Sign in Subscribe
Cabinet officials

Ottawa Court Imposes Modest Costs on Lawyer for AI Hallucinations

Strategic Insights

— 1 min read

The Federal Court of Canada has issued a decision in the matter of Wael Mostafa Aly Hussein et al. v. The Minister of Immigration, Refugees and Citizenship, ordering a modest amount of $100 in costs against the Applicant's counsel, Rehab Mohammed Abdelraheim Abdelazez, for using generative AI to create false references in court filings.

The court found that the Applicant's counsel acknowledged the use of generative AI and took responsibility for the errors, but failed to disclose this information in accordance with the Court's practice direction. The court noted that the use of generative AI is not prohibited, but the failure to disclose its use can lead to a miscarriage of justice.

Key Takeaways:

  • The court imposed a modest amount of $100 in costs against the Applicant's counsel for using generative AI to create false references in court filings.
  • The court noted that the use of generative AI is not prohibited, but the failure to disclose its use can lead to a miscarriage of justice.
  • The Applicant's counsel acknowledged the use of generative AI and took responsibility for the errors, but failed to disclose this information in accordance with the Court's practice direction.
  • The court cited previous decisions, including Mohammadhosseini v. MCI 2024 FC 1104, where a small award of costs was made against counsel personally in the amount of $350.
  • The court also noted that the Respondent's lack of action exacerbated matters and it should not benefit as a result.

Statistics:

  • The court ordered a modest amount of $100 in costs against the Applicant's counsel.
  • The court noted that the use of generative AI is not prohibited, but the failure to disclose its use can lead to a miscarriage of justice.
  • The court cited previous decisions, including Mohamedhosseini v. MCI 2024 FC 1104, where a small award of costs was made against counsel personally in the amount of $350.
  • The court also noted that the Respondent's lack of action exacerbated matters and it should not benefit as a result.

Sources:

  • Wael Mostafa Aly Hussein et al. v. The Minister of Immigration, Refugees and Citizenship, 2025 FC 1138.
  • Mohammadhosseini v. MCI, 2024 FC 1104

Read more