A. LEGAL NOTICE:
i. Providing understandable and accessible legal information is one of our foremost objectives. However, we must notify you that our website, its content and any links to other sites (the “Sites”) are governed by the following terms and conditions:
- The information provided on the Sites is for information purposes only and does not constitute legal advice.
- The information presented on the Sites is intended to be as timely and accurate as possible; however, it might not be. Specifically, there is no guarantee that the information on the Sites is accurate or complete. You use the Sites at your own risk.
- We, nor any content provider, is liable for any errors in the content on the Sites or for any action taken with reliance on that content.
- Any links provided to third-party content is for convenience only and does not imply an endorsement.
- A solicitor-client relationship has not been established simply because you visit or read something on the Sites or initiate communications with us.
- We are qualified to practice law solely in Ontario, Canada.
- Contact via any electronic form of communication does not come with a guarantee of security. Please contact us in order to determine how best to arrange a secure level communication.
ii. © 2013 Wakulat Dhirani LLP. All content of our Sites is our property or the property of our suppliers and is protected by copyright, trade-mark and other intellectual property laws and treaty provision laws. No part of this content may be sold or used in any way without our permission, except that any of our articles that we provide or publish on the Sites are licensed under a Creative Commons Canada license.
B. PERSONAL INFORMATION:
ii. What is “Personal Information”?
- Privacy legislation in Canada covers all businesses engaged in commercial activities and stipulates they must comply with the Personal Information Protection and Electronic Documents Act. Other laws and regulations may also apply.
- In Canada “personal information” is defined broadly as any information that identifies you, or by which your identity could be deduced. However, personal information does not include business contact information, including your name, title or position, business or business e-mail address, telephone or facsimile number. Personal information includes both information that we receive directly as well as information that we receive from a third party in the course of a proceeding or transaction for which the individual has consented. Collecting and using personal information is integral to our ability to provide you with legal services.
- We are responsible for the personal information we collect and hold.
iii. How do we collect your Personal Information?
- We only collect personal information by fair and lawful means. To the extent possible, we limit the amount of personal information that we collect, use or disclose to that necessary and appropriate to provide our legal services and representation and to operate our firm’s business. We try to collect your personal information directly from you at the start of a retainer and in the course of our representation. Sometimes we may obtain information about you from other public sources, or from private sources, at your request.
iv. How is your Personal Information used?
- We collect, use and disclose personal information for the primary purpose of providing you with legal advice and services, including a. to establish and manage client relationships; b. to administer our account for you (e.g. timeand billing databases); c. to share personal information with third parties for the purpose of providing legal services in the context of legal proceedings, including litigation, mediation or other proceedings. Such third parties may include opposing parties, other counsel, advisors, witnesses, courts, adjudicators, mediators, other decision-makers and experts; d. to represent clients in the context of business transactions involving the exchange or disclosure of personal information; e. to contact and communicate with clients for the purpose of evaluating client service and satisfaction; f. to develop and manage our business and operations; and g. to comply with, applicable legal or regulatory requirements or provisions.
- We do not disclose your personal information to any third party to enable them to market their products and services. For example, we do not provide our client mailing lists to other service professionals.
v. Obtaining Your Consent
- Where required by applicable privacy legislation, we will obtain your consent to the collection, use and disclosure of your personal information.
- In most cases, we will ask you to specifically consent, if we collect, use, or disclose your personal information. Normally, we ask for your consent in writing, but in some circumstances we may accept your oral consent. We assume that you have consented to our reasonable collection, use and disclosure of personal information for the purposes of our representation or provision of legal advice to you and the conduct of the transactions or proceedings in which you are involved. We also assume that, when an individual initiates contact with us or voluntarily provides personal information to us, the individual has consented to our reasonable collection and use of personal information consistent with the purposes for which the information was given.
- Finally, we also assume that clients who retain us, or individuals involved in proceedings or matters opposite or adverse to our clients, consent to the reasonable collection, use and disclosure of their personal information by us and our agents for purposes of our representation or provision of legal advice to our clients and the conduct of the transactions or proceedings involving our clients.
- You may, however, withdraw your consent at any time upon reasonable notice, subject to legal restrictions. Please note, however, that withdrawing your consent will likely affect our ability to continue to assist you properly.
vi. How is your Private Information is protected?
- We keep records of the work performed and services provided by us in accordance with applicable regulatory requirements and professional standards. These records may include personal information. We take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure.
vii. Accessing your Personal Information
- Every individual has a right to access the personal information that we have about you in your file. You may review your personal information at any time by sending us a request in writing at firstname.lastname@example.org or contact us at the address located on this website. If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa Ontario, K1A 1H3, 1.800.282.1376.
viii. Updating or correcting your Personal Information
- Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date. If during the course of the retainer, any of your information changes or requires correction, please inform us so that we can make any necessary changes.
ix. Can I be Denied Access to My Personal Information?
- Your rights to access your personal information are not absolute. We may deny access when: a. denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by one of our clients); b. information relates to existing or anticipated legal proceedings against you; c. when granting you access would have an unreasonable impact on other people’s privacy; d. when to do so would prejudice negotiations with you; e. to protect our rights and property; f. where the request is frivolous or vexatious.
- If we deny your request for access to, or refuse a request to correct information, we shall explain why. We do not use your Social Insurance Number as a way of identifying or organizing the information we hold upon you.
x. Lawyer-Client Communications
- E-mail is not a fully secure medium, and you should be aware of this when contacting us to send personal or confidential information.