
Visa and Mastercard (no other credit cards) accepted at office
OFFICE CONSULTATIONS:
Consultations are at a much cheaper rate than my normal rate. Initial consultations are $2 per minute. e.g. 20 minutes costs $40, 40 min. costs $80, 50 min. costs $100, an hour costs $120.
A typical consultation takes 50 minutes ($100). Cash or credit card only. I may be able to accept credit cards for telephone consultations later this year.
Fees for Notary Services:
To Notarize (commission) one document $30, second and further documents $25 each. If you use your credit card my machine automatically adds 13% HST. These fees are only for me as a Notary Public to notarize (commission) documents you swear are true. Fees do not include explaining documents, helping you to fill out forms, write letters or affidavits, making sure you have the correct documents, etc. For that, my office consultation fee applies.
HOURLY RATES, FLAT FEES, DISCOUNTS etc. for Legal Services:
Nearly all immigration law cases are on a flat or fixed fee basis. See rates below. Some family law matters are fixed fee, e.g. simple, uncontested divorce. Most family law matters (divorce, separation, court) are on an hourly rate. Most of my family law clients are on a discount plan called "EAP" due to an arrangement beween their employers and Law Assist. This is great for them but what about people who work for smaller companies that do not have this arrangement?. And what about the self-employed? So to make things fair I am offering the same deal if you bring me your last two year's Canada Revenue "Notice of Assessment" and it shows an income on line 150 of less than $75,000. The discount is 25% off my regular hourly rate, and 10% off flat fee matters (uncontested divorce and immigration matters.)
Due to my over 20 years experience and high quality work in immigration, and over six years in family law, I charge accordingly, so my fees are not the cheapest. On the other hand by having low overhead I can keep my costs low so do not need to charge at the high end of the fee scale either. This year I have no full-time assistant, to minimize overhead. Also I know that most people cannot afford to pay lawyers $400 - $800 a hour even if the lawyer is worth it. (For the $400 - $800 an hour ones you are paying mostly for their overhead, such as huge rents in high-rise suites, huge advertising costs, $80,000 a year secretaries, even $100,000 a year articling students who are often doing the bulk of the work.)
My standard rate is $320 per hour for solicitor's (desk) work and barrister's work (court time). All fees exclude disbursements which are necessary expenses incurred on your behalf. Keep in mind that this is for time I spend as a lawyer. For work done by me that a legal secretary could do, the rate is $35 per hour. Travel time within the Greater Toronto area (Mississauga, Brampton, Toronto, as far North as Newmarket, as far East as Durham) is free, but outside those places is $100 per hour because otherwise I could be in my office earning more.
FOR MORE EXPLANATION ON HOW LAWYERS BILL AND "WHAT IS A RETAINER" SEE BELOW.
Discount plans: Many clients are on employer discount plans so check with your Personnel (Human Resources) office to see if there is any "EAP" or "Law Assist" program at your workplace. Your union may have some sort of deal in place, or you may be entitled to a discount from your insurance company or credit card. As noted above, I am prepared to offer the same discount to people who are not on an EAP if they can prove their line 150 income from their Notice of Assessment is less than $75,000 on each of the last two years.
Other deep discount plans: If you are not on an EAP, and you earn less than $60,000 per annum (you must bring in last two years's tax Notice of Assessment) you may qualify for JusticeNet.ca deep discount rates (about the same as Legal Aid rates). I do not accept Legal Aid for family matters but do take a small number of JusticeNet.ca clients especially when I am not busy and need the cash flow, or if I think you are being really victimized by your spouse in terms of child access (for Dads) or support payments (for Moms).
HOURLY FEES:
Clerical work that could be done by a legal secretary or articling student:
$35 per hour
Solicitor's Work (standard desk work such as drafting of documents or
letters, reviewing documents, consultation, advice, written opinions, corporate
work, legal research, preparing Statements of Claim, Statements of Defence,
Replies, all other trial preparation, written submissions or arguments; also
negotiations not done in the presence of a Mediator or Arbitrator): $320 per
hour. For unusually complex cases and Trials I reserve the right to charge more
(subcontracted assistants and other lawyers may be required).
Barrister's Work (trial work such as Court/Tribunal appearances, examinations
for discovery, examinations in aid of execution, depositions, client interviews
conducted by government Officers, Mediation Sessions, or Arbitrations ) $320
per hour. Recesses or breaks count toward the time and are not deductible. Waiting
time at court houses is considered part of the $320 per hour fee. For unusually
complex cases and Trials I reserve the right to charge more (subcontracted assistants
and other lawyers may be required).
Travel Time Travel time within the GTA is not counted. GTA includes Mississauga/Brampton,
Durham as far as Courtice or Bowmanville,and York Region (N. of Toronto, up
to Newmarket). Travel time outside of the GTA to court/administrative tribunals,
mediation or arbitration sessions, interviews of client by government officers,
is billed at $100 per hour.
(all fees subject to HST)
VIRTUAL OFFICE
Nowadays it is not necessary for the client to personally attend at the lawyer's
office. For normal, regular legal work, we can send documents and photographs
back and forth via mail, courier, fax or scanning and emailing as attachments.
Where I need your signature I will fax or email or mail you the document (e.g.
Retainer Agreement, Affidavit) and you go to a local lawyer or Notary and sign
it in their presence, after showing them proof of your identity. Then they will
"commission" or "notarze" the document for a small fee. Then you fax it to me and
either mail me the original or hold onto it depending on my instructions. We
can talk by telephone or internet. Where it is preferred and practical to see
me in person, you must make an appointment.
What is a Retainer for legal services?
A retainer is a deposit (pre-payment) toward your account, a retainer is not a quote or estimate of the total bill at the end of the case. A retainer is deposited into a Trust account, which is strictly regulated by the Law Society or the Bar Assocaiton or the Courts, whoever comtrols lawyers in your jurisdiction. Your lawyer bills you at the end of each month (unless he/she did no work on your case) and deducts what you owe from the Trust account. When it gets below $1000 balance he/she will usually want you to replenish it ("top it up") unless it appears the case will soon end and cost less than what is left in the account. Obviously if a lot of work was done one month there may not be enough money in Trust to cover the lawyer's fees so you would need to pay what is outstanding AND "top up" the Trust account. This can be difficult if you are not expecting it. If the case ends and you still have a credit in trust it will be promptly refunded (if you can show that your refund was due and not paid, the Law Society, Bar or Courts will go after any lawyer who tried to keep your money), but usually you will need to replenish the trust account whenever the lawyer asks and/or the Retainer Agreement requires.
What is a Retainer Agreement?
It is simply a contract between you and the lawyer about what service will be provided at what costs. It may focus on actions such as review a document and give advice, prepare and file an application or brief, prepare and file an appeal, attend at court to argue a case, but usually it is an agreement that you will pay the lawyer for his/her time and effort and expertise in doing whatever he/she thinks is necessary regarding the legal issue you hired the lawyer for; with no promise or outcomes or guarantee of results. It will rarely talk about winning the case, application or procedure. Unlike a contract with a mechanic you are paying for the effort and not a successful result. e.g. when you pay a mechanic to install new brakes you expect them to work; for a new starter in your car you expect it to work (unless the car won't start because of the engine or fuel or battery, rather than the starter motor, but then you would have to pay the mechanic to diagnose and repair that extra problem.) Sometimes a retainer agreement (or a side agreement) may provide for a bonus if a really good result is obtained for you. It may be on a contingency basis wherein you do not pay until the other side pays a settlement or award and then the lawyer deducts his/her fee (up to 33.3%) and expenses before you get the rest. That sort of Retainer Agreement is standard in personal injury law firms. Such contingency fees are not allowed in Ontario for family or immigration cases. The more detailed the Agreement is, the less chance there is for future misunderstandings and arguments, so read every word before signing.
Specific v. General Retainers:
Nearly all retainers are "specific" to the case being worked on. However corporations and celebrities also have lawyers on "general retainers" meaning they will be available on call, whenever any legal issue arises, to start work on the new issue. If you want me to be like that I would need an additional $1,500 general retainer in addition to the usual specific one. I say this because some clients run into problems that are not covered by the (specific) Retainer Agreement (e.g. put in jail, stopped at border, demand letter or lien from the tax dept.) and they expect me to rush to their aid when in fact I have no obligation to do so. Legally I need not even talk to them about it. Of course I talk to them for awhile and offer suggestions but unless they pay a new retainer (or send someone over with it if they can't get to me or do an online money transfer) for that new problem I do not help them. Nevertheless a couple of them complained that I abandoned them and "all I care about is the money". Ask yourself if you would like to work for free. If you were paid to put new wheels on a car and it broke down on the road the next day due to an engine failure, would you leave all your customers and rush out to try to repair the engine? If you are a medical doctor and were paid to treat a broken ankle, and later the person got bronchitis, and had no money, would you leave your office to rush over to treat them? If you are an accountant and got paid $150 to fill out a tax return based on what the client told you and the dcouments they provided, and then the person got audited, would you spend hours preparing for and attending the audit for no extra money? Consider this when you read online postings by people who claimed that lawyers, mechanics, accountants or other service providers "ripped them off".
Disbursements are necesary expenses incurred for your case such as subcontracted services (e.g. process servers, pension or house appraisers, psychologists), court fees, translations, faxes, photocopies, etc. Please note that cases involving spousal support (alimony, maintenance) and division of family property take a lot of time and require use of special computer programs. I charge a $100 licence fee to Divorcemate Software as a disbursement for these.
FAMILY LAW FEES
Consultations:
I charge $2 per minute for consultations, e.g. half hour costs $60; 50 minutes (typical time) $100; an hour costs $120.
Regular fee: Regular fees are $320 per hour. See above regarding discounts. HST and disbursements extra.
Retainer (deposit) required:
A typical family law case requires a retainer of $3,500 which is $3,000 for me, $390 HST and $110 for disbursements. This is the norm for most lawyers in the GTA and Durham Region. Howver if you are on a 25% discount plan, the retainer is $2,625. If you are on JusticeNet it is $2,000.
If we are going to court at least twice in the near future and the first date is only a few weeks away or less, the retainer is doubled. .
Typical fees for Family Law matters:
Litigation over separation e.g. Custody/Access and/or Finances (e.g. support, division of money) and/or the House
Hourly rate, will likely take a minimum of ten hours.
Pre-nuptual Agreement or Marriage Contact Hourly rate, minimum 4 hours.
Co-habitation Agreement Hourly rate, minimum 4 hours.
Separation Agreements Hourly rate, minimum 6.5 hours. These can become complex and can take months of negotiation and revising. (Beware of short Agreements such as sold in drug stores or stationery stores. These are only about 15 paragraphs long and mainly suitable for people with short marriages, little income or assets, no children etc.) . Rarely would a Separation Agreement go above 12 hours but "rarely" does not mean "never". Sometimes one truculent party will haggle and hold things up for weeks, months or years. If no final agreement has been reached with the other party after 15 hours of my time the client and I discuss whether to stop work or continue and on what terms.
Above fees for Agreements do not include fee for "Certificate of Independent Legal Advice" if such is required. Such a certificate costs about $320 (I charge hourly for those.)
Uncontested divorce My flat fee is $775. ($697.50 if on discount plan.) This is just for the divorce and does not deal with custody, access, spousal or child support, division of property including the home (although if these issues were settled in a Separation Agreement it can be attached and its contents incorporated into the divorce). This fee is also where both parties are living in Canada and their address are known; otherwise it takes more of my time and the disbursements will be higher. Note that uncontested are faster and cheaper than joint divorces which is why hardly any lawyers do joint divorces. IF A DIVORCE APPLICATION IS CONTESTED, THE UNCONTESTED FEE NO LONGER APPLIES and continual work on the case is at the agreed on hourly rate. (Sometimes clients are surprised when the spouse contests a divorce application.) For a divorce there are disbursements of $466 in court fees and there are process server fees (you cannot serve the spouse yourself with the Form 8 application). So beware of non-lawyers advertising "uncontested divorce" for a few hundred dollars. I investigated one that advertised "Divorce $200" using somone pretending to be a client and they charged her $200 just for a consultation to see if she "qualified" for a divorce. (Nearly everyone does.)
IMMIGRATION LAW FLAT FEES
IMMIGRATION ABBREVIATIONS:
CIC = Citizenship and Immigration Canada
CBSA = Canadian Border Service Agency (this acts as the Immigration Police)
IRB = Immigration & Refugee Board (has RPD and IAD and IMMIGRATION divisions)
RPD= Refugee Division
IAD = Immigration Appeal Division
H & C = Humanitarian & Conpassionate Application
PRRA = Pre-Removal Risk Assessment
GTEC= Greater Toronto Enforcement Center (near Airport)
PIF= Personal Information Form used in refugee claims
IMMIGRATION FORM (QUESTIONAIRE) TO FILL OUT:
IF YOU CANNOT MAKE A TRIP TO OUR OFFICE FOR A CONSULTATION, BUT YOU ARE SERIOUSLY
CONSIDERING MOVING TO CANADA, OR COMING TO WORK OR STUDY, mail a check or money
order for $150 (U.S. currency, made out to Randal Montgomery) and we will mail
you a screening questionnaire. Or you can email randanalysisi@gmail.com and we will email you back the questionnaire for you to download. Fill it out fully and carefully and truthfully
and mail it back to us, or email it back in MS-Word or PDF. Dr. Montgomery (providing the $150 has been paid) will then study it and decide on the
best way to get you into Canada, and what your chances of success are. This
office will then contact your either in writing, email or phone with the results
of Dr. Montgomery's opinion. The $150 fee is for the time spent studying your
questionnaire and coming to an opinion on the best and fastest ways to get you
into Canada. Even after a free consultation Dr. Montgomery will usually want
you to fill out the questionnaire so he can get a better idea of how to best
serve your immigration needs. (Dr. Montgomery does not provide free e-mail consulations
and gives no reply or very short replies to e-mail queries because he gets so
many e-mails, and the sender cannot provide all the information Dr. Montgomery
needs to make an informed Opinion.) If you decide to hire us after a personal
consultation we will often still require you to fill out the questionnaire but
there will be no extra cost for it - it will be part of the normal fee for immigration
services.
The questionnaire and $150 fee is necessary because otherwise we spend most of our time giving out free information by phone and e-mail. Also we cannot give proper and useful advice without knowing a lot about you. Immigration is a complex area of law; beware of anyone offering fast, simple answers. There is plenty of free information available on the internet, including Canada Immigration's official website. Another reason we must charge for this is that the form costs money to print and mail out, and takes Dr. Montgomery over an hour to study and form an Opinion. Another very important reason we charge for the form to be analysed and an Opinion made is to keep the information in it confidential. For the information to be protected from government eyes by lawyer-client privilege, the lawyer has to be retained by the client, meaning the client must have paid the lawyer some money. You will find that there are many very personal questions on the Questionnaire about you and any relatives in Canada which you would not want anyone else to see. In order to legally prevent the government from looking at these (in the rare case where it wanted to) I need to show that you paid me some money and that there was a lawyer-client relationship, which is then considered "privileged", meaning I cannot be forced to disclose what was in the questionnaire, even to a judge or the police or the tax department. Keep this in mind for other websites where the lawyer offers to give a free Opinion on your questionnaire which is sent over the internet. If that lawyer's office is ever raided by the police or immigration officials, they could confiscate your questionnaire and it would be very hard for the lawyer to say it was privileged when he/she could not prove any payment.
Anyone who wants to emigrate to Canada and is not sure what category or what their chances are should get a consultation or pay the $150 and receive this questionnaire form.
These fees do not include disbursements (expenses incurred on your behalf, or which you pay yourself directly). Examples include CIC application fees, cost of translations of documents, photocopies, faxes, couriers and process servers, binding court briefs, Court fees, etc. To see CIC fees go to http://www.cic.gc.ca/english/information/fees/fees.asp
Dr. Montgomery does not boast of low fees. The more experience a lawyer has,
and the more time and effort they are willing to spend on each case, the more
they charge. Dr. Montgomery has seen the low quality of work and low time spent
by those who charge less (usually after the client loses their application or
case with the cheaper counsel and then comes to Dr. Montgomery). Also Dr. Montgomery
has had 13 years of experience working for the Immigration Department and for
the Immigration & Refugee Board. Dr. Montgomery keeps track of what the
competition charges and tries to set his fees to be about 65% between the cheapest
and the most expensive. These fees are not negotiable so do not waste time trying
to bargain for a lower fee.
Due to demand from clients most of these are fixed or flat fees, but they are
based on estimated time involved, which reflects the complexity of the case.
Some cases, e.g. a Humanitarian (H&C) or a family sponsorship application
are usually not legally complex but take a lot of time, many documents, and
many phone calls and meetings with clients to properly prepare.
TAX:
The 13% federal HST tax applies to:
a) all clients who are living in Canada (so in a sponsorship if the sponsor
pays they must pay HST, if the sponsoree / applicant pays there is no HST), and
b) to all litigation regardless of the residency status of the client
The Law Society also requires a $50 levy (fee) on all litigation which is paid to the insurance fund.
REFUGEE
CLAIMS
To prepare Personal Information Form (PIF), assemble and
disclose documents, prepare claimants to testify, research country conditions,
prepare for legal and factual issues, prepare claimant to testify: DOES NOT
INCLUDE TIME AT HEARING (see separate Table further below) or doing WRITTEN
SUBMISSIONS.
|
a) |
$1,800 |
Per adult (aged 18 or more) for one country with own narrative (not sharing same narrative) and no exclusion issues or opposition by CBSA |
|
b) |
$500 |
For each additional adult. $150 for each child using principal Claimant's narrative. |
|
c) |
$1,250 |
For each additional country of nationality (citizenship or habitual residence). Applies only to adults not sharing a narrative. |
|
d) |
$1000 |
Per person if there is a likely exclusion issue for that person. If Board or CBSA decides prior to at the beginning of the hearing that there is no exclusion issue, $750 will be refunded. |
|
e) |
$1,250 |
If CBSA officer (Minister's Representative) opposes any claim for any reason. This fee is payable as soon as it is known that the Minister will intervene to oppose the claim. |
Payable: $2,000 retainer is needed to start work (prepare and file
PIF). Balance due in cash no later than one month prior to hearing date. The
basic fee includes up to 3 meetings to prepare PIF with Dr. Montgomery, plus
up to two more meetings after PIF is filed and before hearing to prepare for
hearing, prepare evidence, review documents etc. IF CLIENT WANTS EXTRA MEETINGS
THESE ARE $320 per hour EACH.
ATTEND and REPRESENT at Refugee Hearing or Expedited
Interview
(fee covers everyone, not per person) Standard hourly rate. Minimum payment: Expedited Interview $400 Hearing $1000 (e.g. if
hearing takes less than two hours, $500 will be refunded)
Payable:
Payment must be received no later than: If by cheque, 14 days prior to hearing
or interview. If by cash, 7 days before the hearing or interview. Otherwise
RM will not enter the hearing or interview room and RM will cease to be your
counsel.
If Board orders written submissions, an additional $800 must be received
by 7 days after the hearing day, otherwise submissions will not be written.
DISBURSEMENTS
(EXPENSES) re Refugee Hearings
APPLICATION FOR RE-HEARING If RM was counsel at original hearing $2,000 If RM was not counsel at original hearing $3,500 If Minister of Immigration opposes $1000 extra APPLICATION TO RE-OPEN AN ABANDONED CASE JUDICIAL REVIEW LEAVE APPLICATION FEDERAL COURT N.B. If client cannot provide an exact copy of all the documentary evidence
which was filed by his/her counsel at the IRB (Refugee Board), with exhibits
properly marked (e.g. C-2, C-3), there is an extra $800 charge to reflect the
many hours which will need to be spent re-constructing the file. The IRB does
not provide copies of the file unless and until "Leave" (permission for a hearing at the Federal Court) is granted. Payable by: $2,000 minimum retainer, another payment of $1500 due
30 days after the Notice is filed (Notice is usually filed between 1 and 14
days after we meet), balance of fees and disbursements is due 30 days after
2nd payment. If the Notice is filed late, (more than 15
days after client received the refugee, PRRA or H&C decision; 60 days for
a visa refusal) it will only be accepted by the Registry if it includes a detailed explanation
and evidence for the lateness. This will cost an extra $800. Motion for Extension of Time,
to file a late Application Record or Reply $1500. So if the Notice was late AND the Application Record
was also late you must pay an extra $2800. A lot of work is involved
in these late applications. These special late fees must be prepaid before work
is begun on them. TYPICAL
FEDERAL COURT EXPENSES (Disbursements)
Court filing fee $50 Process Serving $140 to $165 (some also charge tax) Photocopies 15 cents per page Faxes 25 cents per page sent or received Transcript of refugee hearing CD (Not always needed)
This costs about $90 per hour of hearing time, averages
$150 - $350 Often it is not necessary to get a transcript made (e.g. if the decision
is not based much on what the claimant said, or if client does not dispute
what the Board Member says the client said, or if no issue of bad interpretation
at the hearing). If Leave
Application is successful (Permission is granted by
the Court to hold a hearing) FEDERAL COURT MOTION for Emergency STAY of Removal
First I must write the Removals Officer with a formal, lengthy request to defer removal. The Fee for this is $1000.The better the request, the better chances that it will be granted, saving the cost of a Stay Motion. ALso the better the Request, even if refused the greater chances of success on a subsequent Stay Motion. This fee must be prepaid by cash. If the officer refuses to defer, or does not reply by my deadline (deemed refusal) I must prepare the Stay Motion at Federal Court. Expenses (process erver, copies, binding) vary from about $75 to $150 or more, so I have rounded them off to make the total come out to a round number. Fee for "urgent" is $3800 + $468 HST + $132 expenses = $4400 Fee for " super rush" is $4500 + $585 HST + $115 expenses = $5200. Fee includes preparing the Motion Record, issuing it at Federal Court, serving and filing at Department
of Justice, filing with proof of service back at Federal Court, doing legal research, writing submissions, trying to obtain last minute
evidence to show serious harm if deported, compiling and binding copies of caselaw,
attending at Court to argue the Motion. Fee must
be prepaid by cash, e-transfer, certified cheque or post office money order. Note: For URGENT In order to get the Record filed by Wed. afternoon
we need all of your documents by Tues. 10 AM. If the
Record is not filed with the Dept. of Justice and the Court by 16:30 hours on
a Wednesday so that the Motion can be heard the next Monday, it will be necessary
to request aSUPER URGENT SHORT NOTICE which
means a lot of extra work. Such Urgent motions are often argued over the telephone
on a Saturday. Note: A Stay cannot be heard in a vacuum and must be attached to some previously
or simultaneously filed application such as a Judicial Review of a PRRA refusal or an H&C refusal. If none, then a refusal by the Officer to defer removal.
So there must be an existing court file number to attach to the motion. APPLICATION
FOR CANADIAN PERMANENT RESIDENCY AS AN INDEPENDENT SKILLED WORKER
Fees do not include expenses (client must pay for CIC application fee, translations,
medicals, ESL testing, postage, couriers, photocopies ) CANADIAN EXPERIENCE CLASS $3500 + tax and disbursements*, add $250 to get a spouse or child aged 18+
landed with you and $150 for each minor child TEMPORARY
WORK PERMIT (1 - 3 years)
Fees do not include expenses (client must pay for CIC application fee, any
translations, medicals, ESL testing, postage, couriers, photocopies ) WORK
PERMIT APPLICATION or RENEWAL (extension) For Refugee Claimants and failed ex-claimants
VISITOR VISA EXTENSIONS TEMPORARY
RESIDENT PERMIT
(Visitor Visa to visit Canada for those countries which require
a visa.) STUDENT VISA
For 6 month student visas (study permits) to study English in Toronto,
Cambridge International College, Centennial College and George Brown College
offer such ESL programs. For those wanting to come on regular student visas for over six months
to get a diploma or degree, we suggest Seneca College or Canadian Business
College. PERMANENT RESIDENT APPLICATION from within Canada
$320 to $640 if RM does the work, $30 per hour if Law Clerk does the work.
As always, expenses are extra. (Government fee is $490 for each adult.) PRRA
(Pre Removal Risk Assessment) APPLICATIONS Failed Refugee Claimant Failed Refugee Claimant Never made a refugee claim RM was counsel at IRB RM was not counsel at IRB
See below* See below** See below # * $1800 per single adult or Head of Family. Add $1000 for a spouse or partner
who works or $500 for a spouse or partner who is not working and has not worked
in Canada. Add $250 for each for child aged 18+. Add $100 for each child aged
7 -17. If the refugee claim or PRRA involved more than one country add $250
per person aged 18 + .
** $2300 per single adult or Head of Family. Add $1500 for a spouse or partner
who works or $1000 for a spouse or partner who is not working and has not worked
in Canada. Add $400 for each for child aged 18+. Add $200 for each child aged
7 -17. If the refugee claim or PRRA involved more than one country add $500
per person aged 18 + . # minimum $2,750; depends on complexity.
In the very, very rare case where the PRRA Officer calls an interview, fee
to attend and represent clients at interview is $600 for one person, $750 per
family, add $200 if not in Toronto or Mississauga, payable at least 48 hours
in advance. FAMILY CLASS SPONSORSHIPS (applicant sponsoree is outside
Canada) $4,000 to sponsor a spouse, one parent, or
an adopted child. (Adoption cases often become complex so often cost more.)
+ expenses. Add $175 for each child under age 16; $250 for each child
over 16 or additional adult being sponsored. Add $300 if person is called to an interview at the Visa
Post and it is desired to help prepare the person how to respond at the
interview, what questions to be prepared for etc. If applicant pays, no sales tax as they are technically
outside Canada. If sponsor pays, tax applies. IN-CANADA
SPOUSAL SPONSORSHIP (for married or common-law husband wife or homosexual partner) $4000 for the couple and up to two minor children. Add $150 for each adult dependent being sponsored. If CIC calls an interview, fee to attend and represent
clients at interview in Greater Toronto Area is $700. If interview is
elsewhere, add $200. If applicant has a visa which expires before the sponsorship
application is filed, or expires after filed and before a decision is
made, the above fee does not include applying for an extensuon of the visa. If applicant has a DUI or DWI from the US, or a conviction from another country, above fee does not cover doing legal research and making submissions to CIC and any other expensese incurred trying to overcome this obstacle. IAD (Immigration Appeals of Sponsorship Refusals or
Removal Orders) IF RM WAS NOT COUNSEL AT ADMISSIBILITY HEARING
or RM DID NOT DO THE SPONSORSHIP: ADR (instead
of full hearing): All above are plus HST where applicable and plus expenses. ADMISSIBILITY HEARINGS (contest a Removal Order) HUMANITARIAN
AND COMPASSIONATE (H&C) APPLICATIONS $3,600 for one person, $3,900 for a couple with no kids, $4200 for a couple with 1 or 2 minor children. Add $150 for each adult dependent being sponsored, and each minor child after the first two. If CIC calls an interview, fee to attend and represent
clients at interview in Greater Toronto Area is $700. If interview is
elsewhere, add $200.
Client must reimburse RM as soon as possible or pay directly to the person
who provided the service (e.g. interpreter or process server):
Photocopies 15 cents per page
Faxes 50 cents per page sent or received
Process Serving $25 per document per place delivered (we often just fax or
mail)
Interpreters at RM's office (whatever they charge, usually about $25 per hour,
payment is usually made directly to the interpreter)
Translations of documents (whatever the translator charges, usually 20 cents
per word)
(request to Refugee Board, not Federal
Court, to re-hear a claim)
Preparation: $320 per hour, min. 2 hours
To attend at Abandonment Hearing (sometimes there are two: A Show Cause hearing
and if that fails, a final Abandonment hearing) min. fee $800
(of failed refugee claim, of failed PRRA, of failed H&C, of refusal of Visa
Office to issue a visa; fee is to prepare application, does not include hearing
time at Federal Court if permission for a hearing is granted)
If RM was original counsel:
minimum $3,500 + expenses (depends on length and complexity of decision being
reviewed)
If RM was not original counsel:
minimum $4,000 + expenses (depends on length and complexity of decision being
reviewed)
To attend and argue at Federal Court. Minimum is 8 hours at $250 = $2,000. Maximum
depends on whether RM was original counsel, whether RM prepared the Leave application,
and on complexity of case. If client desires, a maximum number of hours can be
set, e.g. 16 hours or $4000. The fee is due no later than 30 days before the
hearing date.
In rare cases the Department of Justice will concede the case at the last minute,
so there would be no hearing, but since they wait so late, I still need to prepare
so only half this fee is refunded.
A "Stay Motion" is a last ditch attempt to postpone a deportation.
There are two types, urgent and "Short Notice" (super urgent).
In late 2004 RM presented a Stay Motion before the Chief Justice and the matter
went all afternoon and then continued two days later. (RM was successful.) In
such rare cases where there is a second attendance or tele-conference, an extra
$1200 fee is payable (before the second appearance).
$3,500 - $6,000. Fees are higher for families compared to individuals. C
Minimum fee is $3500 for one person + expenses. ( If applicant has a DUI or DWI or a criminal conviction, above fee does not cover doing legal research and making submissions to CIC and any other expensese incurred trying to overcome this obstacle, if hired to do so.) Fees increase for each family member you
want to bring. Minimum fee $4000 + expenses for a married couple with no children
coming and a wife who does not plan to work. (An extra $500 to get a work permit
for a wife). Note that our fee does not include getting you a job offer. We are a law
firm, not an employment agency. Getting a job offer is usually up to you and
the employer (or you can hire a Canadian employment agency). However, sometimes
we meet employers who are willing to make job offers. It is best if you come
to Canada as a visitor and meet potential employers on your own. It is often
possible to get permanent residence after being in Canada on a work permit for
a year. See the Immigration page of this website.
(Allowed by CIC 30 days after Medical Check is completed, and as soon as PIF
is filed)
Fee covers assistance in filling out application form. Also need Certificate
of Eligibility + IRB date-stamped copy of PIF. Send all 3 to CIC Vegreville.
Keep copy in Office. Note: There is no government fee for the first work permit.
$320
If Refugee Claim fails, to renew work permit (To send renewal application with
$150 CIC fee. Allows person to keep working during PRRA & JR) Send all 3
to CIC Vegreville. Keep copy in Office.)
$320
$320 for first extension, $640 for a second extension
For list of countries which do and do not require a TRV to visit Canada go to
http://www.cic.gc.ca/english/visit/visas.html ).
This is not for student or work or business visas, which are a higher fee.
$1,500 (includes
"Letter of Invitation"). Fee to only prepare a Letter of Invitation $320 + HST.
Fee does not include preparing applicant for an interview as interviews are
usually not required. Add $320 if person is called to an interview at the Visa
Post (Canadian Consulate) and it is desired to help prepare the person how to
respond at the interview, what questions to be prepared for etc. (recommended
if an interview is required by the Visa Officer). Some clients (e.g. the person
here who is inviting the visitor) just want to pay for the Letter of Invitation
which is actually an Affidavit with various attachments.
If person already in Canada on Temporary Resident Permit: $750 If not, depends
on other factors, min. $1000
(e.g. for persons granted refugee/protected status)
Note there is a temporary suspension of sponsoring parents.
A possible alternative is the new 2 YEAR "SUPER VISA"
allowing parents to visit children for up to two years.
Fees do not include HST and expenses. E.g. Government Fees: $550 per adult application ($150 per child) + (if application is successful) $490 Permanent Residence fee per adult. Client must also pay for any translations of documents, photos, criminal record checks, medicals, ESL testing, postage, couriers, photocopies )
Full Hearing:
IF RM WAS COUNSEL AT ADMISSIBILITY HEARING or DID THE
SPONSORSHIP:
Min. $4500 More complex or difficult-to-win cases take more time so cost more.
Min. $5500 More complex or difficult-to-win cases take more time so cost more.
ADR = Alternate Dispute Resolution, basically a conference and sharing of
documents to try to settle the matter without a formal hearing.
$1500 to prepare and attend once. ($300 for each additional preparation and
$500 for each additional attendance.) If ADR is successful, that is the end.
If ADR is not successful and case goes to full hearing, deduct $1500 from the
Full Hearing fees quoted above.
To prepare and attend: Depends on complexity and amount of time spent preparing
and in hearing room. $320 per hour. Minimum $700. (Most cases
are simple and quick. If you agree to concede the allegations so that we can
move on to the IAD appeal stage quickly, only the min. fee applies. Money
is better spent at the IAD in most cases, as chances of success are much higher
there whereas chances of success at Admissibility Hearings are very low.)
(for Permanent Residence from inside
Canada for people who have no status in Canada and are supposed to leave)
Fees do not include expenses. E.g. Government Fees: $550 per adult application
($150 per child) + (if application is successful) $490 Permanent Residence fee
per adult. Client must also pay for any translations of documents, photos, criminal record checks, medicals,
ESL testing, postage, couriers, photocopies.)
CIC
COMPUTER "FOSS" CHECK
or ATTEND
AT CIC OFFICE TO INSPECT FILE
$500 to get the information and read it. Time spent meeting with client to
discuss results (if there is any new information which is harmful to the client)
and decide what to do is $250 per hour.
ATIP (Access
to Information and Privacy statutes) REQUEST
$500 to get the information and read it. Time spent meeting with client to
discuss results (if there is any new information which is harmful to the client)
and decide what to do is $250 per hour.
FILE
APPLICATION (MOTION) for CHANGE OF VENUE
of IRB matter
(request
to change location of hearing, e.g. Vancouver to Toronto)
$400
ATTEND
"CALL-IN NOTICE" INTERVIEW
WITH CLIENT and CBSA/CIC OFFICER
(Direction to Report for Pre-Removal Interview or to pick up H&C or PRRA
results)
GTEC (Mississauga) $700
Hamilton, Niagara Falls, London $900
Windsor (via my agent) $1000
This fee must be paid in cash or postal money order at least 72 hours in advance.
ATTEND
SECURITY INTERVIEWS
(CBSA, CSIS, RCMP)
at GTEC (Mississauga) $700
This fee must be paid in cash or postal money order at least 72 hours in advance.
DETENTION
REVIEWS
at Metro East Detention Centre or Scarboro CIC, Toronto (Don) Jail or 74 Victoria
St., CIC Etobicoke or Mississauga: (GTEC, Metro West Detention Centre or Immigration
Detention Centre at 385 Rexdale Blvd.), etc. I do not do these Detention Reviews anymore. Contact any of the following lawyers (or David Benning tel: 416-236-9240 is a very good paralegal consultant):
Marc Herman tel.: 416-245-2400, Steve Morris 416-778-9795, 416-450-5093 John Howorun 416 363 9355, Susan Woolner 416 925 1679
BUSINESS INCORPORATION FEES
Nowadays most people use cheap online services by paralegals, DIY online services etc.
BASIC Package:
Ontario NUANS name search for your proposed corporate name, completed Ontario
Articles of Incorporation and Form 1 Initial Filing. Filing of Articles of Incorporation
with the Ministry of Consumer and Commercial Relations. All correspondence regarding
the incorporation by email, phone or fax. $729.84 includes all taxes, disbursements,
delivery, government fees etc. (if want corporate seal add $57 + tax and shipping)
DELUXE package:
Ontario NUANS name search for your proposed corporate name, completed Ontario
Articles of Incorporation and Form 1 Initial Filing. Filing of Articles of Incorporation
with the Ministry of Consumer and Commercial Relations Completed Organizational
Minutes, Share Certificates, Shareholder's, Director's and Officer's Registers
Minute Book including: Corporate Seal, Standard Corporate By-Laws, Share Certificates
(20), Registers & Ledgers. All correspondence regarding the incorporation by
email, phone or fax. $1017.24 includes all taxes, disbursements, delivery, government
fees etc.
OPTIONAL EXTRA SERVICES:
Above fees do not include consultations and advice to help you decide about
incorporating and answer your questions. Does not include time to help you decide
on various options you must choose within the Articles and Bylaws. Above fees
do not include assisting with filling out forms, shares, and to set up Bylaws
(after the dozen options have been decided) and to fill out and file the Organizational
Meeting forms (must be held within 60 days of incorporating; likewise the Initial
Notice must be filed within 60 days): For all these services my regular consultation
fee of $2 per minute applies.
WARNINGS TO BUSINESS OWNERS: 1) Initial Notice must be filed within 60 days of incorporating. 2) Organizational Meeting must be held within 60 days of incorporating 3) Organizational Meeting is not same as first Annual Meeting of Directors and Shareholders. 4) First Shareholders' Meeting can be held as late as 18 months after incorporating. 5) First Annual Meeting of Directors date depends on corporate fiscal year. 6) You must file a Notice of Change to Ontario government if there is a change of directors, officers, addresses etc. 7) Ontario requires an annual report even if there are no changes, and this Annual Return form is usually attached to the Ontario tax return. You must file an EFF ("nil") tax return even if company owed no tax for a given year. Both Ontario and Canada can and do fine the director(s) of the corporation (not the corporation) for failing to file tax returns, regardless of whether the company profited, broke even or lost money in a given tax year. If you are served with an Ontario summons and fine, get your accountant or book-keeper to file the missing tax returns ASAP, get proof of filing, and hire me. I will negotiate a plea bargain with the prosecutors from the Ministry of Finance and get the fine reduced to $400 + surcharge and admin. fee of $90. Otherwise you are facing at least $800 + surcharge and admin. fee, or a trial with potentially many thousands in fines ($200 for each day after the filing deadline passed). Quite separate from failure to file a tax return to the Ontario government, failing to file a federal tax return bears a penalty of $1,000 to $25,000 and also possible jail time of up to a year. So again hire me if you are charged with failing to file a federal tax return, and get the return filed ASAP, even if your book-keeper or accountant wants double fees for rush work. Do not have a good accountant or book-keeper? I work closely with two in Durham. Also a financial planner in Toronto.