Social Security Tribunal of Canada

Complaint summaries

We have a Code of Conduct for Tribunal members along with a process for how to file a complaint. We publish a summary of each complaint that we deal with under this process.

2021

2020

2019

Case No. 2019-004

The complainant was a counsel for a party in a hearing before the General Division.

The complaint was about the conduct of the member during the hearing. The complainant said that the member acted in a way that was discriminatory, and was not neutral.

The Chairperson decided to have an external investigator examine the complaint. The investigator’s job was to review the documents in the file, listen to the recording of the hearing and interview any witnesses, including the parties and the counsel.

The investigator would make findings of fact, and the Chairperson would then decide if the member had breached sections 4.1, 6.1, 6.3, 6.4 and 6.6  of the Code of Conduct.

The investigator contacted the complainant in early April, 2021 in order to meet virtually to discuss the process. The complainant did not respond to multiple requests by the investigator. The Chairperson wrote to the complainant, and said that if the meeting did not take place, the complaint would be dismissed.

The complainant agreed to a meeting, but then twice failed to attend it. The meeting eventually took place in mid-June, 2021. The complainant undertook to provide the investigator with names of witnesses and more documents. The investigator followed up repeatedly to obtain this information, but the complainant did not provide it. At the end of July, 2021, the Chairperson wrote to the complainant, and said that if the information was not provided within a week, the complaint would be dismissed.

The complainant did not provide the information. The Chairperson decided to dismiss the complaint because the complainant failed to participate in the investigation process.

Outcome: the complaint was dismissed.

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