How have the courts dealt with allegations of misrepresentation in a telephone call?

In Law Society of BC v. Vlug, 2014 LSBC 9 (CanLII), 2014 LSBC 09, the panel considered an allegation that the respondent misrepresented to the court the contents of a telephone call with another counsel. The disposition of Vlug was partly reversed on review, but the initial hearing panel’s decision contains a convenient summary of the principles and authorities:

It is of fundamental importance that lawyers ensure that any representations that are made to a court or regulator are made so that the court or regulator need not have to make further inquiry. In Law Society of BC v. Galambos, 2007 LSBC 31, the hearing panel made a finding of professional misconduct in respect of a misrepresentation the respondent made to the court.

In Law Society of BC v. Samuels, [1999] LSBC 36, the hearing panel considered misleading statements a lawyer made to the court and found professional misconduct in respect of those statements. The panel commented at paragraph 12: It is an essential cornerstone of our system of justice that counsel’s submissions reflect the actuality. Any departure is an assault on the integrity of that system.