(hereafter referred to as “CLIENT”)
AND
FWCANADA Inc., a federally registered corporation, having its head office at 6600 Boulevard Decarie Suite 140, Montreal, Quebec H3X 2K4, herein represented on her own account by Attorney Marisa Feil
(hereafter referred to as “the LAW FIRM”)
PREAMBLE:
The CLIENT hereby agrees to retain the LAW FIRM to provide legal counsel and assistance with regard to their Refugee Claim and the LAW FIRM does hereby agree to provide such services, the whole subject to the following terms and conditions.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
- ENGAGEMENT OF THE LAW FRIM
The CLIENT hereby agrees to engage the LAW FIRM in order to assist him or her with preparing and pursuing of a single application for Canadian Refugee status, subject to the terms and conditions set forth below.
The LAW FIRM shall provide assistance exclusively from Canada. The LAW FIRM shall use its reasonable professional efforts to assist the CLIENT and fulfill its obligations under this Retainer Agreement. The CLIENT hereby acknowledges that the LAW FIRM has no control over the processing times or the actions or decisions of the Canadian immigration authorities and/or any individuals or organizations not related to the LAW FIRM.
The LAW FIRM shall provide services under the terms of this Retainer Agreement till the final disposition of the submitted APPLICATION by the Canadian immigration authorities. However, the CLIENT acknowledges that the LAW FIRM will not be required to continue providing services under this Retainer Agreement if, through no fault of the LAW FIRM, the APPLICATION is not submitted to the Canadian immigration authorities within six (6) months of the execution of this Retainer Agreement.
- DUTIES OF THE LAW FIRM
The LAW FIRM shall be responsible for the performance of the following duties:
Guide the client in preparing their Basis of Claim (BOC) form and other required documents.
Provide legal advice on the refugee claim process, including eligibility and supporting evidence.
Assist in gathering and organizing relevant documents for submission.
Represent the client before the Immigration and Refugee Board (IRB) during hearings.
Communicate with the client regarding the progress of their case and any necessary legal actions.
Maintain confidentiality and act in the client’s best interest within the limits of the law.
Advise the client on any additional legal steps, such as appeals or permanent residence applications, if applicable (not included in this mandate).
Track the CLIENT’s APPLICATION with the Canadian immigration authorities;
Make additional written and/or oral representations to the Canadian immigration authorities, as necessary.
- DUTIES OF THE CLIENT
The CLIENT shall:
Provide complete, accurate, and truthful information regarding their refugee claim.Submit all requested documents in a timely manner to avoid delays in processing.Attend all scheduled meetings, hearings, and consultations as required.Inform the lawyer of any changes in contact information or circumstances that may affect their claim.Make all required payments according to the fee schedule outlined below.Understand that no refunds will be provided if the client withdraws from the process or if the claim is denied.
Provide sufficient documentation to support all qualifications claimed, as advised by the LAW FIRM and/or required by the Canadian immigration authorities; the CLIENT hereby acknowledges that providing false or misleading information may result in being banned from Canada for a period of five (5) years; the CLIENT further acknowledges that the LAW FIRM cannot guarantee that the CLIENT’s documentation will be returned to the CLIENT;
Demonstrate possession of sufficient unencumbered funds so as to be able to support the CLIENT and his/her dependents upon their arrival in Canada, in accordance with the norms and guidelines established by Canadian immigration authorities;
Immediately advise the LAW FIRM of any and all written, electronic or telephone communication received by the CLIENT from Canadian immigration authorities;
Attend all interviews if called upon to do so by Canadian immigration authorities. The CLIENT is responsible for making all necessary travel arrangements at his or her own expense;
Pay the fees required by the Canadian immigration authorities for the handling and processing of the APPLICATION and for any required medical examinations, the evaluation of language ability and the evaluation of professional, vocational and educational qualifications by the appropriate authorities, as well as for the translations in the format required by Canadian immigration authorities, if and when applicable;
Pay to the LAW FIRM “In Trust” all of the fees payable to the LAW FIRM, as set forth in the section the FEES. The CLIENT expressly agrees that it is the CLIENT’s entire responsibility to ensure that the said fees arrive in full, in the designated currency, including any applicable taxes, at the LAW FIRM’s principal place of business in Montreal, Canada.
- FEES
The client agrees to pay a total fee of $5,000 plus applicable taxes, in addition to any disbursements, as follows:
A. Initial Preparation Fees – $2,500 plus tax
- $1,250 plus tax to open the file and begin guiding the client in preparing their BOC form and refugee claim forms online.
- $1,250 plus tax upon submission of the IRCC forms and/or BOC form.
B. Hearing Preparation and Representation Fees – $2,500 plus tax
- $1,250 plus tax for initial guidance on collecting documents and preparing for the hearing. This is due when a hearing date is assigned or when hearing documents must be submitted.
- $1,250 plus tax for attending the hearing and providing legal representation until a final decision is made on the refugee claim.
C. Additional Fees
- Family Members: If multiple family members are included in the same refugee claim, additional fees may apply for preparing forms and documents.
- Complex Cases: If the case is particularly complex or if the Minister of Immigration intervenes, additional fees may be required. These fees will be determined based on case complexity.
- Exclusions: This mandate does not cover appeals in the event of a negative decision or applications for permanent residence.
There are no refunds for any amounts paid, regardless of the outcome of the claim or if the client chooses not to proceed.
The CLIENT authorizes the LAW FIRM to release each ensuing installment of the LAW FIRM FEES from the LAW FIRM’s trust account at the end of the month the payment was made.
The CLIENT expressly recognizes that only the LAW FIRM is authorized to issue receipt(s) for payment of the LAW FIRM’s FEES and that the said receipt(s) will only be issued upon the reception of the LAW FIRM’s FEES by the LAW FIRM as herein set forth.
The CLIENT expressly recognizes that the FEES quoted above are for the preparation, submission and tracking of the APPLICATION only, according to the terms of this Retainer Agreement. The CLIENT acknowledges that additional the FEES may be applicable if the client’s civil status or family composition changes after the APPLICATION has been submitted to the Canadian immigration authorities.
These fees are not refundable.
- INTERPRETATION
(i). This contract shall be governed by the laws in effect in the Province of Quebec,
Canada.
(ii). As the context may require, the singular shall include the plural and vice versa; words
importing the masculine shall include the feminine gender and vice versa.
(iii). This Agreement can be executed by one or more of the parties hereto in any number
of counterparts, each of which shall be deemed to be an original, but all such
counterparts shall together constitute one and the same instrument.
(iv). The parties acknowledge that they have requested that the foregoing be drawn up in
the English language; Les parties reconnaissent qu’elles ont exigé que ce qui précède
soit rédigé en la langue anglaise.
The CLIENT agrees that the receipt of instructions, guides, emails and telephone calls or a
combination of the aforementioned constitutes the receipt of services from the ATTORNEY.
