Héma-Québec has failed in its bid to have the Superior Court set aside a decision by the Administrative Labour Tribunal (TAT) on how ongoing pay equity is assessed. At issue is the method used to measure pay gaps between predominantly female and predominantly male job categories when determining whether pay equity is being maintained. Under the regulations, once a pay equity program is in place, an assessment must be carried out every five years to verify that pay equity is being maintained. In this case, the unions argued that the method used to evaluate pay equity couldn’t be justified in the circumstances. Héma-Québec argued that the “curve-to-curve” method could be fully applied because the Act doesn’t prohibit it. Quebec’s attorney general also intervened in support of Héma-Québec’s position, pointing to the implications the TAT’s decision could have for other cases. The tribunal ruled that the “curve-to-curve” method “is not applicable in the context of maintenance work carried out under the Act.” The Superior Court ultimately upheld the TAT’s decision, overturning the initial ruling by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). A ‘disproportionate use of judicial resources’ Superior Court Judge Luc Morin noted how long the proceedings have dragged on. “Despite the sensitivity of the case and the sacrosanct nature of the objective pursued by the Act, namely the promotion of pay equity, the Court cannot ignore the fact that the dispute between the parties dates back to 2010. And despite today’s decision, a separate set of proceedings concerning another claim under the Act, this one initiated by Héma-Québec, will continue in parallel.” He added that the dispute has spanned two decades, which he called “quite staggering.” Morin concluded that after reading the detailed decisions of the CNESST and the TAT, it is clear the dispute has received careful and considered attention from the courts, and that “a word of caution is warranted for the future.” He wrote that the parties are “clearly navigating the murky waters of the disproportionate use of judicial resources.” This report by The Canadian Press was first published in French on Nov. 2, 2026.
