Accused of citing fake cases? Follow this decision from BC.

An accusation that your court materials contain non-existent cases is serious. It is not, however, a finding, and a recent British Columbia decision shows that what matters is how you respond.

The Supreme Court of British Columbia, where a recent decision addressed two unverified case citations in a party's written argument.

Picture opening a letter from the other side claiming that two of the cases in your written argument do not exist. The instinct is to panic, or to dig in and defend them. A recent decision of the Supreme Court of British Columbia, 2026 BCSC 1199, offers a calmer and more useful guide.

It was an easement dispute between two sets of neighbours, decided on cross applications for summary trial. The two unverified citations surfaced only as a side issue, raised at the outset of submissions.

The written argument on one side included two cases the court described as “phantom cases.” Counsel explained that they had prepared the argument themselves using the Quicklaw legal database, and that once they learned of the problem they asked Quicklaw how it had occurred. They received no substantive reply, and the source of the alleged “phantom cases” was never established. The court accepted counsel’s account that they had not relied inappropriately on artificial intelligence. It imposed nothing for the citations, and recommended that counsel inform the other side promptly upon becoming aware of the issue (see para. 126 of the decision).

An accusation is not a finding

A citation that cannot be located is not, by itself, proof of how it arrived or of any intent behind it. Whether the matter ends in a sanction or, as here, in nothing more than a recommendation turns on what happens once the problem is known. Counsel checked how the citations had appeared and explained candidly what they knew and what they did not. Prompt disclosure, telling the other side as soon as the issue comes to light, was the practice the judge recommended here.

Where we’re at today

To date, Courtready has recorded 173 instances where a Canadian court or tribunal has caught a party submitting fictitious case law, plus 31 further cases involving other forms of AI misuse. That is 204 flagged decisions in total, spanning 53 different courts and tribunals across the country.

When your cases are challenged, candour beats silence.