FAQ's Cases - Stewart McKelvey

is older, or believed that the applicant was exaggerating the nature of his injury or thatMr. Castellano was unwilling to continue to accommodate the applicant can moreclearly be considered to be harassing in nature.[85] However, I find Mr. Castellano’s testimony about the general tenor of theconversation on May 22 that the applicant was upset about his back and his futureprospects, and that Mr. Castellano was trying to be supportive, to be credible. I find itsignificant that, according to both, the applicant and Mr. Castellano used to be goodfriends (they socialized together) and I accept that the nature of the meeting was notconfrontational in nature.2012 HRTO 1455 (CanLII)[86] I find Mr. Castellano credible when he suggests that he believed the applicant tobe a good worker, that he did not have an issue with his age and that his commentsabout the applicant’s age arose when he was explaining the distinction between ageand seniority and its effect on the applicant’s opportunity for other jobs within thecompany. I find Mr. Castellano credible when he described the applicant as a goodworker, that the discussion about handouts had arisen in reference to other jobs theapplicant might apply for, that Mr. Castellano believed the applicant had other skills as alandscaper all to be credible. I accept Mr. Castellano’s testimony when he deniedhaving stated that he would not have hired the applicant because of his age, that hebelieved the applicant had exaggerating his injury and that he would not be able toaccommodate the applicant forever. It is possible, in my view, that Mr. Castellano couldhave said something that the applicant found difficult to accept or even offensive but Iam not prepared to find, based on the evidence before me that comments made by Mr.Castellano during the May 22 meeting comments constitute harassment or evidence ofdiscrimination on the basis of age or disability.[87] It is significant in my view that the applicant’s claims of harassment are notconfirmed by any contemporaneous record. The applicant testified that he told theWSIB case manager that he was subject to harassment by Mr. Castellano. However,this information is not recorded by the case manager in her notes. The applicantsuggests that this was because the case manager only wrote what she wanted.27