QUALITY OF SERVICE: JOINT CLIENTS

Daniel and his wife Juanita consult with Fathima to represent them on a spousal sponsorship application to obtain permanent residence for Juanita.

At their first meeting, Fathima explains the forms, documents and fees required, and what processes to expect. The couple decides to proceed. They both sign the service agreement with Fathima and make the down payment. Fathima will represent Daniel (the Sponsor) and Juanita (the Applicant) on the application. They book another appointment for next week to get started.

The following week, Juanita attends the meeting alone, explaining that she and Daniel argued the night before and Daniel has now gone to his parents' house to cool off. Fathima asks if Juanita is okay. She is, but says she is having doubts about whether she should have gone through with the marriage. Fathima obtains some details from her for the forms.

A few days later, Juanita calls Fathima in the evening. She is upset and complains that everything turns into an argument with Daniel, "money, chores, meals, you name it". She does not know what to do any more. Fathima empathizes with Juanita. By the end of the call, Juanita assures Fathima that everything will probably be okay and apologizes for bothering her at home. The next day she drops off the documents requested.

Fathima continues to work on the forms. When finished, she calls both spouses in to review and sign the forms. Both parties indicate they went through a rough patch, but everything is fine now. They approve the package. Fathima submits the paper sponsorship application to IRCC and confirms for the clients the date of delivery.

Three weeks later Juanita calls Fathima to tell her she is ending it with Daniel. The last argument escalated and he slapped her. She has now left him and has no intention of returning. She does not want to proceed with the sponsorship and asks Fathima to discontinue it. However, she wonders if Fathima can help her apply for PR in another category. She heard of the humanitarian & compassionate category which might work for an abused woman. Fathima says she will have to think about that.

Q1. Identify who is Fathima's client(s) here, with reference to the definition of client.

Q2. Identify at least three provisions of theCodewhich may have been breached by Fathima before the case was filed; explain at what point in time she breached each provision, and how her actions or omissions constitute a breach.

Q3:Describe Fathima's situation from the perspective of terminating the service agreement in these circumstances given Sections 34 and 35 of theCode. Explanation should clearly indicate how this would apply to Fathima and any steps she must or should take.