Reconsideration not meant to re-argue previous decision: tribunal
An age discrimination claim from a job applicant who wasn't selected for an interview has been denied reconsideration at the Human Rights Tribunal of Ontario. Adjudicator Karen Borovay refused to reconsider the dismissed application on Jan. 26, 2026. Ermanno Radeschi alleged Great Canadian Entertainment discriminated against him based on age when he applied for a position but never received an interview despite being qualified. The tribunal dismissed his application in November 2025 and Borovay refused to reconsider, noting the case was nearly identical to another failed claim Radeschi had filed against a different employer.
The tribunal found Radeschi provided no factual basis for his belief that age played a role in the hiring decision. Quoting from a previous tribunal decision involving the same applicant (Radeschi v. Techtronic Industries Canada Inc., 2025 HRTO 2631), Borovay noted: “In the applicant's case, there is no pre-existing relationship with the respondent as they had never met, there is no issue of job termination, and there is no allegation by the applicant that a job vacancy was filled by a younger person.”
The tribunal stated that Radeschi failed to provide the factual foundation required: “The applicant makes no allegations as to how the hiring process was conducted, nor the characteristics of any person who was ultimately hired.”
The contrast with successful age discrimination cases was...
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