ethical issues in - lsuc store · 2017-03-06 · powerpoint presentation arghavan gerami, barrister...
TRANSCRIPT
chairs
Chantal Desloges, C.S. Desloges Law Group
Negar Hashemi Department of Justice Canada
Ontario Regional Office
March 2, 2017
ETHICAL ISSUES IN Immigration and Refugee Law
*CLE17-0021000-a-pub*
DISCLAIMER: This work appears as part of The Law Society of Upper Canada’s initiatives in Continuing Professional Development (CPD). It provides information and various opinions to help legal professionals maintain and enhance their competence. It does not, however, represent or embody any official position of, or statement by, the Society, except where specifically indicated; nor does it attempt to set forth definitive practice standards or to provide legal advice. Precedents and other material contained herein should be used prudently, as nothing in the work relieves readers of their responsibility to assess the material in light of their own professional experience. No warranty is made with regards to this work. The Society can accept no responsibility for any errors or omissions, and expressly disclaims any such responsibility.
© 2017 All Rights Reserved
This compilation of collective works is copyrighted by The Law Society of Upper Canada. The individual documents remain the property of the original authors or their assignees.
The Law Society of Upper Canada 130 Queen Street West, Toronto, ON M5H 2N6Phone: 416-947-3315 or 1-800-668-7380 Ext. 3315Fax: 416-947-3991 E-mail: [email protected] www.lsuc.on.ca
Library and Archives Canada Cataloguing in Publication
Ethical Issues in Immigration and Refugee Law
ISBN 978-1-77345-000-1 (Hardcopy) ISBN 978-1-77345-001-8 (PDF)
1
Final February 27, 2017
Chairs: Chantal Desloges, C.S. Desloges Law Group Negar Hashemi, Counsel, Immigration Law
Division Ontario Regional Office, Department of Justice Canada
Speakers: Negar Achtari, Barrister & Solicitor
Robert Israel Blanshay, Barrister & Solicitor Tamrat Gebeyehu, Department of Justice Canada Arghavan Gerami, Barrister & Solicitor
March 2, 2017
4:00 p.m. to 6:00 p.m. Total CPD Hours = 2 h Professionalism
The Law Society of Upper Canada
130 Queen Street West Toronto, ON
SKU# CLE17- 00210
Agenda 4:00 p.m. – 4:05 p.m. Welcome and Opening Remarks 4:05 p.m. – 4:20 p.m. How Should You Respond Where Other Counsel
Demonstrate Professional Incompetence?
ETHICAL ISSUES IN
IMMIGRATION AND REFUGEE LAW
2
4:20 p.m. – 4:25 p.m. Questions and Answers 4:25 p.m. – 4:40 p.m. Incivility and Unprofessional Behaviour at the Tribunal Level 4:40 p.m. – 4:45 p.m. Questions and Answers 4:45 p.m. – 5:25 p.m. Avoiding Potential Liability Where Your Client Partially Self-Represents 5:25 p.m. – 5:35 p.m. Question and Answer Session 5:35 p.m. – 5:55 p.m. Managing Clients’ Expectations, Especially When Communicating Cross-Culturally or Through the Assistance of Agents or Interpreters 5:55 p.m. – 6:00 p.m. Question and Answer Session 6:00 p.m. Program Ends
March 2, 2017
SKU CLE17-00210
Table of Contents TAB 1 The Parameters of Civility Before Administrative Tribunals
PowerPoint Presentation Arghavan Gerami, Barrister and Solicitor
TAB 2 Relevant Provisions of the IRPA and Regulations for Disclosure of
Information Relating to Allegations of Professional or Ethical Misconduct Immigration and Refugee Act – (S.C. 2001, c. 27)
TAB 3 Relevant Resources
ETHICAL ISSUES IN IMMIGRATION AND
REFUGEE LAW
TAB 1
The Parameters of Civility Before Administrative Tribunals PowerPoint Presentation
Arghavan Gerami, Barrister and Solicitor
March 2, 2017
Ethical Issues in Immigration and
Refugee Law
The Parameters of Civility Before Administrative Tribunals
(such as the Immigration and Refugee Board)
“Ethical Issues in Immigration and Refugee Law”
March 2, 2017, LSUC, Toronto
Protocol for Tribunals Reporting Complaints Against Lawyers and Paralegals to the LSUC
• There is a protocol for making a complaint about Lawyer/paralegal misconduct or unprofessionalism: www.lsuc.on.ca/WorkArea/DownloadAsset.aspx?id=2147495649
• Tribunal adjudicators/Designated Persons may refer the complaint to the Chair of the Tribunal, advising the LSUC of the complaint and alleged misconduct
Protocol for Tribunals Reporting Complaints Against Lawyers and Paralegals to the LSUC
• The Tribunal Chair/Designated Person describes the lawyer or paralegal’s misconduct (or unauthorized legal services)
• Relevant materials from the record can be submitted (extracts of transcript, reasons by the Tribunal touching on misconduct, copies of other relevant documents).
Protocol for Reporting the Conduct of an IRB Board Member
• The Code of Conduct for Members of the IRB touches on areas such as integrity, bias, collegiality, expertise and communications:
http://www.irb-cisr.gc.ca/Eng/BoaCom/empl/Pages/MemComCode.aspx
• But the Code of Conduct does not refer to a complaint mechanism or protocol in case a Member is alleged to have breached the Code.
Perception v. Reality of Incivility and Professional Misconduct
• The LSUC deals with many cases of alleged misconduct and incivility where the lawyer may have clearly crossed the line.
• But there are also cases falling in a grey zone
• For example, where the Representative’s tone or expressions may seem to the Board Member to be aggressive or uncivil.
Perception v. Reality of Incivility and Professional Misconduct
• The representative may be objecting or persisting on a point in the midst of the hearing with a very strong or even aggressive tone.
• This may come across as a lacking in courtesy and/or unprofessional conduct.
• Other trigger points may also be at play such as issues with interpretation, or instances of real or perceived cultural or gender insensitivity.
Perception v. Reality of Incivility and Professional Misconduct
• Context becomes very important
• Delineating perception versus reality is the key to determining whether someone has in fact crossed the line and conducted himself/herself in an uncivil or unprofessional manner.
Parameters of Civility in the Context of a Tribunal such as the RPD
• Board Member’s assessment of the representative’s civility should be reconciled with the the representative’s duty to his/her client and ability to advance his/her interest
• The tribunal’s definition of incivility cannot be one-sided and narrowly focused on the representative without taking account of important contextual factors.
Parameters of Civility in the Context of a Tribunal such as the RPD
• For example, the Board Member may have displayed a lack of gender sensitivity, or otherwise engaged in inappropriate statements/conduct (racial or ethnocentric comments), resulting in a heated exchange between the parties and the Board Member.
• Difficult to determine what constitutes civility and professionalism in this context based on the tone and expression of the parties.
How should Lawyer Misconduct be Handled to avoid a Reasonable Apprehension of Bias?
• If the Board Member perceives an incivility issue at the hearing, this should be addressed very carefully to avoid an apprehension of bias.
• For example, if the Board Member states at the hearing in front of the client, “Counsel, I would like to remind you of your LSUC obligations” (or even worse, threatens to file a complaint against the lawyer), this may give rise to a reasonable apprehension of bias.
How Should Lawyer/Paralegal Misconduct be Handled to avoid a Reasonable Apprehension of Bias?
• According to the IRB Code of Conduct, Members are not to conduct themselves in a manner that will cast doubt on their objectivity.
• The prudent course of action may be for the Board Member to speak with the Representative about the issue in a case conference or if necessary in writing after the hearing.
• The record will speak for itself in any event and any allegations made can be defended with the benefit of t he audio recording and/or transcript.
Can there be too Much Civility: Chilling effect?
• If there is an over-emphasis of civility, to the point that lawyers feel they have to hold back in their advocacy, then this may reflect a chilling effect.
• For example, if representatives have to worry about the Board Member’s perceptions/feelings, and watch their tone in the hearing in an effort to avoid potential complaints to the LSUC, it is possible that (consciously or unconsciously) they hold back in their advocacy on behalf of the client.
How to Measure the Potential of a Chilling Effect?
• This would impact the rights and interests of clients, and the quality of their advocacy.
• Perhaps the LSUC should conduct a survey on this issue, posing a series of questions to determine the effectiveness of the civility discourse and whether it may have had an unintended effect (for example, do lawyers feel they have to hold back, let go of a point to avoid potential confrontation or accusation of incivility, etc.)?
How to Measure the Potential of a Chilling Effect?
• The concerns with civility over the recent years may have had a subtle or more pronounced effect on the conduct of lawyers, but also on their thought processes and performance in the Courtroom and before tribunals.
• It would assist the profession and the public to have some objective data and information in this area, which can also inform potential future amendments to the LSUC.
Fine-tuning the Definition of incivility?
• Forceful advocacy can sometime be perceived as lacking civility because of the lawyer’s tone, expression, etc. and not necessarily because of the words spoken.
• This is the grey zone of perceived incivility.
• Perhaps the definition of incivility needs to be fine-tuned and professional conduct more carefully conceptualized?
Fine-tuning the Definition of incivility?
• Can the civility concept be more specifically defined?
• A finding of incivility is both fact-dependent and discretionary, but at the same time the profession may need a better understanding of where the line should be drawn so that lawyers can conduct themselves accordingly.
TAB 2
Relevant Provisions of the IRPA and Regulations for Disclosure
of Information Relating to Allegations of Professional
or Ethical Misconduct
Immigration and Refugee Act – (S.C. 2001, c. 27)
March 2, 2017
Ethical Issues in Immigration and
Refugee Law
RELEVANT PROVISIONS OF THE IRPA AND REGULATIONS FOR
DISCLOSURE OF INFORMATION RELATING TO ALLEGATIONS OF
PROFESSIONAL OR ETHICAL MISCONDUCT
Immigration and Refugee Act - (S.C. 2001, c. 27):
Representation or advice for consideration
91 (1) Subject to this section, no person shall knowingly, directly or
indirectly, represent or advise a person for consideration — or offer to do so — in
connection with the submission of an expression of interest under subsection
10.1(3) or a proceeding or application under this Act.
2) A person does not contravene subsection (1) if they are
(a) a lawyer who is a member in good standing of a law society of
a province or a notary who is a member in good standing of the Chambre
des notaires du Québec;
(b) any other member in good standing of a law society of a
province or the Chambre des notaires du Québec, including a paralegal; or
(c) a member in good standing of a body designated under subsection (5).
Sharing of Information
150.1 (1) The regulations may provide for any matter relating to:
(c) the disclosure of information relating to the professional or ethical conduct of a person
referred to in any of paragraphs 91(2)(a) to (c) in connection with a proceeding — other
than a proceeding before a superior court — or application under this Act to a body that
is responsible for governing or investigating that conduct or to a person who is
responsible for investigating that conduct, for the purposes of ensuring that persons
referred to in those paragraphs offer and provide professional and ethical representation
and advice to persons in connection with such proceedings and applications;
Immigration and Refugee Protection Regulations - SOR/2002-227:
Authorized disclosure
13.1 If a member of the Board or an officer determines that the conduct of a person
referred to in any of paragraphs 91(2)(a) to (c) of the Act in connection with a proceeding
— other than a proceeding before a superior court — or application under the Act is
likely to constitute a breach of the person’s professional or ethical obligations, the
Department, the Canada Border Services Agency or the Board, as the case may be, may
disclose the following information to a body that is responsible for governing or
investigating that conduct or to a person who is responsible for investigating that
conduct:
(a) any information referred to in paragraphs 10(2)(c.1) to (c.3); and
(b) any information relating to that conduct, but — in the case of any
information that could identify any other person — only to the extent necessary
for the complete disclosure of that conduct.
SOR/2012-77, s. 1.
Form and content of application
10 (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application
under these Regulations shall
(a) be made in writing using the form provided by the Department,
if any;
(b) be signed by the applicant;
(c) include all information and documents required by these
Regulations, as well as any other evidence required by the Act;
(d) be accompanied by evidence of payment of the applicable fee,
if any, set out in these Regulations; and
(e) if there is an accompanying spouse or common-law partner,
identify who is the principal applicant and who is the accompanying
spouse or common-law partner.
Required information (2) The application shall, unless otherwise provided by these Regulations,
(a) contain the name, birth date, address, nationality and
immigration status of the applicant and of all family members of the
applicant, whether accompanying or not, and a statement whether the
applicant or any of the family members is the spouse, common-law partner
or conjugal partner of another person;
(b) indicate whether they are applying for a visa, permit or
authorization;
(c) indicate the class prescribed by these Regulations for which the
application is made;
(c.1) if the applicant is represented in connection with the
application, include the name, postal address and telephone number, and
fax number and electronic mail address, if any, of any person or entity —
or a person acting on its behalf — representing the applicant;
(c.2) if the applicant is represented, for consideration in connection
with the application, by a person referred to in any of paragraphs 91(2)(a)
to (c) of the Act, include the name of the body of which the person is a
member and their membership identification number;
(c.3) if the applicant has been advised, for consideration in connection
with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the
Act, include the information referred to in paragraphs (c.1) and (c.2) with respect to that
person;
Relevant Resources
Policy on Disclosing Information Regarding the Conduct of Authorized
Representatives to Regulatory Bodies
http://www.irb-cisr.gc.ca/Eng/BoaCom/references/pol/pol/Pages/PolCondRep.aspx
Code of Conduct for Members of the Immigration and Refugee Board of Canada
http://www.irb-cisr.gc.ca/Eng/BoaCom/empl/Pages/MemComCode.aspx
PROTOCOL FOR TRIBUNALS REPORTING COMPLAINTS AGAINST LAWYERS AND
LICENSED PARALEGALS TO THE LAW SOCIETY OF UPPER CANADA
December 2012
Introduction
1. Administrative tribunals have the statutory authority to control their own processes and to
address the behaviour of lawyers and licensed paralegals who represent parties appearing
before them. Some may even have powers to sanction conduct in a manner roughly
analogous to the exercise of a judicial contempt power.
2. Lawyer or paralegal misconduct, such as incivility and unprofessionalism in the context of a
tribunal proceeding, may also be the subject of a complaint best addressed by the Law
Society as regulator of the legal professions. The Law Society also receives and addresses
complaints about unauthorized practice / unauthorized provision of legal services.
3. The intention of this protocol is to create a coordinated process for bringing complaints to the
attention of the Law Society, for tribunals that wish to adopt such a process. It is expected
that the protocol will also improve communications between the Law Society and Tribunals.
The Protocol
1. Any person may make a complaint to the Law Society about misconduct or conduct
unbecoming involving a lawyer or licensed paralegal, or about unauthorized practice or
unauthorized provision of legal services (UAP) by a non-licensee. This protocol addresses
situations in which a tribunal prefers to develop a standard process for making complaints to
the Law Society. In such situations, complaints about lawyer or paralegal misconduct or
UAP from a tribunal may be referred by tribunal adjudicators and staff to the Executive Chair
or Chair of the Tribunal, or such other person as he or she may designate for this purpose
(e.g., an Associate Chair, a tribunal’s General Counsel, Registrar, Chief Executive Officer,
etc.).
2. The tribunal shall notify the Law Society of the name and title of the individual responsible
for dealing with the Law Society on regulatory complaint matters. This will enable the Law
Society to maintain an active contact list, when addressing complaints involving tribunals.
3. The Tribunal Chair or other person designated for this purpose shall advise the Law Society
of the complaint regarding the alleged misconduct or UAP and shall be considered the
Complainant.
2
4. The Complainant provides a description of the lawyer or paralegal’s conduct or alleged UAP
together with any relevant materials from the record including extracts of the relevant
portions of any transcript. In addition, the Complainant may supply other relevant
information, including reasons by a tribunal adjudicator touching on the misconduct, copies
of any written submissions or other relevant documents and the names of any witnesses who
may be of assistance should be provided.
5. Depending on the nature of the complaint, the Law Society may seek additional information
and documentation regarding the complaint from the Complainant.
6. In some circumstances, it may be necessary for the Law Society to seek to interview a
tribunal adjudicator or staff member regarding a complaint of which he or she has
knowledge. In such circumstances, the Law Society will request an interview by contacting
the Complainant.
7. The Law Society encourages all Complainants to use the Complaints Help Form, which is
available at www.lsuc.on.ca and may also be obtained from Complaints Services. A Tribunal
complaint is identified as an adjudicative complaint and managed pursuant to this protocol.
8. Where a complaint from any source is considered to be of a regulatory nature, it will be
assigned to Complaints Resolution or Investigations depending on the nature of the
allegations, the licensee’s past history and any other current opened files.
9. The Law Society will provide the Complainant and the tribunal adjudicator or other source of
a complaint with periodic status reports as to the progress of the matter and its eventual
disposition. Not all regulatory matters have a public disposition. Where a complaint is
resolved without a public disposition, the Complainant and the tribunal adjudicator or other
source of a complaint will nonetheless be advised as to the basis on which the matter has
been closed. Where a matter is authorized for formal discipline or a regulatory meeting, the
Complainant and the tribunal adjudicator or other source of a complaint will be advised as to
the time and date of the hearing or regulatory meeting in the event a representative of the
tribunal wishes to be in attendance.
3
APPENDIX TO THE TRIBUNAL COMPLAINTS PROTOCOL
How the Law Society Handles Complaints
The Mandate: Regardless of source, the Law Society opens files on all issues of professional
misconduct, conduct unbecoming or licensee incapacity that come to its attention. In assessing
and dealing with complaints the Law Society must determine what is in the public interest and
also what serves the administration of justice. Complainants are not parties per se, but they are
important stakeholders and vital sources of information to assist the Law Society in carrying out
its regulatory mandate.
Screening for Jurisdiction: Complaints are initially screened to determine if they are within the
Law Society’s jurisdiction. For instance, the Law Society generally does not deal with issues
involving professional negligence or disputes regarding fees.
Intake and Substantiation: Complaints within jurisdiction are assigned to the Law Society’s
Intake Department. Intake attempts to substantiate complaints, usually by obtaining additional
information from the complainant or other source of information. Once a complaint has been
substantiated, the Director of Professional Regulation or her designate will be asked to instruct a
formal investigation. This instruction enables the Law Society to use specific investigative
powers that are given to it under the Law Society Act.
Mentoring: Occasionally, either at the suggestion of a complainant (such as a member of the
judiciary or a Tribunal) or on the Law Society’s own initiative, a licensee may be referred for
mentoring. Mentoring is considered a diversion from the Law Society’s regulatory stream. Both
the mentor and the licensee must consent to the referral. Mentoring is only available as an
alternative to regulatory processes when it serves the public interest and does not place the
public, including clients of the licensee, at risk.
Complaints Resolution: Apart from those that qualify for mentoring, complaints that raise less
serious regulatory issues (for instance, failure to serve or to follow a client’s instructions) will be
streamed to the Complaints Resolution department for investigation and possible resolution.
This may require staff to obtain additional information from the complainant and other
individuals with knowledge of the case, as well as the licensee. Provided the licensee is
cooperative, available outcomes include closure of the file, closure with a staff letter of advice,
transfer to the Investigations department or possibly an Invitation to Attend (which is entirely
private) or Regulatory Meeting (which is private but with a published summary). These are
informal and non-disciplinary corrective measures authorized and conducted by Law Society
benchers. Where the licensee is not cooperative, the Law Society may seek permission from the
benchers to initiate a summary hearing to address the failure to cooperate.
Investigations: Complaints that raise more serious regulatory issues (for instance,
misappropriation or fraud) will be streamed or transferred to the Investigations Department.
Investigators will use various means to gather oral and written evidence that will be evaluated
and may be used in subsequent discipline proceedings. Files in Investigations may be closed if
the evidence does not warrant further proceedings, or they may result in letters of advice, or they
may be subject to Invitations to Attend or Regulatory Meetings, as discussed above.
Discipline: Where an Investigation has revealed sufficient evidence of serious misconduct, staff
will recommend to a committee of benchers that formal discipline proceedings be authorized.
4
Discipline is then initiated by Notice of Application and formal hearings are conducted, usually
in public, before a three-member panel composed of benchers or a combination of benchers and
non-bencher adjudicators. Hearings are conduct pursuant to the Statutory Powers Procedures Act
and the Rules of Practice and Procedure adopted by the Law Society. Approximately 150 new
hearings are commenced each year, in comparison to about 5000 complaints.
Discipline Outcomes: If a licensee is found guilty of professional misconduct or conduct
unbecoming, the Discipline Hearing Panel may impose a penalty ranging from a reprimand, to a
suspension, to revocation (formerly disbarment) or permission to surrender a licence (formerly
permission to resign). The Panel may also order restitution, fines and/or payment of the Law
Society’s costs, pursuant to the Act.
The Discipline process is also used to address issues of incapacity, and to ensure that lawyers or
paralegals with mental health or substance abuse issues affecting their ability to provide legal
services or practise law receive appropriate treatment, while not placing clients or other members
of the public at risk. In some instances, this will require voluntary or involuntary withdrawal
from, or restrictions on, practice until the risk is fully addressed.
Confidentiality: Under the Law Society Act, most Law Society regulatory activity is required to
be kept strictly confidential and private, in part because it may involve privileged and/or
confidential client information. Once a regulatory matter is authorized for a Discipline
prosecution, however, it becomes public, subject to whatever safeguards are necessary and
appropriate to protect the privacy of clients and others.
Unauthorized Practice / Unauthorized Provision of Legal Services: The Law Society has the
statutory mandate to help ensure that only those who are qualified practise law or provide legal
services. Complaints about alleged UAP are addressed at first instance by staff. The aim is to
stop behaviour that places the public at risk. Under the Law Society Act, someone who has
engaged in UAP may be prosecuted in Provincial Offences Court or may be the subject of an
application for an injunction, with the possibility of future contempt proceedings if the UAP
persists or recurs.
Client’s Initials:_______
AGREEMENT FOR LEGAL SERVICES
DESLOGES LAW GROUP PROFESSIONAL CORPORATION
69 Yonge St. Suite 700
Toronto, Ontario, Canada M5E 1K3
Telephone: (647) 776-7500
Fax: (647) 260-0278
Email: [email protected]
Website: www.chantaldesloges.ca
1. I, XXX (the ‘Client’ or ‘you’), a resident of XXX, [COUNTRY] hereby agree to enter into this agreement to
retain Desloges Law Group Professional Corporation, (‘DLG’ or ‘we’) as my legal counsel with respect to the
mandate set forth below and in accordance with the terms and conditions of this Agreement for Legal Services
(‘Agreement’).
OUR MANDATE AND YOUR RESPONSIBILITIES
2. DLG agrees to provide you and your dependents (if applicable) with legal services in connection with your XXX
(‘Mandate’). We are not providing legal advice or services except as described here. We would be pleased to
advise you on other matters for an additional fee which shall be negotiated in a separate Agreement for Legal
Services.
3. We will provide you with the legal services which in our professional judgment are reasonably necessary and
appropriate to carry out the Mandate.
4. You agree to provide us with the information we request of you in a timely manner and all information you
provide to us must be truthful and accurate. Any inaccuracies with respect to your information may negatively
affect our ability to conduct the work necessary to complete the Mandate as well as your ability to obtain
permanent residence status and even citizenship for you and your family members.
5. You agree to provide DLG with all communication received from the Canadian or provincial governments which
are relevant to your case in a timely manner. It is in your best interest to make all communications with Canadian
government authorities exclusively through DLG. You also agree to inform DLG of all changes relating to your
personal information or the personal information of your dependents in a timely manner. If you fail to keep us
informed about changes to your personal information, or communications received from the government, it could
lead to unforeseen consequences for which we will not be liable.
6. You agree to pay all fees and disbursements due and owing in full before we will release any visas or permits
issued to you, your family members or dependents that we obtain as a result of the work we complete as part of
the Mandate.
7. The terms and conditions of this Agreement shall only apply to those dependents who we have agreed to process
their applications along with yours.
FEES AND DISBURSEMENTS
8. Our lawyer’s fee for the work required to complete the Mandate is CAD $XXX.00 + GST/HST and applicable
government processing fees and disbursements:
#/ Type of government processing fee Amount
For each person over the age of 19 (PR application) $550
Client’s Initials:_______
For each dependent under the age of 19 (PR application) $150
Right of Permanent Residence Fee (PR application) $490
Grant of Citizenship Adult/Child $300/100
PR card renewal fee $50
Work Permit application fee $155
(group of performing artists $465)
TRP application fee $200
Study Permit application fee $150
Temporary Residence visa application fee (single or multiple entry) $100
(family rate $500)
Biometrics fee $85
Extension of visitor’s record fee $100
Open Work Permit Holder fee $100
These fees are non-refundable for any reason whatsoever, including your change of plans and withdrawal
of representation and are payable in the following manner (see Schedule A for Third Party payor agreement
if applicable):
a) Initial Retainer Instalment of $XXX + GST/HST + $75 File admin fee etc… to be paid by you and
deposited in trust at the time of signing this Agreement. You will be invoiced this amount immediately
after we provide you with the forms, customized instructions and list of documents required for your
application;
b) Second Instalment of [$XXX + GST/HST and applicable non-refundable government processing fees to
be paid by you and deposited in trust when you provide us with the requisite draft application forms and
supporting documents. You will be invoiced as work is done by DLG and as disbursements are incurred on
your file.
c) Third Instalment of [$XXX+GST/HST + … = XXXX.XX] to be paid by you and deposited in trust
before we submit your application package; and
d) If applicable, a Right of Permanent Residence Fee of $490 per person over the age of 22 which is due
and payable when we receive the positive decision. You will be invoiced this amount immediately upon
receipt of the approval.
It should be noted that if you do not pay the retainer instalment for each stage of the
work on your file as agreed to in section 8, we will stop work on your file until we
receive that payment.
We reserve the right to revisit this fee schedule on short notice if an issue arises
which complicates your file and requires more of our resources than is average or
foreseen, which includes your failure to follow our instructions or requests for
documents and information required to do the work you have hired us to do.
As per LSUC rules, we are not permitted to accept a single cash payment of more
than $7500 from a client.
9. In addition to the fees quoted above, you agree to pay administrative fees and to reimburse us for all
disbursements incurred by us in order to complete the Mandate. Administrative Fees and disbursements will be
invoiced to you at the appropriate time and are due and payable to us or the service provider immediately. These
administrative fees and disbursements are non-refundable and include, but are not limited to, the following:
a) File administration fee of $75 (includes digital archiving of your file for up to 7 years after closing);
Client’s Initials:_______
b) LSUC Civil Litigation Transaction Levy of $50 + HST for Judicial Review applications;
c) Courier and postage fees;
d) Photocopying, printing and binding fees including but not limited to Court documents (if applicable);
and
e) Translation fees (if applicable).
ADDITIONAL FEES AND SERVICES
10. In the rare circumstance that we determine that it is in your best interest to retain an expert in order to complete
the Mandate, we will advise of this requirement. Therefore you may be required to hire an expert and you agree
to pay all fees and associated costs, in accordance with their terms and conditions.
11. We may be required to make representations to Medical Services at Citizenship & Immigration Canada
concerning medical report(s). However, if an issue of medical inadmissibility arises and additional submissions
are required, we will notify you and apply an additional fee to complete this additional work.
12. We may be required to make representations to Citizenship & Immigration Canada or to the relevant agencies on
matters concerning criminal or security checks. However, if an issue of criminal inadmissibility arises and
additional submissions are required, we will notify you and apply an additional fee to complete this additional
work.
13. All additional services that do not fall within the scope of the Mandate, including but not limited to requests for
visitor’s visas, work or study permits, H & C submissions and updates, substituted evaluation requests, police
clearances, Access to Information under the Privacy Act, etc. will be subject to additional fees which shall be
negotiated and agreed to in a separate agreement.
NO GUARANTEE AND TIME FRAME
14. The Fees paid to us do not guarantee a favourable result, nor have any representations been made by us that a
favourable result is guaranteed. The fees agreed to in this Agreement are for the professional work of the law
office, and are established based on the knowledge, expertise and time investment of the lawyer and staff.
15. We cannot guarantee the time frame for the processing of your matter by the authorities as it is totally dependent
upon factors that are beyond our control. We may at the appropriate times based on our professional judgment
and experience obtain status updates from the authorities which we will communicate to you. If immigration
laws or policies change during the course of our representation of you, whether before or after we file your case,
such that you no longer qualify, you will be invoiced for work done up to that point, but nothing further.
TERMINATION
16. You may terminate this Agreement us for any reason prior to the completion of the Mandate by giving us written
notice to that effect. On such termination, all unpaid fees and disbursements will become due and payable. You
will be invoiced for all work completed to date, a file administration fee and all disbursements incurred to date.
17. Subject to our professional and ethical obligations, we may terminate this Agreement and our legal
representation of you prior to the completion of the Mandate for any reason, including as a result of conflicts of
interest that arise or unpaid accounts. In such an event, all unpaid fees and disbursements will become due and
payable. You will be charged for work completed to date, a file administrative fees and all disbursements
incurred to date, but nothing further.
18. Unless this Agreement has been previously terminated, our representation of you will cease upon the completion
of the Mandate. If, upon termination of this Agreement or completion of the Mandate, you wish to have any
documentation returned to you, please advise us at that time and without delay. Otherwise, any documentation
provided to us and the work product completed for you will be dealt with in accordance with our records
Client’s Initials:_______
retention policies and practices. If you have any concerns about this, please alert us. Absent any written
agreement with you to the contrary, we are free to retain or destroy the records we possess with respect to this
Agreement and the Mandate as we determine to be appropriate and in accordance with applicable laws.
19. We may terminate our legal representation of you if we discover at any time that you have given untruthful,
misleading or false information to us or the Canadian or provincial government. In such a case, you will be liable
to pay all applicable legal fees and disbursements.
20. The fact that we may subsequently send you information on legal developments without charge or that we may
include you in general mailings will not change the fact that this Agreement has been terminated.
ELECTRONIC COMMUNICATION
21. We may exchange electronic versions of documents and e-mails using commercially available software.
Unfortunately, this available technology is vulnerable to attack by viruses and other destructive electronic
programs. As a result, while we have sought to take countermeasures, our system may occasionally reject a
communication you send to us, or we may send you something that is rejected by your system. Accordingly, we
cannot guarantee that all communications and documents will always be received, or that such communications
and documents will always be virus free, and we make no warranty with respect to any electronic
communications between us. In addition, we make no warranty with respect to the security of an electronic
communication between us and you consent to our exchange of electronic communications, including
confidential documents, unencrypted.
22. Based on industry standards and current processing times for this type of application, we reserve the exclusive
right to determine when and how often to make status inquiries on your case. Should you wish us to do this more
frequently than is necessary in our professional judgment, there may be extra costs associated with it.
PRIVACY AND CONFIDENTIALITY
23. In the course of acting for you, you may provide us personal information that is subject to applicable privacy
protection laws. On your behalf we will collect, use or disclose this personal information for the sole purpose of
completing the Mandate for you in accordance with our Privacy Policy. A copy of our Privacy Policy is available
upon request.
IDENTIFICATION OF POTENTIAL CONFLICTS AND MULTIPLE REPRESENTATION
24. We undertake not to take on any mandate that would create a substantial risk that our representation of you on
this matter would be materially or adversely affected (a “conflicting interest”).
25. We have conducted a review of our records and we have not identified a conflicting interest in representing you
in this matter. If we later discover one, we will advise you promptly.
26. You agree to advise use immediately if there are names that we should search in connection with this matter or if
there are any changes or additions to these names in the future. We are relying on you to let us know of any
parties who become involved in this matter, including any parties whose interests may be adverse to yours.
27. You acknowledge and agree that DLG may be representing multiple clients who are members of the same family
(i.e. spouses, dependents, employer and employees) with apparent same interest within the scope of the Mandate
and this Agreement. We have discussed the principles we must follow of undivided loyalty and specifically that
no information received from one client in the application can be treated as confidential from another client. If
we should receive information from one client and they instruct DLG to keep it confidential from another client
involved in the same case, we may have to terminate our representation of all the clients under this Agreement.
Client’s Initials:_______
STAFFING
28. We may at our sole discretion, when we deem appropriate involve our staff, including articling students and
legal assistants to carry out work relating to the Mandate under the supervision of a lawyer. We may also from
time to time contract the services of another lawyer to assist in the matter if necessary.
COMPLAINTS
29. In case you have any complaints regarding the legal services provided by Desloges Law Group Professional
Corporation you can contact:
The Law Society of Upper Canada, Discipline Committee
Osgoode Hall, 130 Queen Street West
Toronto, Ontario M5H 2T6
GOVERNING LAW
30. This Agreement is governed by the laws of the province of Ontario and the federal laws of Canada. Any dispute
between us will be dealt with exclusively in the courts of Ontario.
____________________________
Chantal Desloges, LL.B. Date:
Barrister & Solicitor
Certified by the Law Society as a Specialist in Immigration Law
Certified by the Law Society as a Specialist in Refugee Protection Law
I/WE HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, HAVING ASKED FOR
AN EXPLANATION FOR EACH TERM AND HEREBY ACKNOWLEDGE AND AGREE TO THE
TEMRS OF THIS AGREEMENT FOR LEGAL SERVICES, AS SET FORTH ABOVE.
Client’s Signature: __________________ Spouse’s Signature:_________________
Name: [ ] Name: [ ]
Date: Date: _____________________
Residential Address:
_______________________
_______________________
_______________________
_______________________
Client’s Initials:_______
SCHEDULE A
THIRD PARTY PAYOR CONDITIONS
I, [INSERT THIRD PARTY NAME HERE], acknowledge that I have agreed to pay all fees as set out in this
Agreement, on behalf of the client, [INSERT CLIENT NAME HERE].
I understand that I am not a client of DLG, but rather [INSERT CLIENT NAME HERE] is the client.
I understand that the client's matter is confidential and that no information will be released to me unless the
client consents to the disclosure.
I understand that DLG’s obligations are to the client if a dispute arises between the client and myself.
I understand that DLG requires the client's advance instructions regarding the refund of any unused portion of
any retainer fee paid by me.
Signature of Third Party Date
Signature of Client Date