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Increasing AI use in Canadian courtrooms carries risk of errors, penalties: lawyers

Canadian courts and tribunals impose sanctions and issue guidelines as AI-generated legal filings cause delays, inaccuracies, and financial penalties, with cases rising in Toronto, Quebec, and Alberta.

  • On Dec. 31, 2025, The Canadian Press reported Canadian courts, tribunals and boards are confronting AI in filings, with some, including the Federal Court, requiring disclosure of generative model use.
  • Because many people rely on AI to draft filings, self-represented litigants and users sometimes submit AI material without review, causing delays and errors especially with open-source AI tools.
  • In one notable case earlier this year, a Toronto lawyer is facing a criminal contempt proceeding for including invented ChatGPT cases, while Ksenia Tchern McCallum said clients recently submitted five or six pages of AI-written material for review.
  • A Quebec court imposed a $5,000 sanction on a man, and Alberta’s top court ordered $500 costs against a woman, warning users about AI’s financial and reputational risks.
  • Experts recommend that lawyers review and correct AI output, emphasizing the importance of compliance with professional rules, as Nainesh Kotak warned that law firms will need AI to stay competitive.
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Winnipeg Free Press broke the news in Winnipeg, Canada on Wednesday, December 31, 2025.
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