Your Privacy Rights
From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act, and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers and law firms, including Obradovich Law. The Act gives you rights concerning the privacy of your personal information.
We are responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.
The Need for Personal Information
We provide legal services to a wide range of clients. In doing so, we produce direct marketing materials concerning our services and developments in the law.
If we did not collect and use your personal information we could not provide you with legal services.
Personal Information We Collect
Personal information is any information that identifies you, or by which your identity could be deduced.
Collecting Personal Information
We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we 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 sources: for example,
- your insurance company;
- from a government agency or registry, such as the Ontario Health Insurance Plan or Revenue Canada;
- your employer;
- your accountant;
- your doctors;
- a hospital or other healthcare facility where you have received treatment or been assessed.
We do not use your Social Insurance Number as a way of identifying or organizing the information we hold of you.
In most cases, we shall 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. Sometimes, your consent may be implied through your conduct with us.
Use of Personal Information
We use your personal information to provide legal advice and services to you, to administer our client (time, billing, case management and litigation support databases) and to include you in any direct marketing activities. If you tell us that you no longer wish to receive information about our services, or about new developments in the law, we will not send any further material.
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 law firms.
Disclosure of Personal Information
Under certain circumstances, we will disclose your personal information:
- when you have consented to the disclosure;
- when the legal services we are providing to you requires us give your information to third parties (for example the opposing party in litigation or arbitration) your consent will be implied, unless you tell us otherwise;
- when we are required or authorized by law to do so, for example if a court issues a subpoena;
- if we engage expert witnesses on your behalf;
- if we retain other law firms in other jurisdictions, on your behalf;
- where it is necessary to establish or collect fees; if the information is already publicly known.
Updating 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, please inform us so that we can make any necessary changes.
Safeguarding Personal Information
We take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
- premises security;
- restricted file access to personal information;
- deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access;
- internal password and security policies.
Access to Personal Information
You may ask for access to any personal information we hold about you.
Summary information is available on request. More detailed requests that require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
Your rights to access your personal information are not absolute. We may deny access when:
- 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);
- information relates to existing or anticipated legal proceedings against you;
- when granting you access would have an unreasonable impact on other people’s privacy;
- when to do so would prejudice negotiations with you;
- to protect our firm’s rights and property;
- 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.
If we hold information about you and you can establish that it is not accurate, complete and up-to-date, we will take reasonable steps to correct it.
Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website). The Proceeds of Crime (Money Laundering) and Terrorist Financing Act requires us to confirm the identity of all new clients. It may also require us to disclose information to FINTRAC in relation to certain large cash transactions.
Communicating with Us
You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
Requests for Access
If you have any questions, or wish to access your personal information, please write to our Privacy Contact at
95 Wellington Street West, Suite 901
Toronto, Ontario, M5H 2Y2
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at
112 Kent Street,
Ottawa Ontario, K1A 1H3
If you apply to us for a job, we need to consider your personal information, as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job, which you accept, the information will be retained in accordance with our privacy procedures for employee records.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimise our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.