Remedy Decision

Womancare Midwives pose in front of their clinic, holding Pay Equity signage

Request and response

The Association of Ontario Midwives (AOM) sought a wide range of remedies, including but not limited to:

  • Compensation retroactive to 2005
  • Compensation for injury to dignity
  • Interest
  • Orders to promote compliance with the Code, which would reform the compensation practices of the Ministry of Health and enhance the bargaining relationship between the parties 

The Ministry of Health (MOH) argued that any remedial order should be prospective in application on the basis that the Interim Decision represents a substantial change in the law. The MOH is also requesting that any remedial order identify with precision the required changes to the process for setting midwives’ compensation. The MOH has also raised arguments that would bar or limit the entitlement of some midwives to compensation.