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: cpd@lsuc.on.ca 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;

TAB 3

Relevant Resources

March 2, 2017

Ethical Issues in Immigration and

Refugee Law

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: cdesloges@desloges.ca

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