Artificial Intelligence and the Ontario Courts: Balancing Innovation, Integrity, and Access to Justice

As part of its national webinar series, AI and the Courts, LexisNexis Canada brought together representatives from Ontario's courts for a timely discussion about the growing presence of artificial intelligence in Ontario’s justice system.

While much of the conversation around AI focuses on future possibilities, panelists made it clear that the technology is already reshaping aspects of Ontario's justice system. Lawyers, litigants and judges are increasingly encountering AI-generated content, raising important questions about how the justice system can embrace innovation while safeguarding the integrity of the legal process.

AI Is Already Showing Up in Courtrooms

One of the most striking moments of the webinar came during a discussion about self-represented litigants.

The Honourable  Justice Joseph F. Kenkel of the Ontario Court of Justice observed that, over the past two years:

“The use of generative AI is moving from what appears to be like curiosity and experimentation to what appears now to be actual workflow use.”

This shift is particularly evident among self-represented litigants. As Justice Kenkel explained, their submissions and understanding of legal issues have “become much, much better,” reflecting how accessible AI tools are helping individuals engage more confidently with the legal system.

Improving Access to Legal Information

The panelists acknowledged that AI has the potential to improve access to justice, particularly for individuals navigating the legal system without representation.

AI tools can help users better understand legal concepts, organize information, prepare court materials, and with non-legal tasks such as translations and troubleshooting technology.

At the same time, judges noted that access to information does not always translate into access to accurate information. As AI tools become more sophisticated and widely available, users must be able to distinguish between reliable legal guidance and content that may be incomplete, inaccurate or generated without proper legal context.

The Growing Challenge of Hallucinations and Authenticity

A recurring theme throughout the discussion was the continued challenge of AI hallucinations. While many expected the issue to diminish as technology improved, courts continue to encounter fabricated citations, inaccurate quotations and misleading legal authorities.

The Honourable Justice Fred Myers of the Ontario Superior Court of Justice noted that the number of reported decisions involving AI-generated hallucinations continues to rise. More importantly, he emphasized that the collective responsibility to verify legal authorities, citations and quotations remains paramount in protecting our common law system.

Beyond hallucinated case law, courts are increasingly confronting questions about the authenticity of evidence itself.

The Honourable Justice Jill R. Presser of the Ontario Superior Court of Justice highlighted the emergence of disputes involving potentially AI-generated text messages, photographs and videos, particularly in family law matters.

As AI-generated content becomes more realistic, courts will need to devote greater attention to determining whether digital evidence is genuine before relying on it in judicial proceedings.

Proposed Amended Rules and Practice Directions

The Honourable Justice Peter D. Lauwers of the Court of Appeal for Ontario announced proposed amendments to the Rules of Civil Procedure intended to address some of the challenges posed by AI in the courtroom.  The proposed rules draw an important distinction between evidence generated by “acknowledged use” (e.g. properly disclosed use) of artificial intelligence, and evidence generated by the “unacknowledged use” of AI (e.g. deepfaked evidence). The proposed amendments can be found here: Proposed Draft Amendments to Rule 53 for Approval in Principle

Justice Presser mentioned that the Ontario Superior Court of Justice now has AI practice directions for civil law, family law and criminal law proceedings, which provide guidance on the responsible use of AI in court proceedings and aim to promote transparency, accuracy, and accountability. The Practice Directions can be found here: Ontario Superior Court of Justice New Practice Directions on the Responsible Use of Artificial Intelligence  

How Courts Are Approaching AI Internally

The webinar also explored how courts themselves are evaluating AI tools.

Justice Lauwers stated that formal guidance on AI use by judges was under development, centered on the principles that “human judgment and values come first” and “no delegation to AI.”  All of the panelists agreed that any judicial use of AI must preserve human decision-making and public confidence in the administration of justice. While courts are exploring opportunities to improve efficiency through administrative and support functions, judges will remain responsible for all substantive decisions.

Justice Kenkel summarized the importance of maintaining clear boundaries around judicial use of AI as follows:

"If the task determines or shapes the legal outcome, the assessment of credibility or contested facts, or the reasons you will provide, do not use generative AI."

 In terms of examples where AI could responsibly advance the work of the courts, Justice Presser referred to a successful Quebec Superior Court pilot project, where a bespoke AI was introduced for a limited number of tasks, such as translation and citation checking. More information about this pilot project can be found here: Superior Court of Quebec Artificial Intelligence Pilot Project  

Navigating the Future of AI in the Ontario Justice System

While many challenges remain, the discussion concluded on a cautiously optimistic note. Justice Lauwers acknowledged that we are still on the learning curve, and Justice Myers noted that the technology continues to improve.  Ontario's courts are not treating AI as a future challenge; they are addressing it now through new rules, practice directions, policy development and ongoing dialogue. The central question is no longer whether AI will influence the justice system, but how it can be used responsibly.

As courts, lawyers and litigants continue to adapt, one principle remains constant: technology may enhance legal work, but accountability, professional judgment and the integrity of the justice system must remain firmly in human hands.

More details about upcoming sessions and participating jurisdictions will be shared over the course of 2026 and into 2027.

The next webinar titled “Artificial Intelligence and the Atlantic Courts: Current State and Perspectives,” will take place this September, bringing together judges from courts across Atlantic Canada.

Join us to hear how courts in the region are approaching the rise of artificial intelligence, and what these developments could mean for the evolving legal landscape.

Watch the Ontario webinar recording here:️ https://bit.ly/4xPF7f5

Watch the Quebec webinar recording here: https://bit.ly/4nZ0OVH