Limited Scope Engagements

The terms and conditions of payment shall be conducted in accordance with any existing Legal Services Agreement, including any accompanying Estimates and  Schedules to it (hereinafter “the Agreement”), entered into between the Client(s) and Daniel Steven Mandelbaum o/a Mandelbaum Immigration Lawyers (hereinafter “the Firm”). In the case of no existing Agreement between the Client(s) and the Firm (hereinafter “the Parties”), such as in the case of a consultation appointment, this document shall outline the terms and conditions of a Limited Scope Engagement, including consultations appointments, between the Client(s) and the Firm.

  1. Consideration: In consideration of the legal services provided in a Limited Scope Engagement, the Client(s) agree(s) to pay to the Firm all fees, including any disbursements as may be properly incurred and any taxes as may be applicable, as may be agreed from time to time, and in accordance with the terms and conditions set out herein.
  2. Severability or modification: Under no circumstances may any clause in this Limited Scope Engagement be severed from any other, or modified in any way, without the expressed agreement of all the Parties.
  3. Confidentiality: The Client(s) acknowledge(s) and understand(s) that any communications, information, documentation, records, notes or other materials (hereinafter “Records”) received by the Firm from the Client(s), a representative of the Client(s) or other entity, organization, corporation, government authority or person(s) concerning a matter for which the Client(s) has engaged the Firm, shall be protected and held in confidence by the Firm. The Firm agrees to protect and hold in confidence any such Records except in order to fulfill its obligations to provide legal services according to the terms and conditions of this Limited Scope Engagement or as may otherwise be authorized for disclosure by the Client(s). For greater certainty, the Client(s) agree(s) and authorize(s) the Firm to share such Records with any third parties as may be deemed necessary by the Firm for the Firm to fulfill its obligations as described in this Limited Scope Engagement. Further, the Client(s) agree(s) and authorize(s) the Firm to share the Client(s) Records with any third party as may be required for the collection of fees due on overdue accounts, including fees for legal services rendered by the Firm or any disbursements as may be properly incurred and any taxes as may be applicable.
  4. Privileged communications: The Client(s) acknowledge(s) and understand(s) that any communications between the Parties are subject to solicitor-client privilege as understood according to the Law Society Act of Ontario, and any Rules, Regulations and By-laws made thereunder.
  5. Scope of this Engagement: The Client(s) agree(s) that the Firm shall be required to provide only time-limited consultation services to the Client(s), and any other provision of services are subject to additional agreement and fees. Further, the Client(s) acknowledge(s) and understand(s) that Firm has the right to refuse to provide further services to the Client(s).
  6. Services outside the scope of this Engagement: The Client(s) agree(s) that any services performed for the Client(s) or on behalf of the Client(s) which are not stated in this Limited Scope Engagement shall be considered outside the scope of this Limited Scope Engagement and subject to additional fees, charges, proper disbursements and taxes as may be applicable. In determining the fees for services rendered by the Firm for the provision of any services outside the scope of this Limited Scope Engagement, the Client(s) agree(s) that the Firm may charge any reasonable fees, which are to be calculated on the basis of the Firm’s contemplation of the complexity of the service(s) performed, the value of the service(s) to the Client(s), an estimation of the time spent by the Firm to perform such service(s), the availability for other legal service providers to provide such service(s) to the Client(s) at a similar level of legal knowledge and sophistication and to a similar standard of care as provided by the Firm to the Client(s), and any urgency, rush, emergency or other short-notice deadline as may be imposed by reason of circumstances outside the control of the Firm.
  7. Assignment and delegation of work: The Client(s) agree(s) that the Firm, at the Firm’s discretion, may assign or delegate to any employee(s) of the Firm, in any manner the Firm so chooses, the entirety of the work or any portion thereof that is to be done to provide the legal services to the Client(s) that are described in this Limited Scope Engagement. Further, the Firm may do so if the Firm is of the judgement that the employee(s) possess(es) the requisite knowledge, skill and judgement required to conduct such work.
  8. Payments: The Client(s) agree(s) that payment by the Client(s) for legal services rendered by the Firm, including any disbursements as may be properly incurred and any taxes as may be applicable, shall be due immediately upon invoice. The Client(s) agree(s) that payments made for legal services rendered or for disbursements properly incurred, including any taxes as may be applicable, are non-refundable.
  9. Payments by third parties: The Client(s) agree(s) that payments to the Firm may be made by any other person(s) appointed by the Client(s) to pay fees on their behalf. The payment of fees by any person(s) other than the Client(s) does not create a solicitor-client relationship between the Firm and such persons. As such, the Firm shall not disclose any Records to such persons without the express written consent of the Client(s) and the agreement by the Firm that doing so shall not conflict with any interest of the Client(s) or the Firm.
  10. Identification of the payors: The Client(s) agree(s) to provide identification documentation and identifying information of any person(s) paying fees toward their account as may be required in order for the Firm to properly identify such persons in accordance with its obligations under the Law Society Act of Ontario and any Rules, Regulations and By-Laws made thereunder.
  11. Interest on overdue accounts: The Client(s) agree(s) that their account shall be considered overdue on the same day as the date of issuance of an invoice by the Firm to the Client(s). The Client(s) agree(s) to be charged and pay interest on any account that is overdue by a period of one month at the lesser of either a monthly compounding interest rate of 4.5% or at the maximum rate permitted by the Solicitor’s Act of Ontario.
  12. No time docketing required: The Client(s) agree(s) that, where the Client(s) has agreed to pay the Firm a fixed fee for the provision of legal services, the Firm shall be under no obligation to report a record of time spent on the Client(s) matter(s) to the Client(s).
  13. Currency, exchange rates and currency exchange service charges: The Client(s) agree(s) that all fees for the provision of legal services are quoted in Canadian dollars. The Client(s) assumes responsibility for the payment of all fees plus any charges that may be imposed by any financial institution, bank, lender or currency exchange provider resulting from the conversion of foreign currency to Canadian dollars. If a financial institution, bank, lender or currency exchange provider deducts funds from the Client(s)’ payments to the Firm, the Client(s) shall be immediately responsible to remit any payments owing to the Firm arising from such deductions. Where the Firm incurs fees for disbursements, charges or taxes as may be applicable for or on behalf of a Client(s), and such fees were paid by the Firm in a currency other than in Canadian dollars, the Client(s) agree(s) to pay the Firm fees in Canadian dollars, plus any charges that may be imposed by any financial institution, bank, lender or currency exchange provider resulting from the conversion of Canadian dollars to foreign currency.
  14. Payment by wire: The Client(s) agree(s) that, in the event that fees are paid to the Firm on account of the Client(s) matter(s) by wire transfer, and financial institutions or banks wiring or receiving a wire of such funds deduct from such payments or charge to the Firm any service fees or other charges associated with the wiring or receiving of such funds by wire, the Client(s) will immediately pay the Firm any fees equal to any amounts that remain owing on the Client(s) account as a result of the deduction or expense charged to the Firm.
  15. Funds held in trust: The Client(s) agree(s) that, if the Firm has collected funds from the Client(s) to be held in trust for or on behalf of the Client(s), such funds shall be deposited into and held in the Firm’s mixed trust account, and may only be withdrawn or transferred by the Firm for payment of fees for legal services rendered or disbursements properly incurred for or on behalf of the Client(s) in accordance with this Limited Scope Engagement or any other direction provided by the Client(s) to the Firm.
  16. Trust account activity: The Client(s) agree(s) that the Firm shall in no circumstances hold funds in trust for the Client(s) for a period of greater than one continuous year, unless the Firm has withdrawn or transferred such funds for payment of fees or proper disbursements during this time. If no funds have been so withdrawn or transferred during this time, the Firm shall notify the Client(s) that their account has become inactivate. The Client(s) may then direct the Firm to Client(s) withdraw or transfer such funds for payment of fees for legal services rendered or for disbursements properly incurred, including any taxes as may be applicable. If the Client(s) fails to provide the Firm with such direction within thirty days of the issuance of a notice of an inactive trust account by the Firm to the Client(s), the Firm shall then make reasonable efforts to refund the trust funds to the Client(s). In addition to those fees for legal services described in this Limited Scope Engagement, the Client(s) agree(s) to pay any reasonable fees for any reasonable efforts made to communicate with the Client(s) concerning an inactive account and efforts made to refund fees held in trust to the Client(s) on an inactive. In the event the Firm is unable to reach the Client(s) after making reasonable efforts to do so, the Client(s) agree(s) that the Firm shall send any remaining funds held in trust and return any Records in the Firm’s position, less an estimate of the fees for disbursements for delivery by post or courier, to the Client(s) last known address.
  17. Cancelation of appointments and fees for late cancelations: The Client(s) agree(s) to provide the Firm with a minimum of two business days’ notice for the cancelation of any appointment made by the Client(s) for a meeting between the Firm and the Client(s), any person(s) appointed by the Client(s) to meet with the Firm or any person(s) materially important to the provision of legal services for or on behalf of the Client(s) (hereinafter collectively “the Client Delegation”). If the Client(s) fail(s) to provide the Firm with a minimum of two business days’ notice, the Client(s) agree(s) to pay the Firm an additional late cancelation fee of $150.00.
  18. Fees for missed appointments by the Client(s): The Client(s) agree(s) that if the Client(s) or any person in the Client Delegation fail(s) to arrive for an appointment, the Client(s) shall pay the Firm an additional missed appointment fee of $150.00.
  19. Fees for late arrivals to appointments by the Client(s) or their invited person(s): The Client(s) agree(s) that if the Client(s) or any person in the Client Delegation arrive(s) to an appointment after the scheduled time, the Client(s) shall pay a late arrival fee of $50.00 for every ten minutes that the Client(s) or any member of the Client Delegation arrived late, up to a maximum of $150.00 for up to a thirty late arrival, at which point in time the Client(s) shall be deemed to have missed the appointment. For greater certainty, the Client(s) agree(s) to be responsible for ensuring that all Client(s) or members of the Client Delegation arrive to the appointment on time.
  20. Fees for short notice appointments: The Client(s) agree(s) to pay an additional short-notice appointment fee of $150.00 if the Client(s) requests an appointment with the Firm on the same business day as the request for an appointment to meet with the Firm has been made and the Firm is able to accommodate that request. For greater certainty, the Client(s) agree(s) that this additional fee applies in the event of the Client(s) appointment has been cancelled, missed or deemed to have been missed as a result of an arrival thirty minutes or more after a scheduled appointment time.
  21. On-time delivery of Records by the Client(s) to the Firm: The Client(s) agree(s) to provide the Firm with any Records as may be requested by the Firm in order for the Firm to carry out its commitments in this Limited Scope Engagement in a reasonable period of time from the date that the request was made.
  22. Non-delivery of Records by the Client(s) to the Firm: The Client(s) agree(s) that the Client(s) failure to deliver any Record to the Firm requested by the Firm for a period of three consecutive months may be considered early termination by the Client(s) of this Limited Scope Engagement.
  23. Right of refusal to perform: Despite any other clauses in this Limited Scope Engagement, if the Client(s) agreed to deliver Records to the Firm and did not provide those Records to the Firm at the date and time agreed, the Client(s) agree(s) that the Firm has the right to refuse to perform any services for the Client(s), and the Client(s) agree(s) to assume full carriage of their file and all responsibility and liability resulting from any negative decision, consequence or missed opportunity.
  24. Request for information or evidence: Unless otherwise specifically stated in this Limited Scope Engagement, the Client(s) agree(s) that the provision of legal services by the Firm for reviewing or responding to any requests for information or evidence received for or on behalf of the Client(s) are outside the scope of this Limited Scope Engagement.
  25. No guarantee of positive outcome: When providing legal services, the Firm shall endeavour to make reasonable efforts to ensure the success of your matter. The Client(s) acknowledge(s) and agree(s) that the Firm does not provide any guarantee as to the outcome of their matter, and further, the Client(s) agree(s) not to hold the firm responsible or liable in any way for a negative outcome outside the reasonable control or anticipation of the Firm.The Client(s) understand(s) that outcomes are determined by agents and officers of the government. Officers’ decision-making processes are expected to follow rules and guidelines, and, further, are expected to be guided by principles of reasonableness and fairness. However, decision-making is a discretionary exercise. This means that it is up to a government officer to weigh the information and evidence according to his/her judgment, and to make the decision. While most decision-makers follow the rules, guidelines and principles, on some occasions, decision-makers will misinterpret/misapply the rules, or they may fail to follow the guidelines and principles. In such cases, an officer may request additional information or documentation which we could not anticipate from the outset, and in limited cases, an officer may refuse an application. The Client(s) understand(s) and agree(s) that under no circumstances will the Firm be expected to undertake exceptional efforts or otherwise provide legal services outside the scope of this Agreement, unless agreed to by the Firm and the Client(s).If the Firm advises the Client(s) of certain risks with proceeding with an application and the Client(s) instruct(s) the Firm to proceed, the Client(s) agree(s) to assume all risks and outcomes with proceeding. In the case that the Firm advises the Client(s) that there is no reasonable chance of success, the Client(s) agree(s) that the Firm may cease all work on the Client(s) matter, assess the Client(s) file for work done to date, issue a final invoice and terminate this Agreement without prejudice. For further clarity, in the case that the Firm advises the Client(s) that their matter has no reasonable chance of success and the Client(s) nonetheless instruct(s) the Firm to proceed with the matter, this shall be considered a breakdown in the solicitor-client relationship subject to termination of this Agreement by the Firm.
  26. Standards of communication: The Firm shall endeavour to reply to any communication received by it from the Client(s) within two business days. The Client(s) agree(s) not to send any substantially the same, like, repeat or forwarded communication (hereinafter “duplicate communication”) to the Firm(s) within two business days of the original communication. The Client(s) further agree(s) that should the Client(s) send any duplicate communication to the Firm, the Firm may charge the Client(s) additional fees for reviewing or responding to such duplicate communication, as the case may be. Further, in the event that the Firm provides a response to duplicate communication within two business days of receipt of the duplicate communication, the Client(s) agree(s) to pay additional fees for rush or urgent communications at a rate of 20% above the hourly rate of the legal professional providing such services to be billed in increments of 1/10th of an hour and no less than $50.00 per rush or urgent reply communication sent by the Firm to the Client(s), whichever is greater.
  27. Consent to electronic and other forms of digital communications: The Client(s) understand(s) and acknowledge(s) that electronic or other forms of digital communications are inherently unsecure and that any communications or Records shared with the Firm by the Client(s) or shared by the Client(s) with the Firm can be compromised, disclosed or accessed by third parties without the knowledge or consent of the Client(s) or the Firm. These forms of communication include, but are not limited to: e-mails, digital file transfers and digital uploads and online payments. While the Firm will endeavour to ensure these communications are secure, the Client(s) acknowledge(s) and accept(s) these risks and agree(s) to communicate with and receive communications from the Firm by means of electronic or other forms of digital communication.
  28. Consent to record and maintain official communications: The Client(s) agree(s) that the Firm may make and maintain recordings of any and all communications and interactions made with any government official, department or agency, tribunal, arbitrator, mediator or court made by the Client(s) of by the Firm on behalf of the Client(s). Recordings of such communications and interactions may include in-person meetings, telephone calls, letters, emails, or any other forms of digital communications conducted by video, voice, type messaging or other means. The Client(s) agree(s) that such recordings be taken by hand-written or typed physical note impressions or interpretations, direct transcripts or duplicate recordings. The Client(s) agree(s) that such recordings may not be shared with any third party without the consent of the Client(s).
  29. Consent to the Firm recording and maintaining exclusively impressions and interactions between the Client(s) and the Firm: The Client(s) agree(s) that the Firm may make and maintain recordings of any and all communications and interactions between the Client(s) and the Firm, including in-person meetings, telephone calls, letters, emails, or any other forms of digital communications conducted by video, voice, type messaging or other means. The Client(s) agree(s) that such recordings may include hand-written or typed physical note impressions or interpretations, direct transcripts or duplicate recordings, such as retained duplicate letters, emails, videos or audio recordings. The Client(s) agree(s) that such recordings will remain the exclusive property of the Firm to the exclusion of the Client(s). For greater certainty, the Client(s) agree(s) acknowledge(s) and accept(s) that the Client(s) have no right to the request or receive a copy of the Firm’s records of impressions and interactions between the Client(s) and Firm, and that the Firm may refuse to disclose such records to the Client(s) if the Client(s) requests such records.
  30. Multiple Clients: Notwithstanding any other prior Agreement between the Parties, in the event that this Limited Scope Engagement is entered into with the Firm by more than one Client, the Client(s) agree(s) and acknowledge(s) that there shall be no confidentiality between the Clients without the consent of the Parties. For further clarity, this means that any communication or Record shared by one or more Client with the Firm may not be held in confidence from any other Client who is a party to this Limited Scope Engagement, unless otherwise directed and agreed by the Clients and the Firm. The Client(s) agree(s) that the Firm shall not subsequently enter into any other Limited Scope Engagement or Agreement concerning the same matters without the consent of all the Parties to this Limited Scope Engagement. If the Firm has entered or subsequently enters into another Agreement or Limited Scope Engagement with one or more of the Clients that does not concern the matters in this Limited Scope Engagement, the Client(s) agree(s) that the Firm has no obligation to disclose such information to the other parties.
  31. Conflicts of interest: The Firm shall perform a check for conflicts of interest prior to engaging in a solicitor-client relationship with the Client(s). Upon completion of the conflicts check, if the Firm discovers a conflict of interest that may prevent the Firm from acting for or on behalf of the Client(s), the Firm shall notify the Client(s) of the existence of a conflict and may be prevented from engaging in a Legal Services Agreement. In such circumstances, the Client(s) agree(s) to release the Firm from the performance of any act, duty, promise or obligation made in the context of a consultation appointment or Limited Scope Engagement. In the event that the Firm has performed a conflicts check prior to engaging in a Legal Services Agreement, and the Firm discovers a conflict of interest after the commencement of this Agreement, the Firm agrees to immediately notify the Client(s) of such conflicts and terminate all work for or on behalf of the Client(s) until such time as the conflict is resolved. Further, the Client(s) agree(s) not hold the Firm responsible for any unperformed service(s) described in the consultation appointment, Limited Scope Engagement or Legal Services Agreement, or for any other injury, prejudice, adverse consequence or cause of action against the Client(s) in connection with termination of this Limited Scope Engagement or any other Agreement resulting from a conflict of interest.
  32. Existing solicitor-client relationship prior to the discovery of a conflict of interest: The Client(s) agree(s) that in the event that the Firm has an existing solicitor-client relationship arising from an Agreement entered into with one or more of the Client(s) to this Limited Scope Engagement prior to the commencement this Limited Scope Engagement, and a conflict of interest between the Clients should arise, the Firm may continue to act for the prior Client(s).
  33. Engagements concerning the provision of services to businesses and their employees: The Client(s) agrees(s) that if this Limited Scope Engagement concerns the provision of services to a business and one or more of that business’ existing or prospective employees or their accompanying family member(s), and a conflict of interest between the Clients should arise, the Firm may continue to act for and represent the business to the exclusion of the employee(s) or their accompany family member(s).
  34. Early termination by client(s): If one or more of the Client(s) terminate(s) this Limited Scope Engagement before the Firm has completed providing consultation or other services as described in this Limited Scope Engagement, the Client(s) agree(s) to pay the Firm all fees due for legal services rendered to date. The fees due for legal services rendered are to be calculated on the basis of the Firm’s contemplation of the complexity of the service(s) performed, the value of the service(s) to the Client(s), an estimation of the time spent by the Firm to perform such service(s), and the availability for other legal service providers to provide such service(s) to the Client(s) at a similar level of legal knowledge and sophistication and to a similar standard of care as provided by the Firm to the Client(s). Further, the Client(s) agree(s) not hold the Firm responsible for any unperformed services described in this Limited Scope Engagement, or for any other injury, prejudice, adverse consequence or cause of action against the Client(s) resulting from early termination by the Client(s).
  35. Early termination by the Firm: The Client(s) agree(s) that the Firm may terminate a consultation appointment or Limited Scope Engagement at any time for any reason. If early termination by the Firm would cause undue prejudice to the Client(s) interests, the Firm agree(s) to provide the Client(s) with the contact information of no more than one other legal service provider known to the Firm as judged by the Firm as possessing a similar level of legal knowledge and sophistication as may have been provided by the Firm to the Client(s).
  36. Refunds: The Client(s) agree(s) that under no circumstances will the Firm refund to the Client(s) any fees paid in consideration of services rendered, such as after a consultation appointment has been concluded. If the Client(s) request(s) a refund at any time of fees paid, and such was approved by the Firm, the Client(s) agree(s) that any refunds processed by credit card shall be subject to a 4% administration fee.
  37. Retrieval of Records: The Client(s) agree(s) that any Records of the Client(s) left by them with the Firm are to be retrieved by the Client(s) within 2 business days of the consultation appointment or conclusion of the Limited Scope Engagement. If the Client(s) fail(s) to retrieve their Records within 2 business days, the Firm will deliver those records to the Client(s) at their known address at the expense of the Client(s). If the Client(s) fail(s) to provide the Firm with an up-to-date address for the return of the Client(s) Records, the Firm shall send the Client(s) Records to an on-site or off-site storage facility at the expense of the Client(s) and, after a period of six years, those Records shall be destroyed at the expense of the Client(s). If the Client(s) requests that the Firm retrieve those Records after they have been placed in storage, the Client(s) agree(s) to pay a Records retrieval fee and any associated disbursements and taxes, as may be applicable.
  38. Limitation of liability: The Client(s) agree(s) that the Firm shall not be held responsible or liable for any direct or indirect damages to the Client(s) arising from an error or omission of the Firm resulting from the failure of the Client(s), witness(es) of the Client(s) or government official(s) to provide accurate information and Records to the Firm. The Client(s) further agree(s) that in the event that the Firm commits an error or omission owing to circumstances not beyond the Firm’s control, or in the event of non-performance by the Firm any part of this Limited Scope Engagement, or in the event of early termination of this Limited Scope Engagement by the Firm, the liability of the Firm for damages or obligations owed to the Client(s) shall in no circumstances exceed the lesser of either $250.00 total owing to all Client(s) or the value of any fees paid by the Client(s) to the Firm in consideration of services performed described in this Limited Scope Engagement. For further clarity, the Firm’s liability for damages or obligations owed to the Client(s) shall not be calculated separately for each Client, and the maximum liability of the Firm that may be owed to all Client(s) who are together parties to this Limited Scope Engagement shall never exceed $250.00 total, irrespective of the number of Client(s) that are parties to this Limited Scope Engagement.
  39. Disclosure of all relevant and material information to the Firm: The Client(s) agree(s) to provide all relevant and material information and Records to the Firm relating to their matter, and not to provide the Firm with any false, misleading or incomplete information or Records, or otherwise attempt to deceive the Firm. The Client(s) agree(s) that at any point should the Client(s) fail to perform this obligation, this Limited Scope Engagement shall be immediately terminated and considered to have been terminated early by the Client(s).
  40. Obligation to disclose all relevant and material information and Records to government authorities: The Client(s) understand(s) and acknowledge(s) their obligation to communicate all material information and Records to government authorities in the course of any application made to Immigration, Refugees and Citizenship Canada, the Canada Border Services Agency, Service Canada or any other government department or agency, or in the conduct of hearings, interviews or examinations conducted by or for any government department or agency, tribunal, arbitrator, mediator or court. Further, the Client(s) understand(s) and acknowledge(s) that providing false information or Records, or failure to provide material information or Records, is considered an offense under the laws of Canada, and that the Client(s), their businesses or their family members may face penalties for failing to abide by these obligations, including but not limited to the refusal of their application(s), removal or deportation from Canada, ban from returning to Canada, monetary fines or penalties, incarceration, imprisonment or detention, or other such deprivations of liberty.
  41. Translators and interpreters: The Client(s) agree(s) that all correspondence and communications with the Firm shall be conducted in the English language. Further, the Client(s) agree(s) that any costs associated with a translator and interpreter shall be paid for at the expense of the Client(s). Furthermore, the Client(s) understand(s) and acknowledge(s) that any communication or Record to be submitted or delivered to the Government of Canada, or any Ministry, Department, Agency or Court thereof, must be provided in its original language. Where the original language of the communication or Record is not one of the official languages of Canada – English or French – the Client(s) agree(s) to pay fees for the translation and interpretation of such communications or Records into English or French.
  42. Jurisdiction: The Parties agree that this Limited Scope Engagement shall be construed according to the laws of the Province of Ontario. Any dispute arising from any aspect of this Limited Scope Engagement shall be interpreted and adjudicated in accordance with the law of the Province of Ontario. In no case shall the laws of any other jurisdiction apply to this Limited Scope Engagement except in the case of mutual agreement by the Parties.

E. & O. E.