DISCLAIMER & POLICIES
Disclaimer and Terms Of Use
Website Terms of Use – Luka Rados Defence
All use of this website is subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website. These terms may be changed by Luka Rados Professional Corporation at any time without notice. Your use of the website constitutes your agreement to be bound by these terms.
Disclaimers
The materials provided on this site are for information purposes only. These materials constitute general information relating to areas of law outlined on the website. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of this website as such.
The contents of the website do not necessarily represent the opinions of Luka Rados or their clients. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Luka Rados we will be pleased to discuss whether either of them can assist you.
A solicitor-client relationship will arise between you and Luka Rados only if either of them specifically agree to act for you for consultation purposes on a specific matter. Until a lawyer specifically agrees to act for you, you should not provide that lawyer with any confidential information or material.
Confidentiality of Communications
Luka Rados cannot guarantee the confidentiality of any communications sent by e-mail or through the website, or left in voicemail messages on telephones. Unsolicited information and material may not be treated as confidential and will not be protected by any solicitor-client privilege.
Accessing or using this website does not create a solicitor-client relationship. Although the use of the website may facilitate access to or communication with Luka Rados by e-mail or voicemail, receipt of any such communication or transmissions by Luka Rados does not create a solicitor-client relationship, unless a lawyer agrees to represent you.
Although Luka Rados have made reasonable efforts to ensure that the materials contained on this site are accurate, they do not warrant or guarantee: the accuracy, currency or completeness of the materials; that the site will be available without interruption, error, or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.
Liability
Luka Rados will have no liability for any damage arising from the misuse of any information provided on this website. The information provided on the website is not legal advice and should not be relied upon as such. Doing so without seeking the advice of legal counsel constitutes a misuse of the information.
Copyright and Trade Marks
The copyright in this website and its contents is owned, or licensed by Luka Rados. This website, as a whole or in part, may not be reproduced without the express prior written consent of Luka Rados. To obtain such consent, please contact Luka Rados.
Linking to the Website
David Bayliss and Luka Rados acknowledge and appreciates links to the website. Links should go directly to the homepage. Linking directly to other pages within the site or framing content on the site is prohibited without the prior written consent of a representative of Luka Rados.
Links to Third Party Sites
The website has been designed to be a resource for information on matters that might be of interest to current or potential clients. As a result, there are links throughout the website to third party sites. These links are provided for convenience only, and do not mean that Luka Rados endorse or recommend the information contained in linked websites, or guarantees its accuracy, timeliness, or fitness for a particular purpose. Luka Rados take no responsibility for the content or practices of third-party sites.
Feedback
We welcome your feedback, if you have questions or comments about the website, the legal notice or the privacy policy of Luka Rados, please contact us at 416.598.5250.
This Disclaimer is effective October 24, 2023.
Privacy Policy
Luka Rados is an Ontario Lawyer who specializes in criminal defence law and has an office in Toronto, Ontario, Canada. Luka Rados and staff are committed to protecting your privacy. This Privacy Policy outlines how your personal information is handled to protect your privacy.
The law firms of Luka Rados and David Bayliss practice in association, by sharing office facilities and resources, but remain separate legal entities. The client files of both firms are kept in separate physical and digital spaces. Neither lawyer has access to the other’s client files. “Firewalls” have been erected between the two firms and any common staff are instructed maintain strict confidentiality of each firm’s client information .
Privacy Legislation
Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including DGBPC.
In addition, an Act respecting the Protection of Personal Information in the Private Sector has been in force in Quebec since 1994 and sets out rules regarding the collection, use and disclosure of personal information within that province.
Lastly, as a professional services firm, Luka Rados and David Bayliss have professional and ethical obligations to keep confidential the information they receive in the context of a lawyer-client and agent-client relationship.
Personal Information
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, it does not include the information that one expects to find on a business card.
Consent to Our Collection of Personal Information
In most cases, your consent will be obtained to collect, use and disclose your personal information. Usually, if you retain Luka Rados, it is assumed that you have given implied consent for your personal information to be collected, however, at times you may be asked for your express consent, either verbally or in writing. Generally, your personal information is collected at the start of or during the course of your being represented by Luka Rados. Sometimes information about you may be obtained from other sources such as a government registry or other professionals who serve you.
Use of Personal Information by Luka Rados
Your personal information is used to provide legal advice and services to you, to issue invoices and to maintain client databases. In addition, if you apply for a position with Luka Rados, your personal information will be used to assess your candidacy. Lastly, contact information (name, e-mail and postal address) may be used to allow communication with you about recent developments in the law, keep you abreast of firm news and invite you to our firm events.
Withdrawal of Consent
You may withdraw your consent to the collection, use, and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to the collection, use, and disclosure of your personal information may impact our ability to represent you and provide you with legal advice.
Disclosure of Personal Information
Generally, your personal information will not be disclosed to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where your personal information may be disclosed:
such disclosure is necessary to collect fees or disbursements;
third parties are contracted to provide certain services such as investigators, archival file storage or insurance providers. (In such cases, contractual or other means will be used to ensure the third-party service provider is bound by obligations regarding privacy which are consistent with this policy);
expert witnesses or other law firms are engaged on your behalf.
Accuracy of Your Information
It is important that the information that Luka Rados have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform either lawyer so that any necessary changes can be made. You may also be asked from time to time whether your personal information is up-to-date.
Safeguards
Luka Rados employs various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include the security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to our electronic files.
Access to your Personal Information
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Luka Rados will notify you in writing of the reason for the denial.
To request access or to amend your personal information, please contact the lawyer or agent with whom you normally correspond or write to the Privacy Contact at the address below. A response will be made within thirty (30) days of receipt of your written request.
Challenging Compliance
Luka Rados will respond to inquiries about their policies and practices relating to its handling of your personal information. Inquiries should be directed to a Privacy Contact using the contact information below. Luka Rados will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, appropriate measures will be taken to resolve it, including, if necessary, amending this Policy and its procedures.
Website Privacy
Like most other commercial websites, this site may monitor traffic patterns, site usage and related site information to optimize your visit to the website.
The website does not use cookies or any electronic means to collect personal information from you or your computer. However, the website server will automatically collect IP addresses. The IP log may be viewed from time to time, for example, to maintain the security of the website. The website does not link IP addresses to other personally identifiable information.
Privacy Contacts
If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to use of your personal information or you wish to request access to or update any information on file, please contact:
Luka Rados
36 Lombard St., Toronto, Ontario
Canada M5C 2X3
647 982 1758
If any complaint or inquiry is not handled to your complete satisfaction, you may contact:
Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario
K1A 1H3
Telephone: 613.995.8210
Toll free: 1.800.282.1376.
Commission d’accès à l’information du Québec
480 St. Laurent
Suite 501
Montréal, Quebec
H2Y 3Y7
Telephone: 514.873.4196
Toll Free: 1.888.528.7741
Changes to this Privacy Policy
This Privacy Policy may change from time to time. Any changes will be posted on the website and will be made available upon request through the contact information listed above. Please check from time to time to ensure you are aware of the current policy.
This Privacy Policy is effective October 24, 2023.
Conflict of Interest Issues
In some circumstances, a lawyer is considered a conflict of interest which could prevent him or her from acting for a potential client. Generally speaking, a conflict of interest exists when the lawyer for some reason cannot provide his or her undivided loyalty to a potential client because of commitments to other clients or past clients who may be connected to the matter in which the potential client is seeking to retain the lawyer. In the context of criminal law, a conflict of interest most often arises when a lawyer represents or has previously represented a person who is co-accused with the potential client or a person who may be a witness against the potential client in the same matter.
Luka Rados will endeavour to ensure that no conflicts of interest exist in relation to any of their clients. If the firm becomes aware of any conflict of interest or potential conflict of interest, Luka Rados undertakes to immediately advise the affected client(s) and take the necessary steps to rectify any such conflict of interest or, if necessary, refuse the retainer or, if the conflict comes to light after the lawyer is retained, terminate the retainer and refund any funds in excess of payment for work already performed.
However, as the law has defined conflicts of interest, they can be highly technical in nature and, ironically, even unknown to the lawyer. If you are considering retaining Luka Rados, or have already retained the firm, and you become aware of or suspect that a conflict of interest exists, please immediately bring this to the attention of the lawyer.
All lawyers in Ontario are governed by the Rules of Professional Conduct drafted by their regulatory body, the Law Society of Ontario. The conflict of interest guidelines are set out in Rule 2 of the Rules of Professional Conduct which are available to be viewed at the Law Society’s website. Please consult these rules if you have any concern about a possible conflict of interest that the lawyer you are considering retaining may have or if you have any other concerns about the conduct of the lawyer.
We welcome your feedback. If you have questions or comments about the website, the legal notice or the firm’s privacy policy, please contact Luka Rados at 416.598.5250.
This Conflict of Interest Policy is effective October 24, 2023.