Question
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
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.
The following week, 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.
Considering subsections 15(1) and 15(2), is this a situation where Raj could inform Samesh of the conflict of interest Raj now has due to his brother's involvement and ask Samesh to consent in writing to Raj continuing to be his Representative regardless? Explain.
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