HReview Breakfast Seminar Archive: 2026

2026 has been a very busy year! From key new caselaw – some of it good for employers, for a change – to new legislation, there is a lot to discuss.

Join us as we examine:

1. Key new caselaw

• Employment agreements: Ontario courts more willing to uphold termination provisions.
• Bonus and equity compensation: Contractual language that mitigates risk, post termination.
• Mitigation earnings: How new caselaw can impact litigation strategy.
• Remote work: B.C. Court of Appeal says remote work can become a term of employment.
• And more…

2. New and upcoming legislation across Canada

• Employment Insurance: Tariff relief and special measures across Canada.
• Employment standards legislation: Amendments in Saskatchewan, Nova Scotia, and PEI.
• Protecting Ontario’s Workers and Economic Resilience Act, 2026: Proposed changes to the Employment Standards Act, Labour Relations Act, Occupational Health and Safety Act and Workplace Safety and Insurance Act.
• Federal: Substantial changes to the Canada Labour Code impacting federally regulated collective bargaining.

3. Trends for 2027

• Workplace investigations under scrutiny: Increased focus on the investigation process.
• Unprecedented damage awards.
• Restructuring in an uncertain economy: Government programs available to assist (e.g., work-sharing, funding opportunities, etc.).
• Pay transparency and the impact on recruitment: Risks and best practices including, human rights complaints based on equal pay, employee morale (“why am I at the bottom of the range?”), and more.
• Artificial Intelligence: Risks and liabilities (follow-up from our September HReview).

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AI in the workplace is here to stay.  Yet, many employers use AI without understanding the potential risks and liabilities. Join us as we address key AI-related risks, and strategies to manage them.

1. Recruitment and Human Resources

• Risks associated with:
  • Bias and human rights (direct and indirect)
  • Using AI to draft employment contracts, policies, etc.
  • Using AI to inform HR-related decisions
• Disclosure/transparency obligations
• Employer liability when using third-party software

2. Privacy

• Dos and don’ts of using AI to monitor productivity, performance, and remote work
• Existing laws and what’s coming down the pipe across Canada

3. Legal Privilege and Confidentiality

• Inadvertent waiver of legal privilege
• Nothing is “automatically” confidential in the world of AI

4. AI Use Policy

• Why have one?
• What should a policy include?

5. Collective Agreement Considerations

• Potential impact on provisions regarding technological change, contracting out, etc.

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According to a 2020 Statistics Canada survey, 47% of women and 31% of men reported being the subject of some form of harassment or sexual assault in the workplace. Workers aged 15 to 24 reported the highest rates, with more than half of women reporting the incident involved a co-worker (including a boss) and 13% reporting a client or customer.  Moral of this story… even the most diligent employer is not insulated from the actions of a rogue or unchecked employee, senior officer, client or customer.

Join us as we discuss:

1. Employer Legal Obligations

• What is (and is not) “harassment” under human rights and health and safety legislation?
• What must be included in a workplace harassment and violence policy and program?
• Risks of non-compliance: human rights damages, OHSA order, civil liability, reputational harm

2. Prevention Strategies

• Recognizing high risk environments and situations
• Employee and supervisor training
• How to address virtual or off-duty harassment
• Progressive discipline

3. Responding to a Complaint

• Reporting mechanisms and employer responsibilities
• Maintaining confidentiality and avoiding retaliation
• When and how to investigate
• Internal vs. external investigator considerations

4. Corrective Action and Remedial Measures

• Post-investigation discipline
• Returning parties to the workplace

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Given its broad application to employers and employees, one might expect employment standards legislation to be relatively straight forward and easy to apply. Sadly, it’s not. Join us for a deep dive into the Ontario Employment Standards Act, 2000 (“ESA”) (and a sprinkle of other provinces), including common pitfalls, and best practices to minimize risk. Topics include:

1. Employee Misclassification

• Independent contractors? Volunteers? Interns? Students? Does the ESA apply?

2. Overtime and Hours of Work

• Who is (and is not) entitled to overtime pay
• Strategies to manage overtime costs
• Tracking and managing remote employees
• The “three-hour” rule and when it applies 

3. Vacation Time and Pay

• Distinguishing between “time” and “pay” (and why it matters)
• Calculating vacation pay (not as simple as it seems)
• “Greater right or benefit” (don’t give more than you bargained for)
• Vacation scheduling and carry-over

4. Termination for “Wilful Misconduct” (ESA) versus “Just Cause” (common law)

• How these different standards can be costly (unless you draft carefully) 

5. Why an Employee’s Remote Work Location Matters

• When the ESA applies to an employee temporarily out of the province