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ARTICLE · 17 AUGUST 2023

AI Shortcuts Cut Short? – New AI Disclosure Rules On Court Submissions

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As the artificial intelligence (AI) revolution pushes ahead, some jurisdictions are putting the brakes on the use of AI in courtrooms.

CanadaLitigation, Mediation & Arbitration
Beth Burnstein
Beth Burnstein
Sarah Kemp
Sarah Kemp
Andrew Boyes
Andrew Boyes
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As the artificial intelligence (AI) revolution pushes ahead, some jurisdictions are putting the brakes on the use of AI in courtrooms. On June 23, 2023, the Court of King's Bench of Manitoba became the first court in Canada to require that litigants disclose if and how they used AI to prepare materials filed with the court.1 A similar practice direction was issued by the Supreme Court of Yukon just three days later. The introduction of rules related to AI is an emerging trend across Canada and the US and it reflects rising concerns with AI in the legal practice and beyond.2

AI programs such as OpenAI's ChatGPT, Google Bard, and Microsoft's Bing present novel tools for legal professionals with plenty of apparent benefits. Such AI programs allow users to harness language processing technologies that may assist in researching, writing, and reviewing documents. However, their use is far from foolproof. AI language models are particularly susceptible to

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