A review of ethical and procedural considerations when withdrawing from files involving potential client misconduct.
Included with our Passes – Learn more
Christopher Morrison and Andrew Carvajal
April 15, 2026 at 12:00pm EST
$45
1.5 hours
Attend Live Online and On-Demand Recording
This essential CPD course prepares immigration consultants and lawyers to manage cases involving client dishonesty or potential misrepresentation with professionalism, empathy, and confidence. Participants will learn how to recognize warning signs, prevent risks through thorough consultations and strong retainers, and respond appropriately when misrepresentation arises. The program reviews IRPA s.40, the CICC Code of Professional Conduct, and the LSO Rules of Professional Conduct, while providing practical tools for documentation, ethical decision-making, and withdrawal procedures. The course also explores emerging trends such as AI-based fraud detection, cross-border data sharing, and social-media investigations—equipping practitioners to safeguard their clients, their reputation, and their licence in an increasingly high-risk environment.
• Definition (IRPA s.40).
• Consequences: refusals, inadmissibility, 5-year ban, reputational harm, CICC discipline.
• Why do people misrepresent? (Empathetic approach)
o Fear of refusal or deportation.
o Cultural differences in disclosure norms. (some applicants might come from countries or cultures where omitting information to make things smoother is a norm)
o Pressure from family/employers. (family thinking that adding a previously undisclosed child would slow their approval or result in refusal)
o Past experiences with unregulated agents. (story of agent who mischaracterized the relationship in an arranged marriage visit)
o Misunderstanding questions. (clients may not know what counts as a conviction – DUIs might be handled very leniently where they are from)
o Embarrassment about their past or situation (client who wanted to falsify personal history because they did not want to say ‘unemployed’, client with secret child from another relationship)
o Feeling inconvenienced by obligations to disclose and screen non-accompanying family (client who wanted to leave out non-accompanying adult child with conviction)
o Emphasize: clients are not always acting with malicious intent.
• Direct vs. indirect misrepresentation.
o Direct and indirect misrepresentation.
o Material facts vs. immaterial facts. (story of sponsor who didn’t graduate high school)
o Misrepresentation by clients vs. representatives. (aforementioned ghost consultant who misrepresented things on behalf of client)
What to do in advance to reduce risks:
• Comprehensive consultation practices:
o Detailed intake interviews. Don’t be shy and don’t get complacent!
o Checking for inconsistencies (timelines, refusals, gaps).
o Encouraging full disclosure in a safe, non-judgmental environment.
• Strong retainers & contracts:
o Include clear and explicit clauses on honesty, misrepresentation, and consultant’s right to withdraw.
o Explain consequences in plain language.
• Client education tools:
o Disclosure checklists.
o Written warnings about misrepresentation.
o Building a “transparency-first” client relationship. “Help me help you!”
• Assess the situation:
o Is it material?
o Is it intentional or inadvertent?
o Does evidence exist to correct the record?
• Options available:
o Proceed with the case if misrepresentation can be clarified or corrected.
o Withdraw/recuse yourself if client insists on dishonesty.
• Professional strategies:
o Document all advice in writing.
o Give clients one opportunity to correct misrepresentation.
o Always protect yourself with notes and confirmations.
o Ensure that clients are the ones answering / approving all admissibility questions on forms. Don’t answer for them and assume you know the answers. (Client who did not declare a previous marriage and answered his own form questions).
• CICC Code of Professional Conduct:
o S.6 Duty of honesty and candour
o S. 9 Compliance with applicable legislation
o S. 12 Dishonesty, fraud or illegal conduct
o S. 34 Termination of service agreement
o S. 35 Mandatory termination of service agreement
• LSO Rules of Professional Conduct
o 2.1 Integrity
o 3.2-2 Honesty and Candour
o 3.2-7 Dishonesty, fraud, etc. by Client or Others
o 3.7 Withdrawal from representation
3.7-2 Optional Withdrawal
3.7-4 Mandatory Withdrawal
3.7-8 Manner of Withdrawal
• Reporting obligations:
o No duty to report clients to IRCC (unless required by law or court).
o 30 (1) Errors or omissions
o Duty to correct the record if misrepresentation is discovered before submission.
o If misrepresentation is found after submission, obligation to assist in clarifying through procedural fairness process.
• Documentation practices: intake notes, signed declarations, file memos.
• Engagement letter best practices.
• Communication strategies with difficult clients.
• When to contact insurance (proactive vs. reactive).
• Responding to complaints or investigations (CICC, IRCC, civil claims).
• Balancing advocacy and integrity.
• How empathy helps uncover hidden facts.
• Protecting your own mental health and reputation when clients lie.
• Turning misrepresentation cases into learning opportunities.
• IRCC’s increased data sharing with U.S., UK, Australia.
• IRCC’s increased investigations via social media.
• Growing use of AI and advanced fraud detection tools.
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Managing Partner
Carvajal Law
Andrew is a Toronto immigration lawyer and the Managing Lawyer of Carvajal Law. He received a Bachelor of Arts, Master of Arts, Bachelor of Laws and Bachelor of Civil Law from McGill University. He was called to the Bar of Ontario in 2011.
Andrew’s immigration practice focuses on all types of business immigration, including the relocation of foreign workers through the Temporary Foreign Worker Program and the International Mobility Program. This involves the representation of employers and employees on all types of Labour Market Impact Assessment (LMIA) applications and Canadian work permit applications. He also assists professionals and entrepreneurs around the world with permanent residence applications under federal and provincial economic programs.
Having been involved in the international student industry for over 10 years, Andrew also assists clients with study permits and visitor visas. He is the CEO of the education consulting firm mobility.study.
For over 10 years, Andrew has taught at the university and college levels, as well as professional development courses to immigration lawyers, Regulated Canadian Immigration Consultants and paralegals. He is the Curriculum Developer for LPEN and an instructor of multiple online courses and workshops dealing with labour mobility programs, permanent residence and study permits. He is also a frequent contributor to several publications dealing with immigration law and has been invited to speak about immigration changes on local and national news segments, as well as to testify before the Parliamentary Standing Committee on Citizenship and Immigration.
Prior to practising law, Andrew was a sociology professor at McGill University and a university researcher in projects dealing with criminal justice, equality laws, family transformation and social research methods. He is also the host of the biweekly wine and immigration podcast “Vivir Afuera”.
Regulated Canadian Immigration Consultant
Team Lead at Immigration Solutions Law Group, Director at Castlewell Canadian Immigration Services
Christopher Morrison has worked in the Canadian immigration field since 2007 and has been a Regulated Canadian Immigration Consultant since 2016. He is currently the Senior Consultant and Family Class Team Lead at Immigration Solutions Law Group (ISLG) and the Director of Castlewell Canadian Immigration Services.
Christopher previously served as an Instructor for the University of British Columbia’s Certificate in Immigration program, where he taught courses in Family Class Immigration and Citizenship. Throughout his career, he has worked with some of Canada’s most respected immigration law firms, including Greenberg Turner (now KPMG Law) and Fragomen Canada.
With nearly two decades of hands-on experience, Christopher has developed deep expertise across a wide range of immigration categories. His primary focus is on Family Class applications, while his broader experience spans the International Mobility Program, Temporary Foreign Worker Program, Economic and Business Classes of Permanent Residence, Express Entry, Provincial Nominee Programs, Criminal Inadmissibility, and Citizenship.
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