As your small or medium-sized business grows, you’ll face more complex employment law questions. When those issues arise, one big decision often follows: should you hire an in-house lawyer, or rely on external legal counsel?

While having a lawyer on your payroll may sound convenient, many growing companies find the costs and responsibilities outweigh the benefits. That’s where partnering with a boutique employment law firm like SpringLaw can make all the difference.

Why Some Businesses Hire In-House Counsel

Having an in-house lawyer can seem like a logical next step for a business that’s scaling. The appeal comes down to three main benefits:

  1. They’re always available.
  2. They understand your company’s history and culture.
  3. They can influence business strategy.

But for many businesses still finding their footing, hiring in-house legal support may not yet make financial or operational sense.

When Your Business Isn’t Ready for an In-House Lawyer

Before hiring in-house counsel, ask yourself:

  • Do we have enough ongoing legal work to justify a full-time role?
  • Will this lawyer have the right expertise for all our legal needs?
  • Can we provide the technology, mentorship, and support they’ll need?
  • Does our budget allow for a permanent legal salary, benefits, and training?

For most growing companies, the honest answer to at least one of those questions is “not yet.”

Keep Your Focus on Growth And Get the Legal Help You Need

As you scale, your top priorities are building efficient systems, attracting investors, and maintaining healthy cash flow. Employment law can play a key role in this success especially when it comes to retaining top talent and reducing costly turnover.

Working with an external employment law team gives you access to specialized expertise without long-term overhead. Boutique firms, in particular, are agile enough to act as an extension of your team while keeping costs predictable.

The Boutique Firm Advantage

Boutique law firms like SpringLaw offer the flexibility, experience, and strategy you need without the heavy commitment of hiring full-time counsel. Here’s why:

  1. A full team of lawyers is ready when you need them.
  2. Each lawyer brings diverse experience, offering strategic insight into your business challenges.
  3. You get tailored advice from specialists across employment, human rights, and workplace tech law.

In short, you gain a knowledgeable legal team that’s responsive, adaptable, and invested in your success.

Smart Business Leaders Partner with SpringLaw

Partnering with external counsel like SpringLaw gives your business a strategic edge:

  • Get timely, expert advice for every unique workplace issue.
  • Access legal guidance on best practices for managing your workforce.
  • Reduce costs and limit employment law risks compared to hiring in-house.
  • Pay only for the services you need, when you need them.

What We Do Best

At SpringLaw, we focus on supporting employers through every stage of workforce growth. Our services include:

  • Full-service workforce management
  • Cross-border employment (Canada and the U.S.)
  • Remote and hybrid workplace compliance
  • AI and technology use in employment

We’re a virtual, tech-forward team that meets your business where it is—and helps it grow confidently and compliantly.

Let’s Build a Stronger, Smarter Workplace Together

Your business deserves legal support that grows with you, not ahead of you. Whether you’re hiring your first employee or expanding across borders, SpringLaw is here to guide you every step of the way.👉 Connect with us today to find out how our boutique employment law team can help your business scale with confidence.


Grounds and Areas of Protection Under Ontario’s Human Rights Code — Including Contractual Protections

Ontario’s Human Rights Code (the “Code”) protects people from discrimination and harassment in specific areas of public life based on personal characteristics, known as “grounds.” The settings where these protections apply are called “areas.”

Knowing these protections—and how they extend to contracts—is essential for both employers and employees navigating modern work and business relationships.

Protected Grounds

The Code lists 15 protected grounds, including:

  • Age
  • Ancestry, colour, race
  • Citizenship
  • Ethnic origin, place of origin
  • Creed (religion)
  • Disability
  • Family status
  • Marital status
  • Gender identity and gender expression
  • Sex (including pregnancy and breastfeeding)
  • Sexual orientation
  • Record of offences

These categories ensure that people are treated fairly and not excluded based on who they are or where they come from.

Areas of Protection

The Code applies in several key areas of public life, especially where power imbalances or systemic discrimination are likely to appear.

Protection applies in:

  • Employment – Hiring, promotions, compensation, workplace culture, and termination.
  • Services, goods, and facilities – Retail, restaurants, education, healthcare, and other service environments.
  • Accommodation (housing) – Renting, buying, or accessing housing.
  • Membership in unions and professional associations – Ensuring access to representation and collective benefits.

In each area, discrimination or harassment based on any protected ground is prohibited.

Protection in Contracts: A Hidden but Important Layer

Beyond workplaces and services, the Code also protects against discrimination in contracts under section 3:

“Every person having legal capacity has a right to contract on equal terms without discrimination because of [protected grounds].”

This means that individuals and businesses have the right to enter and carry out contracts without facing bias or exclusion based on protected grounds.

While other provinces include similar protections, Ontario’s section 3 is written more broadly and interpreted more protectively. Courts have confirmed that these rights apply both when forming a contract and while it’s being carried out.

In practice, this can include situations like:

  • A subcontractor denied opportunities because of their race or disability.
  • An independent consultant excluded from projects due to gender identity or family status.

Even outside a traditional “employment” relationship, discriminatory treatment in a business-to-business contract may still breach the Code.

Why It Matters

The Code’s broad protection—across employment, services, housing, membership, and contracts—reinforces Ontario’s commitment to fairness and dignity in every part of public life.

As business models and workplaces evolve, understanding how these human rights protections extend to contractual and freelance relationships is increasingly important. Whether you’re an employer drafting agreements, a contractor seeking equal treatment, or a service provider navigating obligations, the Code’s reach ensures everyone has a fair chance to work, grow, and do business on equal terms.

 Need help reviewing your workplace policies, contracts, or compliance practices?
Our team can help you build a fair, legally sound framework for your organization.  Book a call with SpringLaw’s team to get started.

As of October 1, 2025, minimum wage rates have officially increased in several provinces. Employers should review their payroll practices to ensure they remain compliant with the new rates and related employment standards obligations.

New Minimum Wage Rates

The following provincial increases came into effect on October 1:

  • Ontario – from $17.20 to $17.60 per hour
  • Manitoba – from $15.80 to $16.00 per hour
  • Nova Scotia – from $15.70 to $16.50 per hour
  • Prince Edward Island (PEI) – from $16.00 to $16.60 per hour
  • Saskatchewan – from $15.00 to $15.35 per hour

Ontario’s Minimum Wage Update

Ontario’s general minimum wage is now $17.60 per hour. This rate applies to most provincially regulated employees. Special minimum wage rules continue to apply to certain groups, including:

  • Students under 18,
  • Hunting, fishing, and wilderness guides,
  • Homeworkers, and
  • Employees paid partly or wholly on commission (whose total pay must meet or exceed minimum wage for every hour worked).

Employers should review the Employment Standards Act (ESA) Guide for details on these categories.

Employer Obligations

Employers must ensure all employees are paid at least the applicable minimum wage. There is no legal requirement to increase wages for employees already earning above the new minimum.

Non-compliance can expose employers to:

  • Ministry of Labour complaints,
  • Orders to repay unpaid wages, and
  • Penalties for ESA breaches.

Since employees have up to two years to bring a claim, it’s critical that payroll practices reflect current wage standards.

Remote Work Considerations

With more employees working remotely, employers should be aware that minimum wage requirements depend on the province where the employee physically performs the work, not the employer’s location. This means payroll compliance may vary within a single workforce if employees are spread across multiple provinces.

Key Takeaways for Employers

  • Review employment contracts and payroll systems to confirm compliance with the October 1, 2025 wage increases.
  • Note exemptions: some categories of workers remain subject to special wage rules.
  • Plan ahead: minimum wage changes are typically announced in the spring and take effect on or about October 1 each year.
  • Stay current: employees can file ESA claims for up to two years, so ongoing compliance avoids unexpected backpay obligations.
  • Account for remote work: apply the employment standards of the province where employees are working.

 💡Need support navigating these changes? Reach out for a consultation to ensure your workplace remains compliant.

Employment contracts shouldn’t be considered “set it and forget it” documents. With what feels like almost constantly evolving case law, employers need to keep contracts up to date or risk having key provisions thrown out by a court. 

If a termination clause is found to be invalid, the promises in your contract (most typically limiting notice to minimum standards) can be replaced by much more generous common law entitlements. Depending on the circumstances, that could mean months of additional pay you didn’t budget for. 

In this blog, we’ll take a brief look at two recent decisions in Ontario, which are now heading to Ontario’s top court, and explain what it could mean for your contracts going forward. 

Ontario’s Duelling Decisions 

Recently, two Judges of Ontario’s Superior Court of Justice seemed to come to two different conclusions about similar phrasing found in the termination provisions of two employment contracts. 

In the first case, the Court found, in part, that the phrase “we may terminate your employment at any time” was unenforceable. The Court concluded that the termination provision was unenforceable because Ontario’s Employment Standards Act prohibits the employer from terminating at particular times, including at the conclusion of an employees leave or in reprisal for attempting to exercise a right under the Act. Given the ESA prohibits termination at these times, a provision allowing for termination “at any time” was unenforceable according to the Court. 

In the second case, the Court found, in part, that the phrase “…the Company may terminate your employment at any time for any reason…by providing you with only the minimum statutory amount of written notice required by the ESA…” was in fact enforceable. While the Court acknowledged the result in the first case, it determined that the termination provisions in each case were distinguishable. Unfortunately, the Court did not explain exactly how the two provisions differed. 

Now What? Appeals and Takeaways

As it turns out, Ontario’s top court has just announced that it will hear the appeal of the two cases together early next year.  This should hopefully bring some much needed clarity on the enforceability of termination provisions which include the term “at any time”. 

If you’ve made it to this point of the blog, despite the caselaw discussion, congratulations and thank you for letting us nerd out. Now’s let’s talk in practicalities:

  • As you may have noticed, Ontario Courts have a lot to say about whether or not a termination provision will really hold up;
  • If the termination provision in your employment agreement doesn’t hold up, the promises in your contract when it comes to termination entitlements could be replaced by far more generous entitlements; 
  • From our perspective, it’s always the right time to get in touch, to have your employment contracts audited for compliance. 

The Case for Diversity

Beyond all the moral and ethical reasons for promoting a diverse workforce, the business case for diversity is clear. 

A decade ago, a McKinsey study of 366 companies in Canada, Latin America, the United Kingdom, and the United States found clear business advantages for diverse businesses.

According to the study, companies in the top 25% for racial and ethnic diversity were 35% more likely to have greater financial returns than the industry medians in their respective countries. Likewise, companies in the top 25% for gender diversity were 15% more likely to perform better than their respective industry medians. 

A 2020 Glassdoor survey found that the majority (76%) of employees or job seekers consider diversity as a key factor when evaluating companies and job offers. The survey also showed that nearly a third (32%) of candidates would simply not apply to a job at a company that lacks diversity. 

The benefits don’t end there. According to Great Place to Work, diversity and inclusion are associated with greater employee retention, pride, and desire to go to work 

The Problem with Hiring

Yet, bias in hiring is still preventing companies from achieving their goals when it comes to diversifying their workforces.

Even before the widespread use of AI, in 2017, the research was clear that resumes with racialized names got fewer callbacks compared to otherwise equivalent resumes. For resumes with Black or Asian names, this meant a 30% to 50% lower callback rate.

Factors like race, country of origin, immigration status, Indigeneity, gender and physical appearance continue to be barriers to hiring otherwise qualified candidates. 

Now, with AI adoption rapidly increasing among companies (to the tune of 98.4% for Fortune 500 companies), there are concerns that AI can automate discrimination in some cases. A study in 2024, for example, found that popular AI resume screening tools favour white and male candidates. 

Of course, it doesn’t have to be this way. 

Using AI to Promote Diversity

AI holds the promise of helping companies increase diversity in the workplace. In fact, companies are doing that already.

  • Unilever, for example, has recently used AI to increase the hiring of people from underrepresented groups by 16%, all while speeding up its recruitment process. 
  • Cisco has increased the number of women applying to positions by 10% by using tools from Textio, a company that develops AI tools with gender diversity in mind.
  • Software company Atlassian more than doubled its recruitment of women for technical roles in a three year period by using Textio.

While many AI tools are paid, some are free and can be leveraged by any business, no matter the size.

  • Gender Decoder, for example, is a free tool that checks job advertisements to see if they contain words that are masculine or feminine coded. It’s based on research showing that job postings that include more male wording tend to appeal less to women. As a result, this tool can help you make your job postings more gender neutral and attract a greater number of candidates.

If you decide to pay for AI based recruitment tools, be sure to consider the following:

  • Does the AI company use fairness-aware algorithms? Make sure the AI system analyzes data for demographic parity and that it is tested regularly for biases.
  • What kind of diversity are you looking to increase in your organization, and how does the AI system address that? Different companies may provide tools that are better suited to achieving different goals.
  • Is diversity one of the AI company’s main objectives? Ensure that the company does more than simply offer a non-biased AI tool.
  • Does the AI company provide training for hiring managers and HR professionals? Your employees need to be trained on how to use AI effectively, its limitations, and how to interpret its results.
  • Who will be making the final decisions? Ensure a human always makes the call of who to hire, as AI systems are there to assist, not replace human decision making.
Thinking about how to diversify your workforce or introduce AI in your recruitment process? Don’t hesitate to reach out. 

And, if you’re looking for a deeper dive into the legal and policy issues around AI at work, then watch our recent SpringForward webinar on AI and the Future of Work, where we explore AI’s impact on hiring, performance management, and termination, plus what you need to know about legal risks, disclosure rules, and privacy compliance. You’ll find it on our YouTube channel.

The way your team works is directly influenced by the spaces they work in. For employers, that means your hybrid or remote workforce’s productivity, creativity, and wellness are closely tied to their environment. Architect and author Donald M. Rattner put it this way:

“Our mental space (i.e. idea space) expands and contracts in direct proportion to our perception of physical space, both real and imagined.”

For business leaders, this isn’t just about home office décor; it’s about building policies and practices that support employee performance and wellbeing. Employers who take remote workspace design and wellness seriously can boost innovation, reduce burnout, and demonstrate compliance with evolving workplace expectations.

Here’s how employers can help their teams (and themselves) work better, without breaking the bank!

Why Employers Should Care About Home Workspaces

  • Productivity is a compliance and performance issue: A cluttered, poorly designed home office can lead to stress, mistakes, and lower output. For employers, that can mean: risk whether in missed deadlines, health claims, or accommodation requests. 
  • Wellness policies matter: With hybrid and remote work becoming the norm, regulators and courts are paying closer attention to employer obligations. A thoughtful approach to workspace design can support your duty to provide a safe and healthy work environment. 
  • Culture and retention: Small investments in supporting employees’ remote setups through stipends, flexible policies, or guidance can pay off in employee loyalty and engagement. 

Practical Tips for Productive Remote Workspaces

1. Encourage Dedicated Work Zones

Employers should make it clear: working from bed is not the policy. A designated workspace helps employees mentally switch into “work mode.” This improves focus and reduces stress, which benefits both employer and employee.

2. Light and Layout Affect Performance

Natural light and a good view can reduce mental fatigue and spark problem-solving. If windows aren’t available, large landscape art or calming visuals work as substitutes. Employers can share resources or offer allowances for items like ergonomic desks, chairs, or lighting.

3. Symbolic and Personal Touches Support Creativity

High ceilings aren’t practical for everyone, but surrounding employees with meaningful items such as: artwork or mementoes, can encourage expansive thinking. Employers can integrate this into wellness programs by providing stipends for art or décor that support focus.

4. Plants and Natural Elements Boost Focus

Studies show greenery and natural objects reduce stress and improve cognitive flexibility. Employers who encourage (or even subsidize) plants and natural elements send the message that they value employee wellbeing.

Legal & HR Implications for Employers

  • Remote Work Policies: Make sure your Remote and Hybrid Work Policies are up-to-date, compliant, and clear on expectations around home office setups. 
  • Wellness & Accommodation: Employers have obligations to accommodate disabilities, including supporting ergonomic or stress-reducing environments where reasonable. 
  • Compliance is cheaper than conflict: As we remind our clients, compliance costs less than litigation. Proactive policies help prevent disputes over burnout, stress leave, or unsafe home setups. 

The Trend: Remote Work + Wellness = The New Normal

In 2025, Canadian job seekers are overwhelmingly choosing remote or hybrid roles. Robert Half’s Canadian Remote Work Statistics and Trends 2025 report confirms this shift. At the same time, the Global Wellness Institute highlights workplace wellbeing as a top organizational priority.

Employers who ignore these realities risk higher turnover, legal exposure, and falling behind in the competition for talent.

Takeaway for Employers

Your employees’ environments affect their performance and your business outcomes. Supporting better home office setups isn’t just “nice to have.” It’s:

  • a compliance strategy,
  • a productivity tool, and
  • a retention advantage. 

At SpringLaw, we help employers design Remote Work and Wellness Policies that are practical, legally sound, and aligned with how Canadians work today.

Need help reviewing your policies or building a compliant remote work framework? Let’s talk.

Expanding into Canada brings opportunity, but also complexity. From tax obligations to compliance issues, managing employment in a new country requires careful planning. For many international companies, outsourcing HR and payroll functions is a strategic move. However, not all third-party employment solutions are the same.

Continue Reading Choosing the Right Employer Service Model in Canada: PEOs vs EORs vs Staffing Agencies

Since the amendment of the Employment Standards Act, 2000 (“ESA”) in 2022, Ontario employers with 25 or more employees as of Jan 1 are legally required to implement a written “disconnecting from work” policy. On paper, it sounds like a big shift. In reality, these policies do little for an already flexible or metrics-driven workforce that has moved beyond the traditional Mon-Fri or 9-5 dynamic. 

If your business already operates with a flexible, remote or asynchronous model, you might be wondering: Do we still need a formal disconnect policy? 

Continue Reading Your Workplace May Be Flexible, But Your Disconnecting Policy Obligations Are Not

When we meet with employers regarding a needed change or a tough new situation at work, we often find that mention of constructive dismissal can really catch employers off guard. When it comes to constructive dismissal, there’s no termination meeting or official decision by the employer, but the law can still treat the situation as if the employee was fired.

Substantial changes to a job, or a work environment that becomes so bad, the employee feels they have no reasonable choice but to leave, can trigger a constructive dismissal. Ultimately, constructive dismissal creates the same obligations for the employer as a termination, including paying termination pay, severance, and possibly damages to the employee. 

Continue Reading Oops, You Might’ve Fired Them: A Constructive Dismissal Reality Check

The Case of the Comma

Remember the online meme comparing “Let’s eat grandma!” with “Let’s eat, grandma!”? Well, here we have the legal version of it.

A judge in Nova Scotia recently invalidated part of an employment contract because it didn’t have a comma. Is that nitpicking, you ask? 

Not really, it’s actually important. Here’s why.

The part of the contract in question was the termination clause. Basically, a termination clause dictates what an employee is entitled to when they’re terminated. 

The case is named Brocklehurst v. Micco Companies Limited, 2025 NSSC 192.

Continue Reading “Let’s Eat Grandma” – How Commas Can Ruin or Make Your Case (and What To Do About It!)