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ARTICLE · 25 JULY 2025

BC Court Clarifies Standards For AI-assisted Document Production In Acciona v GVSDD

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There have always been disagreements about the scope and sufficiency of discovery efforts where litigants are dealing with large-scale documentary discovery.

CanadaTechnology

Background and the dispute

There have always been disagreements about the scope and sufficiency of discovery efforts where litigants are dealing with large-scale documentary discovery. The issue has become even more fraught where new AI technologies are deployed in attempts to make the process of identifying relevant documents more efficient. The recent decision of the BC trial court in Acciona Wastewater Solutions LP v Greater Vancouver Sewerage and Drainage District, 2025 BCSC 1256 (CanLII), explores some of the issues that can arise, and what standards are to be used by courts in determining what constitutes judicious (or improper) use of AI in gathering and producing documents to another party.

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