(c) medication

(2) Despite subsection (1), the insurer is not liable to pay medical benefits

(a) for goods or services that are experimental in nature.

...

Further, section 38 provides:

38(2) An insurer is not liable to pay an expense in respect of a medical benefit ... that was incurred before ... a treatment plan ... unless,

...

(c) The expense is reasonable and necessary as a result of the impairment sustained by the insured person for,

(i) drugs prescribed by a regulated health professional, or ..."

Whether or not medical marijuana is experimental in nature may be somewhat fact specific, depending on the nature of the impairment. Medical marijuana may be considered experimental with respect to some impairments but not others.

The cases below outline some of the considerations applied by SABS adjudicators pertaining to 'experimental', 'reasonable and necessary', administrative requirements and funding for medical marijuana.

TN v. The Personal Insurance Company of Canada, FSCO A06-000399, FSCO 3853

In Arbitrator Bayefsky's seminal July 26, 2012 decision, medical marijuana was found to be a good and service of a medical nature. On the issue of whether or not it was experimental in nature, the insurer successfully established a prima facie case that, in general, the use of marijuana for treatment in neuropsychiatry (brain injury) was experimental. The Arbitrator then incorporated the reasoning in Paquette v. Certas, FSCO A05-000934 as to the meaning of "experimental in nature". While accepting scientific principles should underlie the interpretation of terms, the SABS was intended to be a more remedial regime concerned with the provision of a therapeutic medical service. There was no requirement to prove with medical or scientific certainty that a treatment be therapeutic or effective. Accordingly, a low threshold was set. In TN, the Arbitrator accepted that the use of marijuana for some of TN's symptoms, namely pain, anxiety, insomnia and poor appetite, would not be considered experimental. The fact that the use of marijuana to treat these symptoms remains controversial, did not relieve the insurer's obligation to cover the cost provided that it was reasonably required as a result of the accident. As well, the Arbitrator noted evidence that conventionally prescribed medications (for pain) also carried significant risks and further accepted evidence that marijuana may be beneficial in mitigating those risks. (This line of reasoning has become even more cogent five years later.)

Doyon v. Allstate Insurance Company of Canada, FSCO A15-002442, FSCO 4993

In this case, Doyon sought payment of medical marijuana expenses for the period June 2012 to November 2014 in the amount of $12,600. The insurer had agreed to fund the medical marijuana and/or related growing equipment provided it complied with the terms of Doyon's licence. The stumbling block, however, was the provision of documentation confirming that the amounts claimed were provided by licensed suppliers in accordance with the terms of the licence. In this case, some of the marijuana and equipment had been purchased outside the terms of Doyon's licence, specifically from "gray area" suppliers including compassionate societies.

While accepting the insurer's need to confirm properly incurred expenses, the Arbitrator was prepared to accept the Health Canada price guide and Doyon's prescription for a specific level of consumption (in grams) to fill in the gaps. In so doing, the Arbitrator followed a Workplace Safety and Insurance Appeals Tribunal practice of accepting the Health Canada price with evidence of a specific level of consumption to set a monetary benefit. On a go forward basis, in order to satisfy the insurer's requirement for proof, no less than once per year Doyon was required to submit written confirmation of the amounts of medical marijuana she was consuming.

MJ v. Pembridge Insurance Company, 2017 CanLII 1556 (ON LAT)

MJ sought funding for two grams of medical marijuana per day. The insurer was prepared to fund the same however, required MJ to conform to the regulatory scheme. Specifically, the MMPR, which was still in force at the time, prescribed a "medical document" and the information required in the medical document to allow holders to possess medical marijuana. MJ was unable to produce a proper medical document to confirm entitlement to possess and use marijuana for medical purposes. Accordingly, the Tribunal agreed with the insurer, absent the proper medical documentation, the insurer was not required to fund the expense.

Based on these decisions, expert evidence is available to support the argument that medical marijuana is not experimental in nature, at least for some conditions. Whether it is reasonable and/or necessary may be more fact specific. Another line of inquiry is whether consumption is as a result of the accident. The focus of the recent SABS decisions on the administrative aspects of funding rather than the therapeutic aspects of the product is a tacit admission that times have changed. Since SABS insurers are entitled to offset for collateral benefits, coverage developments outside the SABS context are becoming increasingly relevant.

Outside the Accidents Benefits Context

A number of other tribunals have addressed entitlement and funding for medical marijuana in the broader insurance context.

Skinner v. Board of Trustees of the Canadian Elevator Industry Welfare Trust Fund, 2017 CanLII 3240 (NS HRC)

This particular decision, under the Human Rights Commission of Nova Scotia, considered whether employee benefits under Skinner's group plan could include coverage for medical marijuana (specifically, whether or not exclusion of coverage was a violation of the Human Rights Act in Nova Scotia). The plan restricted coverage to "medically necessary" drugs or medicine but did not define this term.

The decision contains an in-depth and lengthy review of coverage considerations and policy language, including a number of Ontario Human Rights Tribunal decisions which generally found no grounds for discrimination when benefit plan administrators declined funding for medical marijuana.

The Tribunal ultimately agreed that Skinner experienced discrimination as a result of the group plan's decision to deny coverage and further held this decision was not supported by a reasonable justification. The Tribunal ruled in favour of coverage for medical marijuana. Reimbursement was ordered only when the medical marijuana was purchased from a producer licensed by Health Canada or a person legally authorized to produce for the complainant.

Corporation of the City of Hamilton v. Hamilton Professional Firefighters Association, 2016 CanLII 16885 (ONLA)

This labour arbitration decision relates to claim for payment of medical marijuana for a grievor's spouse. Payment was denied as the expense was not covered by the group benefit plan and because the drug had not been assigned an identification number (DIN) by Health Canada under the Food and Drug Regulations. The collective bargaining agreement provided reimbursement for drug expenses specifically when the drug in question was approved by Health Canada under the Food and Drug Regulations. Although medical marijuana was approved for sale in Canada by Health Canada, it had not be incorporated by the Food and Drug Regulations. The arbitrator gave deference to the language in the collective agreement and the grievance was denied and dismissed.

Decision No. 221/17, 2017 ONWSIAT 460

This recent WSIAT decision outlines the principles considered by the Tribunal when a worker seeks entitlement to reimbursement for the costs of medical marijuana from the Board following a workplace accident. Under the Workplace Safety and Insurance Act, a worker is entitled to health care benefits "as may be necessary" as a result of the injury. This includes "prescription drugs". (Note that this wording is similar to SABS wording). The decision granted the worker's application noting:

[10] A number of Tribunal decisions have granted entitlement for medical marijuana as a necessary health care expense where the marijuana prescription is for a work-related injury, the worker has a severe impairment, and the worker has been granted an exemption by Health Canada to possess or cultivate marijuana for medicinal purposes. Tribunal decisions have generally required that there be medical support for the use of marijuana to treat the compensable impairment and that other alternatives first be explored.

[11] In Decision No. 2445/15, the Vice-Chair provided a succinct summary of the circumstances under which the Tribunal will provide funding for the use of medical marijuana. As stated in Decision No. 2445/15, the mainstream approach taken in previous Tribunal decisions (see Decision Nos. 480/15, 1393/14, 1537/12, and 491/12) where entitlement for medical marijuana has been granted is as follows:

  • The worker experiences constant and debilitating pain related to the worker's compensable workplace accident;
  • The worker's treating physician has recommended and/or prescribed medical marijuana to treat the worker's ongoing debilitating pain;
  • The worker has obtained from Health Canada the necessary authorization to legally possess medical marijuana with the approval of the worker's physician;
  • Other methods of pain control have been tried to address the worker's pain, but have proven to be less effective or practical than medical marijuana; and
  • There are no circumstances which make it inappropriate for the worker to use medical marijuana to treat ongoing pain.

[12] Decision No. 2335/06I held as follows:

The Panel does not dispute that there may be controversy in the medical community about the effectiveness of marijuana in relieving pain. The same may be said to be true of many types of medication however. Notwithstanding the controversy surrounding the success of marijuana as a treatment for pain, we see nothing in the legislation or policy which prohibits an adjudicator from concluding that the use of marijuana could be an appropriate health care measure to be used in treating intractable pain arising from a compensable injury. While one would expect that the use of marijuana would be the exception rather than the rule in treating pain, we are satisfied that in the appropriate case, the prescription of marijuana is a form of treatment that can [sic] authorized for injured workers. In our view, this is one of those cases.

We see no reason why requests for payment of marijuana-related expenses ought to be treated as excluded from the Act. As we interpret the legislation and policy, we believe it provides that entitlement to marijuana can be granted if the evidence establishes that it is required as a result of the injury and it improves the quality of life of a severely impaired worker.

In reaching our decision, we have been particularly influenced by the fact that Health Canada has seen fit to allow this worker access to marijuana. As noted in the Health Canada information included in the case materials, the Marijuana Medical Access Regulations, which came in to force on July 30, 2001, established a framework to allow access to marijuana by individuals suffering from "grave or debilitating illnesses, where conventional treatments are inappropriate or are not providing adequate relief". Health Canada has approved the worker's access to marijuana on this basis.

[13] The above decision was interpreted by the Vice-Chair in Decision No. 882/15 to mean that using marijuana for medicinal purposes would be the exception and not the rule. Entitlement is granted in each cased based on the particular facts of the case.

WSIB adjudicators continue to address the issue on a case-by-case basis, while acknowledging the benefits for treatment of certain symptoms. For other insurers, policy wording remains critical.

Coverage by Incremental Extension

The extension of private insurance to cover medical marijuana is incremental. In March 2015, a University of Waterloo student, covered by Waterloo's Student Health Plan, petitioned the University of Waterloo's Student Union as the Plan Sponsor to ask Sun Life to make an exception under their plan to fund his medical marijuana. The student had exhausted other medications to ease his chronic headaches. He submitted his medical marijuana expenses under his plan and was denied. Following his presentation, the Student Union requested Sun Life make an exception and cover the costs. Sun Life confirmed medical marijuana is not an eligible expense in its standard benefit plans, but it would consider requests for exceptions if directed by the Plan Sponsor. Manulife advised of a similar policy in similar circumstances. The extension of coverage does not mean University of Waterloo students were automatically covered for medical marijuana, rather, the door is open for others to follow the exemption process.

The incremental approach allows insurers to justify payment on a case by case basis.

Loblaws' coverage, while ground breaking is also incremental. The coverage is limited to $1,500 per year, with the actual cost of the product to plan members being significantly higher. Similarly, Loblaws' coverage is only extended to treat symptoms of multiple sclerosis and the side effects of chemotherapy for cancer patients. Presumably, this accords with "grave or debilitating illnesses" criteria, where conventional treatments are not providing adequate relief.

In the private plan context, Administrative Services Only plans or self-funded, self-insured plans are more likely to extend coverage. These plans are administered by insurance companies while the costs of coverage are paid by the employers. Self-insured companies are able to choose what their benefit plans cover and in so doing, are responding to their employees' needs.

In this context, Windsor Ontario Union LIUNA Local 625 extended coverage for medical marijuana to its members as a means of reducing opioid use and the consequent and attendant costs of opioid addiction ultimately borne by the insurers, including OHIP.

In keeping with safety concerns, LIUNA's coverage extension allows for medical marijuana to its retired or permanently injured workers. For those members who are still on the job, only medical cannabis oil products with reduced THC will be covered. Union members pay for the prescription up front and are reimbursed. The Union intends to monitor how often opioids are prescribed after the extension of medical marijuana coverage, in order to determine whether their objective has been achieved.

On June 15, 2017, the Ontario Public Service Employees Union (OPSEU) introduced a plan allowing OPSEU employees, their spouses and dependants to claim up to $3,000 annually for medical marijuana. The product must be prescribed by licensed physicians and obtained from legally authorized vendors. Of note, coverage is not limited to specific medical conditions.

With the advent of coverage extension under collateral benefit plans, accident benefits insurers may ultimately have the opportunity to offset some costs of medical marijuana claims. While coverage remains incremental, there are positive indications for future offsets, given the extension of coverage for medical marijuana under the WSIB, Quebec's CSST, and Veterans' Affairs via Blue Cross and the delisting of higher-strength opioid medications under the Ontario Drug Benefit program, effective January 2017. The delisting of these substances will create further demand for 'safer' (and more organic) pain control medication.

There is no doubt that the times they are a changing.

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
Helen D.K. Friedman
Evan Bawks
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
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
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

Mondaq.com (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 www.mondaq.com

To Use Mondaq.com 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.

Disclaimer

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.

General

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