When a couple separates, one of the first matters to attend to is listing the matrimonial home for sale. If neither party wants to stay in the home (or neither can afford to retain it), then it may be the case that both individuals are equally motivated to sell. While they will likely not agree…Read More
As most are aware, the family courts have been closed since the start of the pandemic in March, except for the most urgent cases, and some straightforward procedural issues. What falls within the ambit of what is considered urgent includes matters involving the “wellbeing being of a child, including essential medical decisions, or issues relating…Read More
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. The Act gives you rights concerning the privacy of your personal information.
I am responsible for the personal information I collect and hold. To ensure this accountability, I have developed this policy.
What personal information is collected?
I need personal information because I provide legal services to clients, and market those services.
Personal information is any information that identifies you, or by which your identity could be deduced. If I did not collect and use your personal information, I could not provide you with legal services.
How is personal information collected?
Information is collected by lawful and fair means, and not in an unreasonably intrusive way. Wherever possible I collect your personal information directly from you, both at the start of a retainer and in the course of our representation.
Sometimes, I may obtain information about you from other sources, for example:
- your insurance company;
- your real estate agent;
- your mortgage broker;
- your banker;
- from a government agency or public registry;
- your accountant
In most cases, I will ask you specifically for consent, if I collect, use, or disclose your personal information. Sometimes this consent will be in writing and sometimes it will be oral. Or, your consent may be implied through your conduct with me..
Use of Your Information
I use your personal information to provide legal advice and services to you, and to include you in any direct marketing activities. If you tell me that you no longer wish to receive information about my services, or about new developments in the law, I will not send any further material.
I do not disclose your personal information to any third party for the purposes of enabling them to market their products and services.
Disclosure of your Personal Information
There are circumstances where I will disclose your personal information:
- when required or authorized by law to do so, for example if a court issues a subpoena;
- when you have consented to the disclosure;
- when the legal services I provide requires me to give your information to third parties (for example a lender in a real estate mortgage transaction) your consent will be implied, unless you tell me otherwise;
- where it is necessary to establish or collect fees;
- if the information is Publicly Available Personal Information, as it is defined under the Personal Information Protection and Electronic Documents Act.
Updating Your Information
Since I 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 me so that any necessary changes can be made.
Is My Personal Information Secure?
I 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:
- physical security of premises;
- technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access;
- internal password and security policies.
Access to Your Personal Information
You may ask for access to any personal information held about you.
If I hold information about you and you can establish that it is not accurate, complete and up-to-date, I will take reasonable steps to correct it.
Can I be denied access to my Personal Information?
Your rights to access your personal information are not absolute. Access may be denied in certain limited situations.
Communicating with Me
You should be aware that e-mail is not always a secure medium, and you should be aware of this when contacting me to send personal or confidential information.
Requests for Access
If you have any questions, or wish to access your personal information, please contact me directly at:
90 Centrepointe Drive
If you are not satisfied with my response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street,
Ottawa Ontario, K1A 1H3
Why use me as your lawyer?
I'm a lawyer representing clients in Kanata, Nepean, and the west-end of Ottawa.
Kerry Fox, LL.B.
Barrister & Solicitor
90 Centrepointe Dr,
Nepean, ON K2G 6B1
Tel: (613) 224-4400
Fax: (613) 226-8767
Hours & Information
There is plenty of free parking located at the back of the building.
Monday to Friday
8:30AM - 5:00PM
I also have Saturday appointments available.