The Ministry of Health applied for judicial review of decisions by the Human Rights Tribunal of Ontario finding that the Ministry engaged in systemic gender discrimination in setting compensation for midwives.
The Tribunal found that the Ministry had abandoned historical compensation principles that aligned midwives with community health centre physicians, leading to an inequitable compensation gap.
The Divisional Court dismissed the application, holding that the Tribunal's findings of adverse treatment and the connection to sex were reasonable.
The Court also upheld the Tribunal's remedial orders, which included a 20% retroactive compensation increase and $7,500 per eligible midwife for injury to dignity.
