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Ontario, Canada Appeal Court Affirms Finding That Midwives Were Underpaid Due To Gender Discrimination

In Ontario (Health) v. Association of Ontario Midwives, the Court of Appeal for Ontario (OCA) was satisfied with the reasonableness of the Human Rights Tribunal of Ontario's (HRTO) finding that the Ministry of Health (MOH) subjected midwives to pay discrimination on the basis of gender, and of the HRTO's remedy in the matter. Accordingly, the OCA dismissed the MOH's appeal of the decision of the Divisional Court, which denied an application for judicial review of the HRTO's liability and remedy decisions.

As previously discussed, the HRTO found in favor of the Association of Ontario Midwives (AOM) that the MOH unlawfully underpaid midwives due to gender discrimination, and ordered the MOH to (i) implement a 20% wage adjustment for eligible midwives retroactively to April 1, 2011; and (ii) provide damages of $7,500.00 to each eligible midwife for injury to dignity, feelings, and self-respect.

With the OCA's finding that both the HRTO's liability and remedy decisions were justified...

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