Supreme Court Appeal Filed for Major Proxy Pay Equity Decision

In March, our Firm wrote about Ontario Nurses’ Association v. Participating Nursing Homes, 2021 ONCA 148. This was a major pay equity decision from Ontario’s Court of Appeal that expanded pay equity obligations for proxy-system employers. We now have confirmation that the Attorney General of Ontario and Participating Nursing Homes are seeking leave to appeal this decision to the Supreme Court of Canada.

The Supreme Court of Canada’s Registry Office had previously advised that no application for leave to appeal had been received within the required timelines (and we reported that in a webinar last week). However, further research from our firm revealed that the Supreme Court of Canada’s Registry Office was mistaken. We have since drawn their attention to the error, and they have now confirmed that they received applications for appeal in this case (though those applications were apparently incomplete when filed).

They key take away is that the Ontario Court of Appeal’s decision is not yet final – it may still be considered by the Supreme Court.

However, just because an appeal has been filed does not mean that the Supreme Court will hear it or uphold the lower court’s decision. They have a choice of whether to grant leave to appeal. We expect to hear in the weeks ahead whether they will take on the case.

PooranLaw will continue to monitor legal developments related to pay equity and this case specifically. In the meantime, if you require legal assistance in determining how these new rules apply to you or your organization, we encourage you to reach out to your regular PooranLaw lawyer, or any member of our team.

Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and the article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.