Canadian Lawyers Warn of AI Risks in Courtroom Practices

Toronto lawyers are raising alarms about the increasing use of artificial intelligence (AI) in Canadian courtrooms, highlighting the potential for errors and financial penalties. As AI becomes more integrated into legal communications, attorneys are concerned that its reliability may undermine the justice process.

Ron Shulman, a family lawyer in Toronto, has noticed a marked increase in clients using AI tools to draft communications, often leading to misunderstandings. He states, “Some clients seem to rely on it as some sort of a super intelligence,” which can create significant problems, as AI is not always accurate and may produce misleading information.

AI’s Role in Legal Proceedings

As AI technology becomes more prevalent, it is increasingly being used in legal contexts. In recent years, platforms like ChatGPT have been utilized to prepare documents for courts, tribunals, and other legal bodies across Canada and the United States. However, this trend has not been without consequences. In one notable incident, a Toronto lawyer is facing criminal contempt of court charges after including fabricated cases generated by AI in her submissions. She later admitted to misrepresenting the situation due to “fear of the potential consequences and sheer embarrassment.”

AI’s inaccuracies, often referred to as “hallucinations,” can lead to serious repercussions. For instance, a Quebec court imposed a $5,000 fine on a litigant who used AI to prepare legal filings after parting ways with his lawyer. Similarly, Alberta’s top court ordered a $500 penalty against a self-represented woman for submitting documents that referenced non-existent legal authorities, warning that further penalties could follow for those who fail to comply with court guidelines regarding AI usage.

Challenges for Legal Professionals

Legal practitioners are grappling with the implications of AI integration into their work. Ksenia Tchern McCallum, an immigration lawyer licensed in both Canada and the U.S., reports a growing trend of clients bringing in AI-generated research or applications for her review. While this technology can streamline certain tasks, it can also cause friction in client relationships. McCallum observes, “If I’m instructing my client to do something and they’re second-guessing me… how am I supposed to represent you and your best interest?”

Shulman recounts a recent experience where a client submitted several pages of AI-generated material regarding exclusive possession rights—despite not being married. This resulted in unnecessary legal fees and wasted time, highlighting the pitfalls of relying on AI without proper legal guidance.

In response to these challenges, legal organizations are beginning to establish guidelines for the responsible use of AI in legal contexts. The Federal Court of Canada, among others, now requires individuals to disclose when they have used generative AI in their submissions. Jennifer Leitch, executive director of the National Self-Represented Litigants Project, emphasizes the importance of responsible AI usage, stating, “People are going to use it, so let’s use it responsibly.”

Leitch’s organization recently conducted a webinar to educate self-represented litigants on how to use AI appropriately, attracting around 200 participants. She views this initiative as a form of harm reduction, encouraging individuals to verify AI-generated references and adhere to court guidelines.

Despite the risks associated with AI, some legal experts see potential benefits. Nainesh Kotak, a personal injury lawyer in the Toronto area, believes that AI can enhance competitiveness in law firms if used correctly. He stresses the need for lawyers to review and amend AI-generated content while ensuring compliance with data security and privacy regulations. “AI is a tool, and it can’t replace legal judgment, ethical obligations, and human understanding,” Kotak asserts.

As the legal landscape continues to evolve with advancements in technology, the challenge remains to balance innovation with the integrity of the judicial process. While AI holds promise for improving access to justice, its reliability and impact on legal proceedings must be scrutinized to prevent further complications in an already complex system.

This report by The Canadian Press was first published on December 31, 2025.