When AI Invents the Law:
Fictitious Citations in Canadian Courts
Courts and tribunals across Canada have identified non-existent case authorities being cited in legal proceedings. In many instances, the use of artificial intelligence tools has been identified as the source.
Unless otherwise specified, every citation listed below was described by the adjudicator as non-existent, fictitious, fabricated, or otherwise not locatable in reported case law. Citations marked with an asterisk (*) indicate that, although the adjudicator found that the cited case could not be located or does not exist, the decision does not attribute the issue to the use of artificial intelligence or make any finding about how the citation was generated.
We do not take a position on how or why (i) any citation came to be included in a filing or (ii) AI was used. We also do not attribute intent, motive, or wrongdoing to any party beyond what is expressly stated in the decision itself.
Fictitious Citations and AI Issues Across Canada
Click a province or territory to filter the database below.
| Fictitious Citation | Appeared In | ¶ | Date | Court / Tribunal |
|---|
What about the AI-hallucinated citations
that weren’t caught?
This database only includes fictitious citations that adjudicators identified and flagged. For every case caught, others may have gone undetected. The true number of fake cases in Canadian courts that slipped through remains unknown.
Using AI to prepare legal documents isn’t inherently wrong. For many self-represented Canadians, it may be their only realistic and cost-effective path to justice. The problem isn’t that people are using these tools. The problem is that our courts and tribunals don’t yet have adequate safeguards to catch when these tools hallucinate.
Co-founder of CourtreadyCaseCheck by Courtready
Don’t let fake cases become real law. CaseCheck is a Canadian legal citation verification tool that cross-references authorities against Canadian case law database. We help legal professionals identify AI-hallucinated cases before they reach the courtroom.
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