The Ministry of Health appealed a Divisional Court decision dismissing its application for judicial review of Human Rights Tribunal of Ontario decisions.
The Tribunal had found that the Ministry engaged in systemic gender discrimination against Ontario midwives by abandoning equitable compensation principles established in 1993, leading to a significant compensation gap between midwives and community health clinic physicians.
The Court of Appeal affirmed that the standard of review for the Tribunal's decisions is reasonableness, even post-Vavilov.
The Court held that the Adjudicator's liability and remedy decisions were reasonable, as they revealed a rational chain of analysis supported by the evidence, and dismissed the appeal.
