Attorney Advertising Notice
Prior results do not guarantee a similar outcome
The purpose of this website is to provide general information about the law firm Kissack Law Professional Corporation (“KLPC”).
The material provided on this website is not legal advice and is only of a general nature. While KLPC has taken reasonable efforts to ensure the information contained herein is accurate, it does not warrant or guarantee that this information is correct or up to date. Additionally, KLPC does not provide any warranties with respect to any links to other websites that may from time to time be contained in this website; they are included for your convenience only and are not intended to be referrals or endorsements of the linked entities.
In no event shall KLPC be liable to visitors of this website or anyone else for any damages or injury whatsoever arising out of or in connection with the use or inability to use this website or any hyperlinked website (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages, lost profits, business interruption, loss of programs or other data on your information handling system or otherwise), even if we are expressly advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue using and accessing this website.
KLPC encourages your inquiries. You should be aware, however, that accessing our website or contacting our lawyers using email does not create a lawyer-client relationship or impose any obligation on KLPC. Moreover, due to the nature of the Internet, any electronic communication between us may not be secure and, unless you are already a client of our firm, will not be privileged and may be disclosed to other persons. Therefore, you should not send us any email that contains confidential or sensitive information unless you are already a client of KLPC.
All content of this website, including its design, is protected by copyright and trademark laws. Any copying, distribution or other protected use without the express prior written permission of KLPC is strictly prohibited.
We request that you not use any of the information on this website, including the email addresses that are available herein, to transmit, distribute or facilitate the distribution of unsolicited bulk email or other advertisements to KLPC or any of its partners or employees.
1. Know Your Client Rules
The governing body of the legal profession in Ontario has imposed certain rules relating to the opening of new matters for clients and the operations of law firm trust accounts. These rules, sometimes referred to as “Know Your Client” rules, are designed to assist in the prevention of activities such as money laundering. Accordingly, KLPC has implemented certain file opening and trust account procedures to ensure that we comply with our obligations as efficiently as possible while minimizing the impact on our clients.
Client Identification: When we are retained to act on a new file, whether for a new or an existing client, KLPC must collect certain specific information. For clients that are organizations, this will normally include information such as the client’s incorporation or business identification number and jurisdiction of formation. For clients who are individuals, we must also record the client’s occupation, home address and telephone number. We are obligated to obtain this information also in regard to any third parties for whom our client may be acting in the matter. Unless that relevant information changes from time to time, it is obtained once only per client.
2. File Retention and Disposal
As part of an ongoing retainer, KLPC lawyers make every effort to ensure the client is provided with all documentation relevant to the matter. Clients that, upon termination or completion of a matter, wish us to send them any additional documentation are requested to please so advise us. Otherwise, any documentation that our clients or others have provided to us and our work product produced for that matter will be dealt with in accordance with our records retention program (subject to strict protection of client confidentiality), which may include destruction of these materials after an appropriate time has elapsed.
3. Electronic Communications
We communicate with clients and others and provide documents through various forms of electronic communications, including email through the public Internet. Clients may also correspond with or provide us with documents through electronic means. These electronic communications may contain information that is confidential or privileged unless our clients instruct us not to send such information electronically. There is a risk that any such electronic communications may be intercepted or interfered with by third parties or may contain computer viruses.
In addition, we employ filtering techniques (e.g., anti-spam software) that might interfere with the timely delivery of electronic communications sent to us. Neither party will be responsible to the other, or have any liability for any actions of third parties, with respect to electronic communications that either of us might send to the other or for any delay in delivery or non-delivery or other damage caused by virtue of a communication having been made in electronic format.
Clients wishing to discuss other means of delivery of information are asked to please contact the KLPC lawyer engaged in their matters. In addition, if you have any concerns or doubts about the authenticity or timing of any electronic communication purportedly sent by us, please contact us immediately.
“Personal information” is a broad term that includes any information about or that can be used to identify an individual. The types of personal information we may collect about an individual will depend upon the nature of the services we are requested to provide or the purpose for collecting the information (see “Purposes for Collecting, Using or Disclosing Personal Information,” below). Generally, personal information may include a person’s name and home contact information, billing and account information, information relevant to the person’s legal matters (such as information about his or her business or financial affairs) and other information incidental to the provision of legal advice and services by our firm. We may also collect personal information about directors, officers, shareholders and employees of a client, adverse parties and other parties who are individuals. In certain circumstances, we may be required pursuant to our professional or statutory obligations, including Know Your Client requirements imposed by our governing law societies, to verify the identity of a client or its representatives. This may include obtaining additional personal information, such as a person’s occupation or date of birth, and we may be required to obtain and retain a copy of an individual’s personal identification document.
Personal information does not refer to business contact information, including your name, title or position, business or business email address, telephone or facsimile number in your capacity as an employee of an organization. Personal information also excludes certain publicly available information, such as information listed in a public telephone directory.
Purposes for Collecting, Using or Disclosing Personal Information
We collect, use and disclose personal information only for purposes that a reasonable person would consider appropriate in the circumstances, and we limit the amount and type of personal information we collect, use or disclose to that necessary for the purposes identified. Generally speaking, KLPC collects, uses and discloses personal information of clients and other individuals for the primary purpose of providing legal services and advice on matters for which we have been retained. In some cases, we may be required pursuant to Know Your Client regulations applicable to our profession to obtain certain personal information and in such cases the purpose is to comply with our regulatory obligations. We also collect and use personal information for administrative purposes (such as billing and payment processing) and to preserve the integrity of our document management systems.
We also collect and use personal information of clients and prospective clients to establish and foster relationships by communicating about our firm and our services. We use personal information to send publications and invitations to individuals who subscribe to our mailing lists or are invited by firm members, to maintain contact lists and to conduct other activities to promote our firm.
We may share personal information with third parties in the course of representing clients, including conducting negotiations. Those third parties may include opposing parties and their counsel and our agents (other lawyers we engage to assist us and/or our clients with foreign or specific legal elements of a matter.
In addition to the above we may collect, use and disclose personal information for other purposes ancillary to our business. For example:
- information about individuals who apply to us for employment or partnership for purposes of considering and evaluating their suitability for such a position;
- information about former employees in order to maintain contact and comply with statutory obligations; and
- as permitted or required by law.
In some cases we may be authorized or required by law to collect, use or disclose personal information without consent. For instance, we may be required to disclose information to civil or regulatory authorities or pursuant to a subpoena or court order.
Retention and Safeguards
KLPC retains personal information for as long as it is needed for the purposes for which it was collected or in accordance with applicable regulatory requirements and professional standards.
We use safeguards that are standard in the legal profession to protect the security of personal information in our possession. These safeguards include the establishment of policies and procedures, the training of personnel, the use of physically secure facilities, the adoption of other standard security practices and the appointment of a Privacy Officer (Joel Kissack).
Any information or documentation that we collect in compliance with our Know Your Client obligations is stored separately from other files and access thereto is limited to personnel who are responsible for ensuring that we comply with our obligations.
When we enter into arrangements with service providers, agents and contractors to store, handle or process personal information on our behalf, such as for data processing, document storage and office services, we take reasonable steps, by contractual means or otherwise, to ensure that these parties use the information only for the purposes of complying with such arrangements and that they provide comparable privacy protection while the information is in their possession or control.
Access or Changes to Your Personal Information