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ARTICLE · 21 MARCH 2024

Cautionary Tales Of Using AI Chatbots: The Courts Weigh In On AI Hallucinations

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Recent decisions are shining a light on Artificial Intelligence ("AI") hallucinations and potential implications for those relying on them. An AI hallucination occurs when a type of AI...

CanadaLitigation, Mediation & Arbitration
Tracey Cohen
Tracey Cohen
Alexandra Mitretodis
Alexandra Mitretodis
Raylene Smith
Raylene Smith
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Recent decisions are shining a light on Artificial Intelligence ("AI") hallucinations and potential implications for those relying on them. An AI hallucination occurs when a type of AI, called a large language model, generates false information. This false information, if provided to courts or to customers, can result in legal consequences.

Reliance on AI Chatbots in Court

In Zhang v Chen, 2024 BCSC 285, the BC Supreme Court considered whether to order costs personally against a lawyer who relied on hallucinated cases. Mr. Chen's lawyer filed a notice of application for parenting time relying solely on two cases. Upon receipt of the application materials, opposing counsel raised concerns that the cases could not be located and requested copies. As a result of this inquiry, it became apparent that the cases did not exist and that they were invented by ChatGPT. The application eventually proceeded without reliance on the two cases.

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