Reference no: EM133810934
Case Study: Family Involvement
Raj Bardwal, a prominent immigration consultant in Brampton, has a brother Devinder who owns a successful Indian restaurant in downtown Brampton. Raj frequently goes there to unwind and have a meal. Devinder's head cook, Samesh, works full-time on an open work permit obtained after completing college. Devinder loves to chat with Raj about immigration, and genuinely hopes Samesh will get permanent residence - he is the best cook they ever had.
When Raj popped into the restaurant one day, Devinder was frantic. Samesh had been detained by immigration authorities. He had been drunk, out on the street threatening the neighbours. He now faces several criminal charges for uttering threats. It seemed so out of character for him and Devinder wanted to help. Raj visited Samesh in detention and agreed to represent him at his detention hearing.
Devinder was willing to post a bond for Samesh's release and pay Raj's fees to represent him. Consequently, the Immigration Division released Samesh on a cash deposit of $5000 and various conditions. Samesh went back to cooking at the restaurant.
Devinder phoned Raj to come down to the restaurant; he wanted to discuss something urgent with him. Samesh seemed to be drunk on the job and dumped a bottle of hot sauce on a customer's chicken. It was a nasty scene which Devinder eventually managed to deflect, but he changed his mind about further supporting Samesh. He has now fired him and wants his $5000 back as well. He believes Samesh has violated his conditions of release and should be back in detention, maybe even deported.
Discussion Questions
At the time when Samesh first retained Raj, did Raj have an actual conflict of interest? Was there a potential conflict of interest? Explain your answer with reference to the facts and the definition of "conflict of interest" in section 1(2) of the Code.
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