Privacy Policy & Accessibility
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Privacy Policy
Wilson Vukelich LLP ("WV" or the "firm") is committed to protecting the privacy rights of its clients and employees, as well as others with whom the firm deals. This commitment extends beyond our professional obligations and our compliance requirements in respect of the Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA"), the latter of which will be required of us as of January 1, 2004. The relationships between a law firm and its various stakeholders are based on trust. WV understands the importance of this trust and how it is embodied in the ways in which we protect sensitive personal information that we receive in the course of carrying on our business.
The policies and procedures set out in this Privacy Policy can be found on our website at www.wilsonvukelich.com and are based on the Canadian Standards Association Model Code for the Protection of Personal Information (the "Code"), which is the basis for the provisions of PIPEDA. WV reserves the right to change or update this Privacy Policy, with all amendments to be published on our website. Clients and others are therefore advised to check for changes regularly, but employees will be so advised internally.
As of January 1, 2004, PIPEDA will give every individual rights with respect to the privacy of the personal information disclosed by such individuals to private sector entities (such as law firms), where "personal information" is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, PIPEDA protects all information about an individual that could be used to identify him/her, other than "business card" information about that individual.
This Privacy Policy is based on the principles set out in PIPEDA and in the Code.
Accountability
WV is accountable for all personal information under its care and control. Our lawyers and support staff have all been trained regarding this Privacy Policy and the procedures resulting from its maintenance. WV's privacy compliance officer is designated as the person responsible for this Privacy Policy and for the protection of personal information received by the firm. The privacy compliance officer can be reached by:
- e-mail, at dcondon@wvllp.ca;
- telephone, at (905) 940-5505;
- facsimile, at (905) 940-8785; or
- mail, at 60 Columbia Way, Suite 710, Markham, Ontario, L3R 0C9
Any questions about WV's handling of personal information should be directed to our privacy compliance officer.
Purpose of Personal Information
WV is required to collect and use personal information from its clients in order to provide legal services, and it collects personal information from employees in order to carry out internal administrative functions. WV also produces direct marketing materials concerning its services and developments in the law. WV will not use personal information for any other purpose than identified in this Privacy Policy at or before the time of collection.
Consent
WV collects personal information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible, WV collects personal information directly from the individual, but it may obtain personal information from other sources, such as insurance companies or other financial institutions, a real estate agent, a government agency or registry, the individual's accountant or the individual's employer in the event WV acts for the individual. In addition, WV, in order to make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money laundering, may request personal information from the files of consumer reporting agencies. WV seeks written consent where possible (it will also accept oral consent) for all personal information it collects, uses and discloses, either prior to or at the time of collection.
If an individual has voluntarily provided information, such individual has consented to the collection, use and disclosure of personal information as described in this Privacy Policy. WV will not use personal information for any purpose other than that for which consent was received. If WV requires personal information for a new purpose, it will contact the individual to seek consent for such new use.
Limits for Collecting, Using, Disclosing and Retaining Personal Information
WV does not collect, use or disclose personal information of individuals except when individuals give consent and provide the information on a voluntary basis. There may be occasions where more specific personal information is necessary for us to proceed with a request for information, or provide the individual with legal services. In such cases, WV will provide such individual with a description of the information required. In all cases, WV limits the amount and type of information collected to only the personal information that is required to provide the individual with legal advice and services, to administer client and employee databases and to include the client in the firm's direct marketing activities as described above. With respect to the latter, WV will cease sending direct marketing materials if the client indicates that it no longer wishes to receive such materials. WV collects only information that is voluntarily provided and undertakes that such information will be kept strictly confidential. WV does not disclose personal information to any third party to enable them to market their products and services and will only disclose to third parties on an "as needed" basis and provided that such third party agrees to be bound by this Privacy Policy.
WV does not use an individual's Social Insurance Number as a means of identifying or organizing the information held by the firm in respect of such individual.
WV will only disclose personal information in limited circumstances, including the following:
- WV is required or authorized by law to do so;
- there has been consent to the disclosure;
- when the nature of the legal services being provided requires disclosure of personal information to third parties, unless the client informs WV that it does not so consent;
- disclosure is necessary to establish or collect fees;
- WV engages a third party to provide certain administrative services and such third party is bound by this Privacy Policy;
- expert witnesses are engaged by WV on behalf of the client;
- if WV retains other law firms in other jurisdictions on behalf of the client; or
- if the information has already been disclosed publicly.
WV retains personal information at its premises only as long as is necessary to provide the client with legal services, and such information is moved to a secure offsite location for storage indefinitely in order to ensure compliance with legal reporting and retention requirements. Any personal information that WV retains is kept in such a manner as to ensure its security and confidentiality at all times.
Safeguarding Personal Information
WV respects the privacy of its clients and employees and will protect that privacy as vigorously as possible. WV stores personal information in electronic and physical files that are secure and to which access is restricted. Other measures include, without limitation, physical premises that are monitored by security 24 hours a day, 7 days a week, password-protected computers and the use of technology safeguards, such as firewalls, encryption and intrusion detection, to prevent hacking or unauthorized computer access. Unfortunately, no data transmission over the Internet or by electronic mail can be guaranteed to be 100% secure. As a result, WV cannot ensure or warrant the security of any information transmitted to us electronically.
Accuracy of and Access to Personal Information Collected
WV makes every effort to keep personal information as accurate, complete, current and relevant as necessary for the purposes of providing legal services to clients. WV will update any changes to personal information when received from clients or employees. If WV holds personal information about a client which can be established by the client to be inaccurate, incomplete or not up-to-date, WV will take reasonable steps to correct it.
At the written request of an individual to WV's privacy compliance officer, he or she may view or edit their personal information as collected by WV. WV will inform such individual of what personal information WV has about them, what it is being used for and, in cases where it has been disclosed, to whom it has been disclosed. The right of access to personal information is not absolute, and access may be denied in one or more of the following circumstances:
- WV is required or authorized by law to do so;
- the information relates to existing or anticipated legal proceedings against such individual;
- the granting of access would have an unreasonable impact on the privacy of others;
- the granting of access would prejudice negotiations with the client;
- in order to protect the rights and property of WV; or
- in the event that the request is frivolous or vexatious.
If access to personal information is denied, WV shall explain the reason(s) behind such refusal to the client or employee, as applicable.
Wherever it is legal and practicable to do so, WV may be able to deal with general inquiries without disclosing personal information. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) requires WV to confirm the identity of all new clients and may require disclosure of information in respect of certain large cash transactions.
To make a request, please send a letter, email or facsimile addressed to the WV privacy compliance officer at the address indicated above with the name and contact details of the individual requesting disclosure, as well as the nature of the request. WV will reply to the request by no later than thirty (30) days after receipt of the request, or if WV is not able to respond within this time period, the firm will send a notice of extension. If WV is not able to disclose all the personal information relating to the individual, WV will give such individual a reason for the inability to do so, unless prohibited by law.
Summary information is available on request, subject to the foregoing limits, but more detailed requests requiring archive or other retrieval costs may be subject to WV's normal professional and disbursement fees.
Questions
Any questions or comments about this Privacy Policy or the handling by WV of personal information should be directed to WV's privacy compliance officer, who will take all appropriate measures to resolve any problem or to answer privacy-related questions. If a satisfactory answer has not been provided at that level, the Privacy Commissioner of Canada can be reached at 112 Kent Street, Ottawa, Ontario, K1A 1H3, 1-800-282-1376.
For more information contact us at information@wvllp.ca
ACCESSIBILITY - ACCESSIBLE CUSTOMER SERVICE PLAN
Wilson Vukelich LLP and TCBL Services Inc. (hereinafter collectively referred to as "WV") is committed to maintaining an accessible environment for persons with disabilities in the delivery of its goods and services.
Preamble
This is an Accessible Customer Service Plan, established in accordance with the Customer Service Standard adopted under the Accessibility for Ontarians with Disabilities Act, 2005.
WV will provide a copy of this Plan upon request and will provide it in a format so reasonably requested.
This Plan deals with:
- The use of guide dogs, service animals and support persons;
- the steps to be taken in connection with a temporary disruption;
- the training policy, including a summary of the contents of the training and details of when the training is to be provided;
- records of the training provided under this policy, including the dates on which the training is provided and the number of individuals to whom it is provided;
- the feedback process.
Documents produced further to this Plan and so required by the Customer Service Standard are available upon request and are provided it in a format so reasonably requested.
Objectives
WV is dedicated to ensuring that all reasonable efforts are made to:
(i) provide services in a manner that respects the dignity and independence of persons with disabilities;
(ii) provide services in a manner that is integrated, unless an alternate measure is necessary to enable a person with disabilities to obtain WV's services; and
(iii) give persons with disabilities an opportunity equal to that given to others to obtain WV's services.
Application
This policy applies to WV services that are provided externally to the public or third parties.
The policy applies to all lawyers, paralegals and staff with WV. The policy also applies to all agents, volunteers, clients, and visitors of/to WV.
Providing Services to People with Disabilities
1) Communication
When communicating with persons with a disability, WV will make all reasonable efforts to take into account the person's disability.
WV's employees who communicate with members of the public will be trained on how to interact and communicate with people with various types of disabilities. Further to this, the employees will be trained on how to develop a communication plan in recognition of the persons' disabilities. For example, WV and the person may agree to deal with complex matters in writing and in plain language.
2) Assistive Devises
WV recognizes that persons with disabilities may require the use of personal assistive devices to obtain, use or benefit from WV's services. Personal assistive devices are usually devices that people bring with them, such as a walker or a personal oxygen tank. Some personal assistive devices, such as a magnifying glass, are readily available for WV to provide to its clients.
Persons with disabilities are permitted to obtain, use or benefit from WV's services through the use of their own assistive devices (except where use of such a device would pose a danger to others or would result in WV's being in violation of a municipal, provincial or federal law or regulation).
Where requested, WV will provide the person with a disability with any personal assistive device which WV has available to offer.
In the event that a person with a disability is hindered from accessing any services offered by WV despite his/her assistive device, WV will strive to accommodate the person by attempting to deliver the same services in another way.
WV's employees who interact with members of the public will be trained to ensure that they are familiar with various assistive devices that may be used by people with disabilities while accessing WV's services.
3) Service Animals
WV recognizes that persons with disabilities may require the use of a service animal to obtain, use or benefit from WV's services. Examples of service animals are dogs used by persons who are blind and hearing alert animals for those who are Deaf, deafened or hard of hearing.
WV welcomes persons with disabilities and their service animals. Services animals are allowed in the areas of WV's premises that are open to the public and third parties. Service animals are not permitted where prohibited by a statute or regulation or where, by operation of a statute or regulation, the service animal should not be permitted onto the premises or that area of the premise. For example, service animals may be prohibited from going into WV's kitchen.
If a service animal is excluded from WV's premises or part of WV's premises, WV will suggest appropriate alternatives and provide accommodation in order to assist that person in obtaining WV's services.
WV's employees who interact with members of the public will be trained on how to interact with customers who are accompanied by service animals.
4) Support Persons
WV recognizes that persons with disabilities may require the use of a support person to obtain, use or benefit from WV's services. A support person is an individual who accompanies the person with a disability to help with communication, mobility, personal care or medical needs or with access to services. A support person may be a paid professional, a volunteer, a family member, a friend, a case worker, or a social worker.
WV welcomes persons with disabilities and their support persons. Support persons are allowed to accompany the person with a disability on WV's premises.
Upon consent of the client, the client's support person may be present while confidential information is being exchanged, for example at a lawyer-client meeting.
WV's employees who interact with members of the public will be trained on how to interact with customers who are accompanied by a support person.
5) Providing Legal Services to Persons with Disabilities
When representing clients with a disability, WV shall adhere to the Ontario Human Rights Code.
Further, when representing clients with a disability, lawyers and paralegals with WV shall follow the Law Society of Upper Canada's Rules of Professional Conduct, including the Rules with respect to serving clients with disabilities (Rules 1.03(1)(b), 2.02(6) and 5.04).
WV's presumption is that an adult client is capable of instructing counsel. This presumption is not rebutted by the mere fact that a client is a person with disability.
Where WV has concerns about a client or a prospective client's capacity to instruct counsel, WV may need to take steps to, such as:
- seek to obtain the client or prospective client's consent to discuss those concerns with the individual's family members and/or health care providers;
- seek the assistance of the Capacity Assessment Office, a qualified capacity assessor, or a qualified medical professional;
- have a lawfully authorized representative appointed (i.e. a litigation guardian); or
- obtain the assistance of the Office of the Public Guardian or the Office of the Children's Lawyer.
Unfortunately, in some cases WV may be required to withdraw their services where a client lacks the capacity to instruct counsel.
WV recognizes that finding a client incapable of providing instruction to counsel is a serious matter and impacts upon a client's access to justice. In the event that WV finds that a client no longer has the necessary legal capacity, WV shall make all efforts to ensure that the client's interests are not abandoned.
6) Billings
WV is committed to providing accessible invoices. Upon request, WV's invoices can be provided in reasonable alternative formats.
Notice of Temporary Disruptions
WV acknowledges that persons with disabilities may only access and attend at its premises by using certain services and facilities (e.g. the elevator).
WV will provide notice when there is a temporary disruption in those services or facilities that persons with disabilities may rely on. This notice will include information about the reason for the disruption, its anticipated duration, and, if applicable, a description of alternative facilities or services that may be available. Notice of service disruptions will be provided as soon as reasonably practicable after WV is made aware of the disruption or the scheduled disruption.
The notice of a disruption may be provided by way of postings in conspicuous places at the office, in other facilities of the building (i.e. the lobby), on WV's website or by any other means that will reasonably ensure that the notice reaches those persons potentially affected by the temporary disruption in a manner that is accessible to them.
Training
WV will ensure that all persons (including employees and contractors) who deal with members of the public or other third parties on behalf of WV will be provided:
- instruction on how to interact and communicate with people with various types of disabilities;
- instruction on how to interact with persons with disabilities who use assistive devices or require the assistance of a guide dog, other service animal or a support person;
- instruction on how to use equipment or devices available on firm premises or that the firm otherwise provides, that may help people with disabilities access services; and
- instruction on what to do if a person with disabilities is having difficulty accessing firm services.
WV will keep records of the training provided, including the dates on which training was received and the names of participants.
Feedback process
WV welcomes any feedback regarding the methods it uses to provide services to persons with disabilities. Individuals may provide their feedback in person, by telephone, in writing, or by email to the Office Manager, Cathy Whittaker, information@wvllp.ca
Complaints may be made in writing to the Office Manager, Cathy Whittaker. The Complaint will be reviewed and a response to the Complaint, including any suggested resolution, will be provided.
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