Mary Cornish

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.

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.

The moving party sought a stay of a Human Rights Tribunal of Ontario remedial decision pending the outcome of its judicial review application.

The moving party argued that compliance with the remedial orders would divert critical resources away from the COVID-19 pandemic response.

Applying the RJR-MacDonald test, the Divisional Court found that the moving party established a serious issue to be tried, irreparable harm to the public interest, and that the balance of convenience favoured a stay.

The motion was granted, and the Tribunal's orders were stayed until 10 days following the release of the judicial review decision.

A case management endorsement setting out the procedure for an upcoming virtual hearing before a three-judge panel of the Divisional Court during the COVID-19 pandemic.

The court provided directions on electronic filings, videoconferencing protocols, and public access.

The applicant's motion to stay the impugned decision was adjourned to the panel, with the court declining the respondent's request to adjourn it to a single judge after the hearing.

A case management endorsement providing directions for an upcoming virtual hearing before a three-judge panel of the Divisional Court during the COVID-19 pandemic.

The court outlined procedures for videoconferencing, electronic filing of materials, and the format of the hearing.

The court also directed that Ontario's motion to stay the impugned decision be adjourned to the panel hearing the application, rather than being heard by a single judge.

Following an application for judicial review involving the interpretation of the Pay Equity Act and the Human Rights Code, the successful respondent sought costs of $47,506.45 on a partial indemnity basis.

The applicant argued for a lower quantum of $10,000 based on expectations in the labour relations community.

The Divisional Court found the respondent's request exceeded reasonable expectations but acknowledged the importance of the case, awarding costs to the respondent in the amount of $20,000 inclusive of HST and disbursements.

The applicants sought judicial review of two decisions of the Pay Equity Hearings Tribunal.

The Tribunal had dismissed applications by the unions to eliminate different rates of progression through the wage grids of comparable male and female job classes, holding that the Pay Equity Act does not require the harmonization of wage grids.

The Tribunal also rejected the argument that its interpretation of the Act authorized a contravention of the Human Rights Code.

The Divisional Court dismissed the applications for judicial review, finding that the Tribunal's decisions were reasonable and that the Pay Equity Act does not require or authorize a contravention of the Human Rights Code.

The Equal Pay Coalition brought a motion for leave to intervene as a friend of the court in a judicial review of a decision by the Pay Equity Hearings Tribunal.

The underlying application concerned whether the employer failed to maintain compensation practices providing for pay equity.

The employer opposed the intervention, arguing the Coalition would not make a useful contribution and would duplicate the union's submissions.

The Divisional Court granted the motion, finding the Coalition could bring a broader perspective and constructive contribution to the issues, particularly regarding international conventions and the relationship between the Pay Equity Act and the Human Rights Code.

The intervention was granted subject to strict limits on the Coalition's participation.

The respondent employee accepted a severance package and signed a full and final release of all claims against the applicant employers.

She subsequently filed a complaint under the Pay Equity Act.

The Pay Equity Hearings Tribunal held that the release did not bar her complaint because the employers had not complied with the Act prior to the release.

On judicial review, the Divisional Court quashed the Tribunal's decision, holding that parties may contract out of the Pay Equity Act when settling a claim, and the unequivocal release barred the employee's complaint.

The applicant employer sought judicial review of a Pay Equity Hearings Tribunal decision that allowed a former employee to pursue a pay equity complaint despite having signed a full and final release upon termination.

The Divisional Court (majority) quashed the Tribunal's decision, holding that the release was a binding contract that barred the complaint, and the Tribunal's interpretation to the contrary was incorrect.

A dissenting opinion would have dismissed the application, emphasizing the systemic and proactive nature of the Pay Equity Act and the Tribunal's specialized jurisdiction.