AI Class Actions In Canada: New Legal Ground Or The Same Old Claims?

Across Canada, class action claims are being commenced against companies for their use (or alleged use) of AI tools and technology. This trend flows from the United States, where numerous class actions have been filed alleging that the use of AI tools creates liability for defendants. Do these cases represent a bold new frontier in class action litigation, or are AI tools simply amplifying class action risks that already exist?

In this article, we examine how recent trends in Canadian class action claims underscore the need for companies to prioritize responsible AI diligence and controls.

AI class action trends: recent cases

Although the initial wave of AI-related class actions in Canada has focused on copyright claims over data used to train LLMs, litigation in other sectors and jurisdictions indicates that early adopters may face risk associated with: