Remote work settled into Canadian workplaces long ago, yet many employers still operate as though the shift was temporary. The result? Quiet risks, unclear expectations, and legal obligations hiding beneath everyday workflows. Remote work isn’t dangerous on its own — unstructured remote work is. 

The most common misstep happens before employers even realize it: allowing an arrangement to drift. When an employee works remotely for months or years without written terms or reminders that the arrangement may change, they may begin to view their home office as a permanent right. That’s how a reasonable recall to the office can quickly morph into a constructive dismissal claim. 

Employers often overlook a second critical point — jurisdiction follows the worker. If your Ontario-based employee performs their work in Alberta for the summer, Alberta’s employment standards may apply. That influences overtime, vacation, leaves, holiday pay, and hours-of-work rules, even if the employer never intended the shift. Remote work isn’t borderless — at least, not legally. 

And then there’s the pressure of constant connectivity. Employees who check messages late at night rarely see themselves as “working,” but the law often sees it differently. Employers with 25 or more workers must maintain a written Right to Disconnect policy, yet many treat it as paperwork rather than practice. A policy that sits in a handbook doesn’t stop the quiet build-up of unpaid hours, fatigue, and burnout. 

Remote monitoring has grown alongside remote work. Software now tracks logins, timestamps, keystrokes, and device activity — but transparency remains essential. Employees need to know if they’re being monitored, how, and why. This isn’t optional; it’s part of building a compliant and fair digital workplace. 

Finally, remote exits demand as much structure as remote onboarding. Revoking access, collecting equipment, and securing data can’t happen casually. A forgotten laptop or saved file on a personal device may expose confidential information that would never have left a traditional office. 

To help bring structure to this new reality, employers should keep a few essentials in mind: 

  • Remote work arrangements need written terms to avoid creating unintended rights. 
  • Employment standards often follow the province where the work is performed. 
  • Ontario employers with 25+ employees need a Right to Disconnect policy. 
  • Any electronic monitoring must be disclosed to employees. 
  • Remote offboarding needs structure: equipment return, access removal, data security. 

Remote work can absolutely be a strategic advantage. But it works best when the flexibility employees love meets the clarity the law requires. 

If your workplace policies feel outdated or improvised, SpringLaw can help you build a remote-work system that protects your business and supports your team. Schedule a call today. 

The reality HR is facing 

More candidates are turning to AI for resumes, cover letters, and interview prep. Surveys in 2024–2025 show hiring teams are seeing a flood of applications and mixed quality, with many managers wary of AI-generated content. 

  • 38% of job seekers send 20 or more applications per week, and 54% of hiring managers say the surge slows hiring. 
  • 53% of hiring managers dislike AI-generated resumes. It’s the top red flag in one recent survey. 

Use AI to help, not to decide 

Keep humans in the loop. Use AI to sort large volumes, then have trained people review the outputs. This aligns with the spirit of Ontario’s 2026 disclosure rule and with what candidates say they want: transparency and human judgment. 

Five practical bias safeguards 

  1. Ask vendors about fairness tests. Request summaries of how the tool checks for biased outcomes. Avoid opaque “black box” scoring. Periodically audit a sample by hand. 
  2. Limit AI to admin steps. Use it for deduping, screening for must-have credentials, and scheduling. Keep human review for shortlists. 
  3. Standardize evaluations. Use consistent rubrics and document reasons for advancement. 
  4. Invite candidate feedback on forms and interviews to catch barriers early. 
  5. Train your team. People tend to over-trust automation. Training reduces that risk. 

Write job ads that welcome more talent 

AI can also improve inclusion at the top of the funnel. Use tools and prompts to cut jargon, reduce gender-coded wording, and clarify must-haves versus nice-to-haves. You’ll reach a larger, stronger pool and reduce the spray-and-pray effect that adds noise to your pipeline. 

Quick ad checklist 

  • Plain job title 
  • Three to five core duties 
  • Measurable outcomes for the first year 
  • Real pay range 
  • Clear “must-have” skills only 
  • Your AI disclosure line if screening uses AI 

Ontario compliance snapshot for 2026 

  • Disclose AI use in publicly advertised postings and associated application forms 
  • Pay range in postings and no “Canadian experience” requirement 
  • Applies to employers with 25+ employees 
  • Effective January 1, 2026 

What success looks like in 90 days 

If you run your hiring like any other key business process, set a simple 90-day plan with 3 to 7 priorities, assign owners, and review progress weekly. That’s how teams create traction and avoid stall-outs. 

  • Pick your disclosure line and add it to all templates this quarter. 
  • Audit one high-volume role and map where AI appears. 
  • Rewrite two key job ads with clear pay and simpler language. 
  • Train recruiters to answer AI questions from candidates. 
  • Schedule a monthly audit of AI-screened rejections to catch false negatives. 

Want help turning this into a one-page hiring playbook for your team, plus training and updated templates? 

 SpringLaw can build it with you. 

AI use in workplaces is growing quickly. A 2025 global study of more than 32,000 workers across 47 countries found 58 percent of employees report using AI at work, with roughly a third using it weekly or daily. Tech Xplore+1

Many employees say AI improves efficiency, idea generation, and work quality. McKinsey & Company+1

But this increased adoption comes with risks. Independent surveys of workers show many admit to inappropriate AI use, including uploading sensitive company data to public AI tools, using AI when it is not allowed, or failing to check the accuracy of AI-generated work. Fast Company+1

Why Banning AI Use Is a Bad Idea

With so many employees already using AI on their phones or home computers, a blanket ban is unlikely to work. Banning AI tends to drive use underground. That hiding can erode trust, lead to undisclosed mistakes, and harm company culture.

Even with a ban, the risks remain: Privacy breaches, improper use, and unrecorded AI-assisted work. Banning only reduces transparency.

A Better Approach: Train Your Workforce

Many of the problems associated with AI use stem from lack of understanding. The better path is to treat AI as a workplace tool and teach employees how to use it responsibly:

  • Train them on how AI works, including its limitations.
  • Emphasize verification: AI-generated content must be checked before use.
  • Teach confidentiality and data-handling best practices.
  • Provide examples of acceptable vs prohibited use.

Several workforce-AI studies highlight that adoption of AI tools tends to be far safer and more effective when paired with training, guidance, and human oversight. McKinsey & Company+1

If internal resources are limited, employers can rely on external training programs or vendor-provided onboarding.

Why You Need a Clear AI Policy

A thoughtful AI policy should cover:

  • Confidentiality and data protection.
  • Disclosure requirements for AI-generated work.
  • Verification of AI outputs.
  • Human accountability (final decisions remain with people.)
  • Intellectual property and attribution guidelines.
  • Prohibitions against certain risky AI uses (e.g. replicating someone else’s likeness or voice).
  • Clear consequences and reporting mechanisms.

There is no universal AI policy template. What works for one organisation may not suit another.

Encourage Ongoing Learning and Upskilling

Technology evolves quickly. Many experts find that a worker’s “skills half-life” is shrinking; what they know today may need a refresh in just a few years.

Employers should consider offering regular AI training sessions, time for self-directed learning, or even modest budgets for continuous education. Investing in people ensures that AI remains a tool, not a risk.

Final Takeaway

AI is already transforming workplaces. A ban may seem like an easy fix, but it rarely works in practice. A better strategy is to build trust, offer training, set clear policies, and encourage responsible use.

With the right approach, AI can boost productivity, support innovation, and help employees do better work, without compromising compliance or trust.

If your organisation needs help developing an AI use policy or staff training, feel free to reach out to our team for support.

Ontario’s Working for Workers Four Act, 2024 changes the Employment Standards Act. 

From January 1, 2026, employers with 25 or more employees must say in any publicly advertised job posting if AI is used to screen, assess, or select applicants. You must also include the same note in any associated application form. 

This sits beside other new posting rules, such as pay range disclosure and the prohibition on requiring “Canadian experience” in job postings. 

Who is covered 

  • Employers in Ontario with 25 or more employees. 
  • Publicly advertised job postings and related application forms. 

What must be disclosed 

A clear statement that your hiring process uses AI at any stage to screen, assess, or select candidates. Ontario has adopted a broad definition of AI, and the obligation is disclosure, not a full technical report. Expect further guidance as the effective date nears. 

Sample disclosure statements you can copy 

Pick one and tailor it to the tools you actually use. 

  1. “We use AI-enabled tools to sort applications based on job-related criteria. A human decides who moves forward.” 
  2. “Our hiring process includes AI screening for keywords and minimum qualifications. Recruiters review all results.” 
  3. “Video interviews may be scored with AI. Trained staff review the scores before any decision is made.” 

Tip: Keep it short, accurate, and visible on both the job ad and the application page. HR teams should be ready to answer candidate questions about AI use. 

Your 6-step compliance checklist 

  1. Inventory your tools. Note any software that ranks, filters, or scores candidates. 
  2. Decide what the tool does. Screening, assessing, selecting—or all three. Write it down in plain English. 
  3. Add disclosure lines to every posting and application form in advance of the deadline, ideally by December 2025. 
  4. Post pay ranges and remove “Canadian experience” requirements to prepare for the full 2026 posting rules package. 
  5. Train your team on how to answer candidate questions about AI. 
  6. Keep a human in the loop. Use AI to assist, not replace, decision makers. 

FAQs 

  • Do we need to name the vendor or publish model details?
    • No. The Act requires disclosure of AI use, not technical specs. Keep it clear and accurate. 
  • Does this apply to generic “Help Wanted” signs?
    • No. The duty targets publicly advertised postings, not generic notices. 
  • Is there guidance on exact wording?
    • Not yet. Legal commentators expect more direction before 2026, so monitor updates. 

Need a quick policy refresh before year-end planning? SpringLaw can review your hiring tools, draft compliant disclosure language, and train your team. 
 

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.