Employers in Ontario should assume every posting, every interview and every email will one day be read aloud in a courtroom, write Howard Levitt and Candice Malan, because after Jan. 1, it likely will be. Photo by Tero Vesalainen/Getty Images/Postmedia files
By Howard Levitt and Candice Malan
Ontario employers have been handed a loaded gun — and it’s pointed right back at them.
On Jan. 1, 2026, the province’s Working for Workers legislation will fundamentally alter the act of hiring. What was once a human resources ritual — posting jobs, chatting with candidates, making a few notes — has become a legally regulated battlefield. Employers are now under a statutory duty to create and preserve records that will be used against them in the inevitable massive sets of litigation that fo