AGENDA

10:00 – 10:10 AM

Opening remarks from the Chair

10:10 – 10:45 AM

Legislative & ESA Changes 2026: What HR Must Operationalize Now

Across Canada, rapidly evolving employment standards, pay‑transparency rules and leave entitlements are changing how organizations hire, manage time off and structure layoffs. This session highlights the most consequential statutory changes and “sleeper” risks—like misconfigured payroll systems, new job‑posting requirements, and expanding sick‑leave and medical‑note regimes—that are already shaping claims, inspections and litigation exposure. Hear what HR and in‑house counsel should tighten now in contracts, policies and systems for 2026. 

  • Identify the critical 2026 legislative and employment standards changes that most shift your organizations risk exposure
  • Hear how changes impact your recruitment practices including new transparency and information‑disclosure expectations
  • Refresh leave, attendance and payroll practices to reflect evolving entitlements; Latest changes in gig economy standards
  • Stay ahead of emerging legislative and caselaw trends so 2027 issues—from AI usage to wage/hour and harassment standards—are on your HR risk radar 

Andrea Raso

Partner, Miller Thomson LLP

10:50 – 11:25 AM

“You Think You’re Safe – You’re Not”: Termination Clauses, Cause & Litigation Risk

Across Canada, many “standard” termination clauses that once felt safe are no longer compliant, leaving employers unexpectedly exposed when challenged. Explore where courts are striking down common wording, how minimum‑standards language interacts with broader common‑law obligations, and where aggressive cause language could backfire.  Connect the dots between critical case law updates, how to draft and document, and what this means for terminations—so HR and legal can translate the latest decisions into concrete next steps 
 
  • What the latest updates from the courts mean for “standard” termination clauses, and why provisions that once felt safe are now being struck
  • Understand how evolving decisions on bonuses, incentives and other post‑termination entitlements are reshaping severance costs
  • Gain insight into the pitfalls of using fixed-term employment contracts
  • Discuss concrete steps HR should take to update clauses, tighten documentation, and adjust termination processes going forward 

Jordan Epstein

Partner, Gowling WLG

11:25 – 11:40 AM

Morning Break

11:40 – 12:15 PM

When Investigations Go Sideways: Process, Credibility & Defensible Findings

Investigations into harassment, discrimination, safety and off‑duty conduct are under closer scrutiny than ever, with decision‑makers focusing on the fairness of the process as much as the outcome. This session walks through what “good” looks like in 2026—when HR can investigate internally versus when to go external, how to plan and run interviews, and how to record and communicate findings so they are credible, consistent and defensible in any forum. 
 
  • Discuss how new realities like virtual/online harassment, mental‑health or invisible‑disability issues are impacting investigations
  • Ensure current investigation policies and procedures—from intake to interviews to findings—are aligned with up‑to‑date legal obligations
  • How a strong investigation process can shape and communicate outcomes so any discipline or termination is clearly grounded in a fair, well‑documented record
  • Explore when HR can appropriately lead an investigation and when complexity, conflict or seniority make an external investigator safer 

Jennifer Wiegele

Partner, Mathews, Dinsdale & Clark LLP

12:20 – 12:55 PM

When Employees Bring AI into Disputes: Self-Representation, Claims & Pleadings

Employees are increasingly using tools like ChatGPT to draft demand letters, internal complaints and even tribunal or court pleadings—often producing long, sophisticated documents that overstate entitlements and strain HR capacity. Take a deep dive into how AI is changing self‑representation and dispute strategy, what HR and in‑house counsel are actually seeing on the ground, and how to respond in a way that is firm, fair and proportionate.  
 
  • Learn to recognize AI‑assisted complaints and pleadings, and separate real legal risk from inflated, template‑driven arguments
  • How to build a simple triage approach so HR knows what to handle internally, when to loop in counsel, and how much process a dispute really warrants
  • Use timelines, documentation and calibrated written responses to reset expectations and move AI‑driven disputes toward resolution 

Christopher Sinal

Partner, Siskinds LLP

12:55 – 1:25 PM

Lunch Break

1:25 – 2:00 PM

Duty to Accommodate in Practice: Invisible Disabilities, Family Status & Medical Evidence

Accommodation issues now surface daily, often starting as performance or conduct concerns that are later framed as disability‑related or supported by challenging medical notes. This session shows how to recognize when behaviour or attendance problems may trigger the duty to inquire, how to respond to childcare/eldercare and remote‑work requests, and what medical information you can reasonably seek. Using real‑world scenarios—mental health, long‑term absence and complex family‑status claims—learn how duty to accommodate can turn into practical, defensible steps up to undue hardship. 
  
  • How to distinguish performance or misconduct from invisible disabilities and apply the duty to inquire appropriately
  • Navigate family‑status requests (childcare, eldercare, hybrid work) with a realistic view of what “reasonable” looks like
  • Assess medical evidence—what you can request, how to handle vague or overreaching notes, and the impact of newer sick‑note regimes
  • Build defensible files in complex cases, including mental health, long‑term absence, safety concerns and potential frustration of contract 

Allison Buchanan

Partner, Siskinds LLP

2:05 – 2:40 PM

Case Study: Workplace Culture Under Pressure - From Harassment to Activism & Off-Duty Conduct

In a highly polarized, always‑online environment, workplace culture is under unprecedented strain. HR is now dealing with virtual harassment, online conflict between colleagues, public employee activism and off‑duty conduct that quickly becomes a workplace or reputational issue. Examine how far your policies and codes of conduct should reach, when speech or activism crosses the line into a legitimate workplace concern, and how to respond in a way that is consistent, legally defensible and aligned with your organization’s values. 
 
  • How to clarify when activism, speech or off‑duty conduct becomes a workplace and reputational issue.
  • Ensure your harassment, respectful‑workplace and social‑media policies properly cover virtual and online behaviour
  • Understand how to apply a consistent, defensible approach to investigations, discipline and termination where culture, values and legal risk intersect 

Rick Dunlop

Partner, Stewart McKelvey

2:40 – 2:55 PM

Afternoon Break

2:55 – 3:30 PM

Under the Microscope - AI Monitoring, Productivity Pressure & Employee Risk

AI-driven tools are rapidly reshaping how employee performance is monitored, measured and managed—but where does legitimate oversight cross into unlawful surveillance, privacy risk, human rights exposure or even constructive dismissal? This session explores the legal and workplace risks tied to AI-enabled monitoring, productivity tracking and rising performance expectations, and gives HR leaders a practical framework for using these tools in a way that is transparent, fair and legally defensible. 
 
  • How to distinguish reasonable AI-enabled monitoring from practices that create privacy, human rights, or constructive dismissal risk
  • Manage AI-driven productivity expectations without fuelling burnout, accommodation issues, or psychological safety concerns
  • Importance of clear policies and documentation to ensure AI-based performance decisions are transparent and defensible 

Lisa Stam

Partner, Employment Labour & Contracts Lawyer, Managing Partner, Spring Law

3:35 – 4:10 PM

Employment Contracts as a Strategic Tool: Designing Roles, Flexibility & Change

As workplaces evolve through hybrid work, organizational restructuring, and the growing use of AI, employment contracts need to do more than manage termination risk. Examine how organizations can use contracts strategically to build lawful flexibility around duties, reporting structures, compensation, location, and ways of working—while reducing constructive dismissal risk as roles and business needs change. Learn how HR can modernize agreements, manage legacy contracts, and create stronger foundations for organizational change and workforce agility. 
 
  • Build flexibility into roles, hybrid work, and return-to-office expectations without triggering constructive dismissal claims 
  • How to manage evolving responsibilities, workplace policies, and legacy agreements more strategically 
  • Modernize employment agreements to support agility, clearer expectations, and organizational change 

Jessica Fay

Senior Legal Counsel, Coco-Cola Canada Bottling Limited

4:15 – 4:45 PM

Ask the Expert: Live Employment Law Q&A

Put your toughest, real-world questions directly to our expert panel in this interactive closing session. From tricky terminations and investigations to AI-driven disputes and cross-province compliance headaches, our panel will tackle practical scenarios submitted by attendees. This is your chance to pressure test your approach, clarify grey areas, and leave with concrete, practitioner-level guidance tailored to the realities HR is facing as you head back to the workplace. 

Khalfan Khalfan

Partner, Stikeman Elliott LLP

Alex Kagan

Partner, Aird & Berlis LLP

4:45 – 4:50 PM

Closing comments from the Chair