Benmor Family Law Group takes great care to meet its legal, professional and ethical obligations to its clients in accordance with the Rules of Professional Conduct, as published by the Law Society of Upper Canada.
Before legal services are provided, Benmor Family Law Group enters into a retainer agreement with its clients setting out the terms and conditions of the professional relationship. Before legal services are provided, all clients read, understand and agree to the terms and conditions of the professional relationship. All clients are required to deliver payment for each account for fees or disbursements rendered. Payment may be made by cheque, credit card or interac payment.
Benmor Family Law Group does not offer payment plans.
Monies held by Benmor Family Law Group in trust are released to the client at the completion of the case, after first applying it to any outstanding balance. Any unpaid accounts bear interest at the rate shown on the account and in accordance with the Solicitors Act and the Courts of Justice Act.
Clients may discuss the time dockets, description of the legal services provided, calculations as set out in the account(s), explanation for the disbursements as set out in the account or any matter related to the account for fees and disbursements within 30 days from the date of delivery of the respective account.
Each client has been notified that s/he has the right to request a hearing by an Assessment Officer under the Solicitors Act to examine the account and determine whether the fees and disbursements as payable are fair and reasonable. This right expires within 30 days from the date of delivery of the account for fees and disbursements. After this time has expired, the client may have forfeited such right unless there were special circumstances that would justify such an extension of time. Despite this right afforded to the client under the Solicitors Act, both the client and Benmor Family Law Group have agreed to submit any dispute regarding accounts for fees and disbursements to private mediation/arbitration under the Arbitration Act based on the exact same provisions under the Solicitors Act with any one of Thomas Dart, Eric Gossin or Edwin Upenieks (or such other mediator and arbitrator as the client and Benmor Family Law Group may agree to). Benmor Family Law Group may select the mediator/arbitrator in its sole discretion if the client does not make a selection within 30 days from the date of written demand for payment. The client and Benmor Family Law Group are responsible for one-half of the costs of this process (subject to reapportionment at the conclusion of the arbitration). Neither the client nor Benmor Family Law Group are contracting out of the statutory protections contained in the Solicitors Act but, on the contrary, the mediation/arbitration shall be conducted in accordance with them. The client and Benmor Family Law Group understand that neither party may unilaterally withdraw from their agreement to submit any dispute regarding accounts for fees and disbursements to mediation/arbitration under the Arbitration Act and each party has waived his or her right to an Assessment Hearing by an Assessment Officer under the Solicitors Act.
Based on the foregoing terms and conditions, Benmor Family Law Group does not provide a refund for its services, except as determined in arbitration.