By and Between

THE CLIENT

AND:

CAMPBELL COHEN, a nominal partnership of Attorneys, having its head office at 1980 Sherbrooke St. West, Suite 800, Montreal, Quebec, Canada, H3H 1E8 Canada, herein represented on his own account by David Cohen

{hereinafter referred to as the "ATTORNEY"}

PREAMBLE:

The CLIENT hereby agrees to retain the ATTORNEY to provide legal counsel and assistance in connection with the preparation, submission and update of a single Expression of Interest (EOI) under the Manitoba Provincial Nominee Program (MPNP) Skilled Worker Overseas stream and, if Letter of Advice to Apply (LAA) is received by the CLIENT, provide legal counsel and assistance to the CLIENT in his or her efforts to obtain the Provincial Nomination under the MPNP Skilled Worker Overseas stream and, if the CLIENT receives Provincial Nomination under the MPNP Skilled Worker Overseas stream, provide legal counsel and assistance to the CLIENT in his or her efforts to obtain a Canadian Permanent Resident Visa, and the ATTORNEY does hereby agree to provide such services, the ENTIRE subject to the following terms and conditions.

NOW THEREFORE IT IS AGREED AS FOLLOWS:

  1. ENGAGEMENT OF ATTORNEY

The CLIENT hereby agrees to engage the ATTORNEY in order to assist him or her with preparation, submission and update of:

1.1 a single EOI under the MPNP Skilled Worker Overseas stream and, if the CLIENT receives a Letter of Advice to Apply (LAA);

1.2 a single application (the NOMINATION APPLICATION) for Provincial Nomination under the MPNP Skilled Worker Overseas stream, as per the currently published requirements, which shall include any eligible dependents at the time the EOI is submitted and, if the CLIENT receives Provincial Nomination under the MPNP Skilled Worker Overseas stream;

1.3   a single application for permanent residence in Canada (the VISA APPLICATION), which shall include any eligible dependents at the time the application for permanent residence in Canada is submitted.

The NOMINATION APPLICATION and the VISA APPLICATION shall collectively be referred to in this Contract as the ENTIRE APPLICATION. Assistance with the ENTIRE APPLICATION shall be provided by the ATTORNEY exclusively from Canada.

The ATTORNEY shall use his best efforts to assist the CLIENT and fulfill his obligations under this Contract, and the CLIENT expressly acknowledges that the ATTORNEY cannot guarantee that a LAA and Provincial Nomination will be received by the CLIENT. The CLIENT further acknowledges that the ATTORNEY has no control over the processing times of the ENTIRE APPLICATION and/or the continued availability of the MPNP Skilled Worker Overseas stream, the decisions and actions of the Immigration Authorities of the Province of Manitoba, and/or of the Federal Government of Canada (collectively, the “Immigration Authorities”), and/or any other third parties.

The ATTORNEY shall provide services under the terms of this Contract until the final disposition of the submitted VISA APPLICATION by Immigration Authorities. However, the CLIENT acknowledges that the ATTORNEY will not be required to continue providing services under this Contract if, through no fault of the ATTORNEY, the EOI and the NOMINATION APPLICATION cannot be submitted to the appropriate Immigration Authorities within one (1) year of the execution of this Contract.

  1. DUTIES OF THE ATTORNEY

The ATTORNEY shall be responsible for the performance of the following duties:

(i). Review the CLIENT's qualifications, and advise the CLIENT on how to improve the CLIENT’s eligibility under the MPNP Skilled Worker Overseas stream, if applicable;

(ii). Assist the CLIENT in the preparation of the EOI under the MPNP Skilled Worker Overseas stream and advise the CLIENT about the necessary documents required to complete the EOI  under the MPNP Skilled Worker Overseas stream;

(iii). Review the required documents and submit the CLIENT’s EOI under the MPNP Skilled Worker Overseas stream to the Manitoba Immigration Authorities;

(iv). Assist the CLIENT with any necessary updates to the EOI under the MPNP Skilled Worker Overseas stream;

(v). Assist the CLIENT in the preparation of the provincial and federal immigration application forms required for the ENTIRE APPLICATION, if applicable;

(vi). Advise the CLIENT about the necessary evidence required that best represents the CLIENT's qualifications, including but not limited to language proficiency, work experience, education and training, and civil status, as per requirements of the Immigration Authorities;

(vii). Advise the CLIENT about the appropriate government processing fees required in support of the ENTIRE APPLICATION;

(viii). Review the CLIENT’s ENTIRE APPLICATION and supporting documents prior to submission to the appropriate Immigration Authorities;

(ix). Submit the CLIENT's ENTIRE APPLICATION electronically to the appropriate Immigration Authorities and, if necessary, submit the CLIENT's additional supporting documentation, at the CLIENT’s expense, to the appropriate Immigration Offices and verify their arrival;

(x). Track the CLIENT's ENTIRE APPLICATION with the Immigration Authorities during the term of this Contract;

  1. DUTIES OF THE CLIENT

The CLIENT shall:

(i).  Provide valid contact information, including email, telephone, and mailing address, to the ATTORNEY, at all times during the validity of this Contract, and immediately notify the ATTORNEY of any changes in contact information;

(ii). Follow the ATTORNEY's reasonable advice in order to improve the CLIENT`s eligibility under the MPNP Skilled Worker Overseas stream;

(iii). Immediately disclose to the ATTORNEY all information related to any and all current or prior criminal charges and/or convictions, as well as any health issues that have affected or affect the CLIENT or any of his/her accompanying dependents;

(iv). Provide all information and documents requested by the ATTORNEY and the Immigration Authorities in a timely, accurate, honest and forthright manner and, where necessary, have the same translated accurately into English or French at the expense of the CLIENT;

(v). Ensure that the information contained in the  CLIENT’s EOI under the MPNP Skilled Worker Overseas stream remains accurate and complete throughout the entire immigration process, and advise the ATTORNEY and the Immigration Authorities of any changes or updates to the information contained in the EOI under the MPNP Skilled Worker Overseas stream;

(vi). Ensure that all educational and professional credentials claimed (the CREDENTIALS) are complete, and have been obtained from an institution that is recognized and accredited by the governing body responsible for such accreditation in the country of issue or study, as the case may be, and if required, have the CREDENTIALS assessed according to the requirements of the Immigration Authorities at the CLIENT’s expense;

(vii). Provide sufficient documentation, within the deadline provided by the ATTORNEY, to support all qualifications claimed, including proof of language proficiency, as advised by the ATTORNEY and/or required by the 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 ATTORNEY cannot guarantee that the CLIENT’s documentation will be returned to the CLIENT by the Immigration Authorities;

(viii). Demonstrate possession of sufficient unencumbered funds so as to be able to support the CLIENT and his/her accompanying dependents upon their arrival in Canada, in accordance with the norms and guidelines established by the Immigration Authorities;

(ix). Immediately advise the ATTORNEY of any and all written, electronic or telephone communication received by the CLIENT from the Immigration Authorities;

(x). Attend all interviews if called upon to do so by Immigration Authorities. The CLIENT is responsible for making all necessary travel arrangements at his or her own expense;

(xi). Pay the fees required by the Immigration Authorities for the handling and processing of the ENTIRE APPLICATION and for the required medical examinations and the evaluation of language ability, professional, vocational or educational qualifications by the appropriate authorities, as well as for the translations in the format required by Immigration Authorities, if and when applicable;

(xii). Pay to the ATTORNEY "In Trust" all of the fees payable to the ATTORNEY, as set forth in the section ATTORNEY FEES. The CLIENT expressly agrees that it is the CLIENT's entire responsibility to ensure that the said fees arrive in full, in US Dollars and including any applicable taxes, at the ATTORNEY's principal place of business in Montreal, Canada.

  1. ATTORNEY FEES

The CLIENT agrees to pay to DAVID COHEN IN TRUST the amount of USD 3490 on account of ATTORNEY FEES as per the following schedule:

-     The sum of USD 900 immediately upon execution of this Contract by the CLIENT;

-     The sum of USD 995 immediately upon confirmation from the ATTORNEY that the CLIENT’s EOI under the MPNP Skilled Worker Overseas stream is submitted to the Manitoba pool of eligible candidates, or 30 days after execution of this Contract, whichever occurs earlier;

-     The sum of USD 995 immediately upon confirmation from the ATTORNEY that the CLIENT has received a LAA and is able to submit a nomination application under the MPNP Skilled Worker Overseas stream, or 120 days after execution of this Contract, whichever occurs earlier;

-     The sum of USD 600 immediately upon final disposition of the VISA APPLICATION by the Immigration Authorities.

The CLIENT acknowledges that additional ATTORNEY FEES may be applicable if the client’s civil status or family composition changes after the NOMINATION APPLICATION and/or VISA APPLICATION has been submitted to the Canadian Immigration Authorities.

The CLIENT agrees that the ATTORNEY shall not be required to commence or continue carrying out his Duties herein set forth until such time as the ATTORNEY has received the said fees in trust.

The CLIENT authorizes the ATTORNEY to release the first installment of ATTORNEY FEES from his trust account after the ATTORNEY has established a file for the CLIENT in his office and reviewed the CLIENT’s qualifications.

The CLIENT authorizes the ATTORNEY to release the second installment of ATTORNEY FEES from his trust account upon submission of the EOI under the MPNP Skilled Worker Overseas stream or 90 days after the execution of this Contract.

The CLIENT authorizes the ATTORNEY to release the third installment of ATTORNEY FEES from his trust account upon submission of the nomination application under the MPNP Skilled Worker Overseas stream or 180 days after the execution of this Contract.

The CLIENT authorizes the ATTORNEY to release the fourth installment of ATTORNEY FEES from his trust account one (1) year after the conclusion of this Contract.

The CLIENT expressly recognizes that only the ATTORNEY is authorized to issue receipt(s) for payment of the ATTORNEY’s fees and that the said receipt(s) will only be issued upon the reception of the ATTORNEY’s fees by the ATTORNEY as herein set forth.

  1. REFUND POLICY

The CLIENT acknowledges that there shall be no refund due if, through no fault of the Attorney, the CLIENT`s EOI under the MPNP Skilled Worker Overseas stream is not submitted to the Manitoba pool of eligible candidates, or if a LAA is not received or if the NOMINATION APPLICATION or the VISA APPLICATION is not submitted, is refused, returned, terminated or cannot proceed. Without limiting the generality of the foregoing, there shall be no refund due for reasons relating to Immigration Authorities Policy (including any Ministerial Instructions), a change in law, regulation or selection criteria, availability of MPNP Skilled Worker Overseas stream, as well as for reasons related to Health, Criminality or Security, or if the CLIENT fails to adequately support all qualifications claimed, or if the CLIENT voluntarily withdraws either the EOI, or the NOMINATION APPLICATION or the VISA APPLICATION. In any event, the ATTORNEY’s total liability under this Contract is limited to any ATTORNEY FEES paid by the CLIENT to the ATTORNEY.

  1. 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 Contract can be executed by one or more of the parties hereto in any number of counter parts, each of which shall be deemed to be an original, but all such counter parts shall together constitute one and the same instrument;

(iv). This Contract constitutes the entire agreement between the ATTORNEY and the CLIENT and supersedes any and all prior communications, agreements, understandings, negotiations and discussions, whether oral or written, pertaining to the subject matter hereof.

The parties acknowledge that they have requested that the foregoing be drawn up in the English language only; Les parties reconnaissent qu'elles ont exigé que ce qui précède soit rédigé seulement en la langue anglaise.