The complaint was screened out after a review determined that the allegations fell outside the jurisdiction of the member complaints process. The Complainant, who was counsel for a claimant whose file was heard by an RPD member, stated that their application for Change of Date and Time (CDT) was denied, and was ordered to be present and ready to proceed. The Complainant alleges that when they connected to the hearing, the Member told them that they had acted improperly and breached the rules of ethics as well as the IRB rules.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegations were either not related to conduct or had no evidence to support them. The Member's remarks to the Complainant regarding counsel conduct is part of their adjudicative independence, and a preliminary review of the hearing determined that the Member's tone and demeanour were professional. The Chairperson's decision was to dismiss the allegations as they fell outside the scope of the Procedures for Making a Complaint about a Member.