Bennett Grant LLP logo

Privacy Policy

Lawyers have always set and met the highest standard for the protection of privacy. Like other professionals, lawyers have a duty of confidentiality that prevents us from disclosing client information without authorization.  In addition, all lawyer-client communications are privileged from disclosure. The privilege even prevents a judge from compelling us to disclose our lawyer-client communications to anyone without your permission.

 

The Federal Personal Information Protection and Electronic Documents Act (the “Act”) gives you a third layer of privacy protection.  In force since 2004, the Act prohibits the unauthorized use and disclosure of your “personal information”.

 

What is personal information?

Personal information means any information about an identifiable individual.

 

Why do we need personal information?

We need to collect personal information from you to determine if we can act as your lawyers.  If we become your lawyers, then we need to collect and use personal information in order to properly represent you.

 

How do we collect personal information?

We collect most personal information directly from you.  We may also collect personal information about you from other sources, such as:

 

  1. your insurance company;

  2. your employer;

  3. your physician;

  4. your accountant;

  5. a consumer reporting agency;

  6. your real estate agent during a real estate transaction; or

  7. a government agency or registry.

 

Consent

We will not collect any personal information without your consent. Subject to very limited exceptions, we cannot disclose your personal information without your authorization.


In most cases we will obtain your written consent, but in some circumstances, we may accept oral consent such as the one given during the course of a telephone conversation.  Sometimes, consent may be implied through your conduct with us.

 

Use of personal information

We use your personal information:

 

  1. to provide legal services.

  2. to establish your identity in compliance with “Know Your Client” regulations which may require you to provide name, address, employment/business information, legally mandated forms of identification.

  3. to administer our client databases.

  4. to protect against fraud and error.

  5. to identify potential conflicts of interest.

  6. to communicate with subcontractors (and/or agents or intermediaries) for the performance of any of the purposes listed above.

  7. to communicate with you; and

  8. to include you in any marketing activities directed towards you such as information about our legal services or new developments in the law that may be applicable or of interest to you.

 

Disclosure of personal information

The Act permits us to disclose your personal information without your knowledge or consent in the following circumstances:

 

  1. The information is publicly available.

  2. Disclosure is required to comply with a summons or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records (subject always to the solicitor and client privilege).

  3. Disclosure is made in response to an emergency that threatens the life, health, or security of an individual.

  4. Disclosure is necessary to establish or collect fees.

  5. Disclosure is required by law.

 

Security

  1. We protect your personal information from unauthorized access using security measures appropriate to the sensitivity of the information.  These measures include:

  2. premises security.

  3. deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and

  4. internal password and security policies.

 

Accuracy

If we hold personal information about you that is inaccurate or incomplete, we will take reasonable steps to correct the information when we are advised of errors.

 

Access to your personal information

Subject to limited exceptions, we will give you access to any of your personal information in our possession.  Exceptions may include information that is prohibitively costly to provide, information that refers to other people, or information that cannot be disclosed for legal, security or proprietary reasons.

 

E-Mail and personal information

We recognize that e-mail is not a secure medium and electronic transmission of your personal information or other confidential information may be accessed by a party who is not intended to receive the information.  You should be aware of this in the event you communicate with us by e-mail and request, impliedly or explicitly, that we send you by e-mail personal or confidential information or advice.

 

Website

Like most other businesses, we may monitor traffic patterns, site usage and related site information to optimize our web service.  We and/or third parties may use web technologies, including cookies.  A cookie is a small file created by a web browser on your computer when you visit a website or a particular page on a website. Cookies collect and store information based upon browsing patterns or information you provide. Information that may be collected on this website include but are not limited to: Age, Gender, Interests, Location, Language, Brower, Operating System, Network, and Type of Device.  All the information collected is non-personally identifiable information.

 

Retention and destruction of personal information

By reason of the use which we make of personal information, we keep our client files in secure onsite and offsite storage subject to our Document Management Retention and Destruction policy which provides that any closed file which is 15 years or older is destroyed by shredding, with the exception of will files.

 

At the time a file is closed, we offer you the opportunity to reclaim any original documents you provided to us.  If you do not avail yourself of this opportunity, those documents will also be destroyed in accordance with our Document Management Retention and Destruction policy.

 

We retain client name and contact information in perpetuity for the purpose of identifying potential conflicts of interest and managing the destruction of information.

 

Changes to this Privacy Policy

We regularly review all our policies and procedures.  We may change our Privacy Policy from time to time. A current copy of our Privacy Policy is available on our website.

 

Requests for access

If you have any questions, or want access to your personal information, please write to:

 

Stephen Grant

Bennett Grant LLP,

55 King Street West

Kitchener, ON, N2G 4W1

 

or fax your request to 519-741-8060

 

If you feel that we have contravened any provision of the Act, you may file a written complaint with the Privacy Commissioner of Canada at 112 Kent Street, Ottawa, ON, K1A 1H3.

 

Revised 03/01/2024