BARRISTERS AND SOLICITORS |
N'Takpe v. Canada (Minister of Citizenship and Immigration)
IMM-5208-01
2002 FCT 978, Blais J.
16/9/02
5 pp.
Claude Whalen, counsel for applicant, appeared before Court on September 3, 2002, to explain his conduct in this matter --For last several months, Whalen working at IRB--Unable to withdraw from file because unable to find client--Decided to continue with file to preserve client's interests--Aware of conflict of interest, but deliberately did not withdraw from file--Could easily have obtained leave to withdraw from file by explaining unable to find client--Completely aware of situation, but intentionally decided to keep his name on record, to ask Court to render decision on strength of file-- Failed to provide explanation for absence on day of hearing, August 14, 2002--Explanations provided by Whalen completely inadequate in circumstances--Fact put himself in conflict of interest, did not take immediate steps to end situation, constituting serious professional misconduct-- Given his appalling behaviour in circumstances, Whalen ordered to pay costs in amount of $1,000--Copy of this order to be sent to Chairperson of IRB and to president of Barreau du Québec, for their information.