This is not a theoretical risk. It is already happening.
Courts are increasingly skeptical of vague claims of “restructuring” or “business necessity.” In 2026, undocumented decisions will be treated as suspect. CEOs must insist on written rationales, consistent messaging and defensible processes.
Courts have chosen their audience, and it is not the boardroom.
Employees are viewed as vulnerable; employers as powerful. Companies that fail to internalize this will continue to be blindsided by outcomes they consider unfair but are entirely predictable.
Surviving 2026 requires a mindset shift. The question is no longer what employers can get away with. It is what courts expect, and what they are prepared to punish.
Those who adapt will manage their risk. Those who do not will keep financing the evolution of employment law, one adverse decision at a time.
Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Ontario and Alberta, and British Columbia. He practices employment law in eight provinces and is the author of six books, including the Law of Dismissal in Canada.
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