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SMITHEN Law, Child & Family Advocacy recognizes the importance of privacy and sensitivity of personal information. As lawyers, we have a professional obligation to keep confidential all information we we receive within a lawyer-client relationship. Our relationship with you is founded on trust and we are committed to maintaining that trust. We are committed to protecting any personal information we hold.

For these reasons, we have created the following privacy policy. It outlines how we manage your personal information and safeguard your privacy. It confirms our dedication to protection your privacy and maintaining the trust that you have placed in our law firm. This privacy policy is your guarantee that we will maintain the confidentiality and privacy of the personal information that you have entrusted to us.


From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act (the "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 SMITHEN Law, Child & Family Advocacy. The Act gives you rights concerning the privacy of your personal information.

SMITHEN Law, Child & Family Advocacy is 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.


Our firm collects personal information for the following limited purposes:

. to establish and maintain client lists;
. to represent you as our client; and
. for internal purposes including the professional development of firm lawyers and law clerks.


Personal information is any information that identifies you, or by which your identity could be deduced. We collect and use your personal information in order to provide you with legal services. Our firm restricts the collection of personal information only to that information that is necessary for the purposes noted above. We are committed to collecting personal information in a fair, open and lawful manner. Wherever possible, we collect your personal information directly from you at the start of a retainer and in the course of our representation.

In most cases, we shall ask you to specifically consent if we collect, use or disclose your personal information. Sometimes, your consent may be implied through your conduct with us.


By retaining our firm, you have confirmed your trust in us. We are honoured by this trust and take pride in serving you.

We use your personal information to provide legal advice and services to you and to administer our client (time and billing) databases. We are obliged for legal purposes to retain our client files after the end of the retainer.

SMITHEN Law, Child & Family Advocacy does 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.

Our firm stores and maintains personal information in conformity with the requirements of the Personal Information Protection and Electronic Documents Act and the model code for the protection of personal information created and approved by the Canadian Standards Association.


Under certain circumstances, SMITHEN Law, Child & Family Advocacy will disclose your personal information:

. When we are required or authorized by law to do so, for example if a court issues a subpoena or
summons to witness;
. When you have consented to the disclosure;
. When the legal services we are providing to you require us to give your information to third parties (for
example, a professional retained to conduct a custody/access assessment or a mediation) your
consent will be implied, unless you tell us otherwise;
. When it is necessary to establish or collect fees;
. If we engage a third party to provide administrative services to us (like computer backup services or
archival file storage) and the third party is bound by our privacy policy;
. If we engage expert witnesses on your behalf; and
. If the information is already public known.


Our firm has developed and implemented security safeguards appropriate to the sensitivity of the personal information kept by us. 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 aces; and
. Internal password and security policies.

We ensure that any of our employees who deal with personal information are properly trained and are aware of the necessary and appropriate measures required to protect personal information.


Our firm makes information about its policies and practices respecting the collection and maintenance of personal information available to all interested parties.

We are pleased to answer any questions that you may have regarding the collection and maintenance of personal information.

You may ask for access to any personal information we hold about you. Summary information is available on request. More detailed responses which require archival or other retrieval costs may be subject to our normal professional and disbursement fees.


Our firm is committed to maintaining accurate, complete and up-to-date personal information. If you are aware of changes to the personal information you have given to us, simply inform us of the changes and we will update our records accordingly.


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).


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.


Since SMITHEN Law, Child & Family Advocacy regularly reviews all of its policies and procedures, we may change our privacy policy from time to time.


If you have any questions or wish to access your personal information, please write to our Privacy Contact at SMITHEN Law, Child & Family Advocacy, 5 Brian Peck Crescent, Suite 302, Toronto, ON M4G 4J7.


Our web site,, contains links to other sites which are not governed by this Privacy Policy.

On our web site, like most other commercial web sites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.

SMITHEN Law, Child & Family Advocacy
5 Brian Peck Crescent, Suite 302
Toronto, ON M4G 4J7
Tel: 416 925 2123 Fax: 416-925-2874

2016 © SMITHEN Law, Child & Family Advocacy


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