Introduction

Rudder Law Professional Corporation, operating as Rudder Law Group (“RLG”), has a practice of protecting the privacy and security of client records. We are committed to meeting our obligations under Canadian data privacy laws, including, but not limited to, the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A., and other applicable provincial laws. We adhere to the privacy principles set out below, which govern the way we collect, use, store and disclose your personal information that is obtained in the course of advancing your tort action on your behalf.

“Personal information”, as used in this policy, means any information about an identifiable person, including client files. 

The content of “Client Files”  usually consist of some or all of the following: 

1. Paper documents contained in the paper file folder;
2. Electronic documents and electronic data and information contained in the electronic document or file; and
3. Documents and or property relating to the client matter, but not kept in the paper or electronic file folder.

Policy for the Protection of Personal Information:

We will collect, use, store and disclose your personal information in accordance with the following privacy principles:

Accountability

We are responsible for personal information in our possession or custody, including personal information that we may transfer to third parties. We will require that our third parties, who we retain, or consult with, for the sole purpose of further bolstering your tort action and accident benefits claim, are prohibited from using your personal information, except for the specific aforementioned purpose for which we supply it to them.

Identifying Purposes

Prior to the time of collection, we will identify the purposes for which we plan to use your personal information in the Retainer Contingency Fee Agreement, which you’ll sign to retain RLG to provide you legal services and to represent you in respect to your injuries, losses and damages resulting from your accident, or the negligent behaviour and conduct of the defendant, or defendants, we will be bringing a tort action against on your behalf. RLG will ask you to give us all information you have, or have access to, which could help us in working on your tort action or lawsuit, and your accident benefits claim. We will ask for copies of, but not limited to, all letters and documents relating to the accident or negligent behaviour and conduct of the defendant, such as, but not limited to, the following: medical reports; physiotherapy records; income tax records; paycheque stubs; and medical, drug, and parking receipts. If necessary, we will ask you to give us written authorization to obtain this information from third parties, such as, but not limited to, your financial and/or medical information in the possession of third parties. RLG may use the information we collect for the following purposes: 

1. Advance your tort action forward via the acquisition of your personal information that are relevant to the legal issues in your legal dispute, which are needed as supportive evidence or act as the evidentiary basis for the compensatory damages and accident benefits that we are claiming on your behalf;
2. To satisfy undertakings given at your Examinations for Discoveries, as well as request for particulars from opposing counsel, in relation to your personal information that are relevant to the legal issues in dispute in your tort action;
3. To provide your insurance company and the at-fault driver’s insurance company with your personal information they are entitled to obtain in accordance with the Insurance Act, R.S.O. 1990, c. I.8, case law, and other provincial legislation, in order to adjust your claim;
4. To provide third parties, such as, but not limited to, medical experts, forensic accountants, forensic engineers, et cetera, who we retain, or consult with, on your behalf, in order to further advance your tort action and accident benefits claim, by obtaining the needed expert opinion we require to bolster, and support, your tort action and accident benefits claim; and
5. To meet legal requirements. 

Unless required by law, we will not use personal information for a new purpose without the knowledge and consent of the individual to whom the information relates. 

Consent

Personal information will only be collected, used or disclosed with your consent, except in certain circumstances permitted or required by law. The way in which we seek your consent may vary depending upon the sensitivity of the information. We will obtain your consent in all cases where the personal information involved is considered sensitive, such as income or health information. 

Typically, we will seek your consent for the use of personal information at the time of collection. The manner in which we obtain your consent to collect your personal information from third parties, primarily involves us sending you an Authorization and Direction form to sign, either in writing or electronically via a software such as Adobe Sign. Upon signing the Authorization and Direction form, you authorize a third party, such as, but not limited to, a family doctor, a treatment or healthcare provider, an employer, the Canada Revenue Agency, et cetera, to provide us with a copy of their complete files, information, documents, records and/or notes of any type or kind of yours that are in their possession related to your tort action and the compensatory damages that we are claiming on your behalf. We request all such personal information from third parties pursuant to the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, and the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A. However, additional consent will be sought via the aforementioned Authorization and Direction forms, every time we want to collect additional personal information from third parties, even when it is an additional requisition from the same third party. 

In certain circumstances, obtaining consent would be inappropriate. For example, the federal Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, and other provincial privacy laws provide for exceptions where it is impossible or impractical to obtain consent. 

Limiting Collection

We will collect your personal information by fair and lawful means, and will limit the amount and type of personal information we collect to that which is necessary for our identified purposes.

Personal information will be retained in accordance with By-Law 9, which was made pursuant to the Law Society Act, R.S.O. 1990, c. L.8, which requires lawyers to maintain specific books or records as part of our law office accounting system. Further to the aforementioned by-law, we are required to maintain your trust accounting records or documents for ten years immediately preceding our most recent fiscal year end. All other accounting records or documents are to be maintained for six years immediately preceding our most recent fiscal year end. Personal information will be stored in a locked storage facility on RLG facilities, and backed up in Google Drive. Again, the content of client files will usually consist of some or all of the following: 

1. Paper documents contained in the paper file folder;
2. Electronic documents and electronic data and information contained in the electronic document or file; and
3. Documents and or property relating to the client matter but not kept in the paper or electronic file folder. 

Only the owner of RLG, Mr. Andrew Leroy Rudder, has access to the locked storage facility in which the personal information records are being retained. After the aforementioned time in accordance with By-Law 9, expires, the personal information will be destroyed in a secure manner and in accordance with applicable privacy legislation.

Limiting Use, Disclosure and Retention

We will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. 

Third Parties With Whom We Share Information

RLG may provide your personal information to third parties, in order to advance your tort action and accident benefits claim forward, and acquire supportive evidence to further bolster your tort action and accident benefits claim, so as to increase the probability of us obtaining the compensatory damages and accident benefits, respectively, that we are claiming on your behalf. Some of the third parties that we’ll share information with, are, but not limited to, the following:

1. Opposing counsel in your tort action, where we’ll provide your personal information that is relevant to the legal issues in dispute in your tort action, in order to satisfy undertakings given at your Examinations for Discoveries, as well as requests for particulars by opposing counsel.
2. Your insurance company and the at-fault driver’s insurance company, where we’ll provide personal information that they are entitled to obtain in accordance with the Insurance Act, R.S.O. 1990, c. I.8, case law, and other provincial legislation, in order to adjust your claim.
3. Third parties, such as, but not limited to, medical experts, forensic accountants, forensic engineers, et cetera, who we retain, or consult with, on your behalf, in order to further advance your tort action and accident benefits claim, by obtaining the needed expert opinion we need to support your tort action and accident benefits claim for compensatory damages and accident benefits, respectively, that you are seeking.

Accuracy

We will use our best efforts to ensure that your personal information that is used on an ongoing basis and information that is used to make a decision about you is as accurate, complete and up-to-date as necessary for the purpose for which it is to be used.

Safeguards

We will protect your personal information with safeguards appropriate to the level of sensitivity of the information. Our safeguards protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. We will exercise care in the disposal or destruction of personal information to prevent unauthorized parties from gaining access to the information. Our methods of protection include, but are not limited to, physical measures (e.g., locked file storage and restricted access to offices), organizational measures (e.g., security clearances and limiting access on a need-to-know basis) and technological measures (e.g., the use of passwords and encryption). 

Individual Access

Upon written request, we will inform you of the existence, use and disclose of your personal information and give your reasonable access to your information. We may deny you access for legally permissible reasons, such as situations where the information is prohibitively costly to provide, if it contains references to other individuals, or where it cannot be disclosed for legal, security or commercial proprietary reasons. We will advise you of any reason for denying an access request.

When you successfully demonstrate the inaccuracy or incompleteness of personal information held by us, we will correct or update the information as required. 

Filing Inquiries and Complaints

We will investigate all written complaints and respond to all written inquiries. If we find a complaint to be justified, we will take appropriate measures to resolve it. To file an opt-out request, request access to your information, report incorrect information or file a complaint, please send an email to info@rudderlawgroup.ca.