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Rules and Procedures
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An application
regarding a fee dispute shall be considered by CGA Ontario.
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Every application
considered by CGA Ontario shall be in writing in the form of “Application” attached
hereto, or an acceptable facsimile.
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The client filing
the application shall fully identify him or herself and the Association member whose
fee the client disputes. By filing the application, the client shall agree to be
bound by the decision of the CGA mediator/valuator. Where the member agrees to the
review of the fee dispute by CGA Ontario, he or she shall also agree to be bound
by the decision of the CGA mediator/valuator.
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The application
shall not be accepted for processing by CGA Ontario unless
i.The fee in dispute is in excess of $1,000.
ii The client
certifies that the dispute is not presently the subject of any legal proceedings.
iii The client deposits
the full amount of the disputed fees (plus interest, if interest is normally charged
by the member) into a trust account with the Association’s solicitors, Koskie Minsky.
This service will be provided by Koskie Minsky, free of charge. -
CGA Ontario will
appoint a trained CGA mediator/valuator to inquire into the dispute.
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In the conduct
of its inquiry, the mediator/valuator will communicate with the client and the member
either in a joint session or separately with each party.
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The inquiry and
determination by the mediator/valuator will be conducted in an informal and expeditious
manner. Subject to these rules and procedures, the procedure followed by the mediator
will be as determined by him or her in his or her sole discretion.
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In the course
of the inquiry and determination of the dispute, neither the client nor the member
will be represented by legal counsel.
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A person attending
the valuation on behalf of the client or the member must be authorized to bind the
party to a settlement of the fee dispute.
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Upon completion
of its inquiry, the mediator will make a final and binding determination of the
dispute, which shall be communicated in writing to the client and the member. The
mediator will provide the Association’s solicitors, Koskie Minsky, with written
instructions for disbursement of the trust funds in accordance with the determination.
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Neither the client
nor the member will take any appeal from, or review of, the inquiry or determination
of the dispute to the Association, any of its committees or the courts.
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The client and
the member are contractually bound to adhere to the process set out in these Rules
and Procedures and by the determination of CGA Ontario’s mediator.
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The process provided
for by these Rules and Procedures is in the nature of a valuation of the services
rendered by the member to the client, and is not arbitration.
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Except as may
be necessary for the performance of his or her duties, the mediator shall maintain
the confidentiality of all information and documents provided to him or her by the
client and the member.
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The fee resolution
service is provided by the Association as a service to the public and the profession,
free of charge.
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The client and the member each waive and release the Association, its staff, and
the CGA mediator/valuator from any liability, whether for negligence or otherwise,
arising from or in relation to the provision of the service, the conduct of the
inquiry or the determination of the dispute.
Fee Resolution Service Forms
Agreement PDF
Information to Assist in the Resolution of Fee
Dispute PDF
Application PDF
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