The complaint was screened out after a review determined that the allegation fell outside the jurisdiction of the member complaints process. The Complainant, who was legal counsel for a refugee claimant, alleged that when they objected to a question asked by the Member, the Member replied using a dry tone.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the Member's tone was professional throughout the hearing. The Chairperson's decision was to dismiss the allegations because, although tone relates to conduct, the allegation did not meet the threshold for investigation as the brief use of a dry tone cannot amount to a breach of the Code.