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 his or her efforts to obtain a Canadian Permanent Resident Visa, and the ATTORNEY does hereby agree to provide such services, the whole 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 preparing and pursuing an application for a Canadian permanent resident visa under the “Express Entry” selection system (hereinafter referred to as Express Entry) set forth in the Ministerial Instructions issued on December 1, 2014, subject to the terms and conditions set forth below.

The ATTORNEY agrees to assist the CLIENT with a single application for permanent residence, if the CLIENT receives or has received an invitation to apply for permanent residence (Invitation to Apply) under Express Entry, in one of the following Canadian immigration programs: the Federal Skilled Worker program, the Federal Skilled Trades program, the Canadian Experience Class, or a Provincial Nominee Program from a Canadian province or territory other than the province of Quebec (the APPLICATION).

The ATTORNEY shall provide assistance exclusively from Canada. The ATTORNEY shall use his best efforts to assist the CLIENT and fulfill his obligations under this Contract. The CLIENT hereby acknowledges that the ATTORNEY 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 ATTORNEY.

The ATTORNEY shall provide services under the terms of this Contract till the final disposition of the submitted APPLICATION by the Canadian 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 application is not submitted to the Canadian immigration authorities within six (6) months of the execution of this Contract.

  1. DUTIES OF THE ATTORNEY

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

  • Assist the CLIENT in the preparation of the immigration application forms required by the Canadian immigration authorities;
  • 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, settlement funds and civil status;
  • Advise the CLIENT about the amount of government fees required in support of the application;
  • Review the CLIENT’s application forms and supporting documents prior to submission to the Canadian immigration authorities;
  • Submit the CLIENT's APPLICATION electronically to the Canadian immigration authorities;
  • Advise the CLIENT, in advance, how to prepare for a possible selection interview with a Canadian immigration officer, if an interview is requested.
  • Track the CLIENT's file with the Canadian immigration authorities;
  • Make additional written and/or oral representations to the Canadian immigration authorities, as necessary.
  1. DUTIES OF THE CLIENT

The CLIENT shall:

  • 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;
  • Follow the ATTORNEY's reasonable advice in order to maximize eligibility for economic immigration to Canada;
  • 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 dependents;
  • Provide all information and documents requested by the ATTORNEY and the Canadian 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; the CLIENT hereby acknowledges that a complete application will be due within 90 days from the receipt of an Invitation to Apply and that no extensions will be granted;
  • Immediately advise the ATTORNEY if there are any changes to the CLIENT’s personal information, language proficiency, work experience, education and training, or civil status, or, if applicable, any changes to the CLIENT’s validated offer of employment in Canada or a certificate of nomination from a Canadian province or territory;
  • 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 Canadian immigration authorities at the CLIENT’s expense;

  • Provide sufficient documentation to support all qualifications claimed, as advised by the ATTORNEY 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 ATTORNEY 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 ATTORNEY 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 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 the designated currency, 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 1990 on account of Attorney Fees as per the following schedule:

  • The sum of USD 995 immediately upon execution of this Contract by the CLIENT.
  • The sum of USD 995 immediately upon confirmation from the ATTORNEY that the CLIENT’s application has been sent to the Canadian immigration authorities, or 30 days after execution of this Contract, whichever occurs earlier.

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 in his office for the CLIENT and reviewed the CLIENT’s qualifications. The CLIENT authorizes the ATTORNEY to release the second installment of ATTORNEY FEES from his trust account after six (6) months has elapsed since the execution 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.

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 Contract. The CLIENT acknowledges that additional ATTORNEY 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.

  1. REFUND POLICY

The Client acknowledges that there shall be no refund due if, through no fault of the Attorney, the Client’s APPLICATION is not submitted, not accepted, terminated, returned or cannot proceed due to reasons related to health, criminality/security and/or government policy (including any Ministerial Instructions). In addition, the Client acknowledges that there shall be no refund due if the Client’s APPLICATION is not submitted, not accepted, terminated, returned or cannot proceed due to a change in law, regulation or selection criteria, or if the Client fails to adequately support all qualifications claimed, or if the Client voluntarily withdraws his or her 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
  • This Contract shall be governed by the laws in effect in the Province of Quebec, Canada.
  • 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;
  • 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;
  • 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.