This incident is one of the first reported instances of ChatGPT-generated precedent making it into a Canadian courtroom. The B.C. Law Society has since warned of the increasing use of AI-generated materials in court proceedings and reminded counsel of their ethical obligation to ensure the accuracy of materials submitted to court. The judge ordered Ke to review her other files for any materials obtained from ChatGPT or other AI tools and to advise the opposing parties and the court immediately if any are found.
Key takeaways:
- A lawyer in British Columbia, Chong Ke, has been ordered to pay costs for opposing counsel after citing two cases as precedent that were created by AI tool ChatGPT.
- The cases, which were found to be non-existent, were included in an application for a client's children to get permission to travel to China.
- Justice David Masuhara did not believe Ke intended to deceive the court, but emphasized the importance of competence in the selection and use of technology tools, including those powered by AI.
- This incident appears to be one of the first reported instances of ChatGPT-generated precedent making it into a Canadian courtroom, following a similar case in the U.S. last year.