Ontario Superior Court: No Objection to AI-Assisted Submissions by Self-Represented Litigants

• 65% of family law cases in Canada involved at least one self-represented party in 2024-2025.
• 37% of leave applications received by the Supreme Court of Canada in 2025 were filed by self-represented litigants.
• Courts have reported an increase in AI-generated materials, particularly among self-represented litigants.
• Judges are meeting a higher verification burden due to more voluminous and complex filings.
• The trend highlights the need for courts to adapt to technology-assisted litigation.

Courts have noticed a shift on an anecdotal level, with filings looking different than they used to, litigants filing more materials, and being more convinced that they're right.

In recent years, a growing number of self-represented litigants in Canada have turned to artificial intelligence (AI) to help them prepare court submissions. This trend has been observed in various provinces, including British Columbia, Alberta, Saskatchewan, and Quebec. According to Statistics Canada, 65% of family law cases active in 2024 and 2025 involved at least one self-represented party. The use of AI-generated materials is particularly prevalent among self-represented litigants, with many courts reporting an increase in the number of filings that include hallucinated or fake citations. For example, a man from Nigeria who filed a refugee protection claim in British Columbia used AI to draft his submissions, while a woman in BC who was suing the province and a health authority for unlawful detention and discriminatory treatment also relied on AI tools.

Self-representation is not a new phenomenon in Canada's courts. In 2016, the federal government noted that the number of self-represented litigants was increasing, citing studies showing a two-decade trend. The Supreme Court of Canada has also reported that 37% of leave applications received in 2025 were filed by self-represented litigants. However, the growing availability of generative AI tools has introduced new challenges for courts. Judges are reporting that filings are becoming more voluminous and complex, requiring them to meet a higher verification burden. This shift is forcing courts to adjust their procedures and protocols to address the increasing use of AI-generated materials.

The trend of self-represented litigants using AI to prepare court submissions has significant implications for lawyers, judges, and the legal system as a whole. Lawyers should be aware that their clients may be using AI tools to draft materials, which could lead to more voluminous and complex filings. Judges will need to meet a higher verification burden to ensure that these filings are accurate and reliable. Furthermore, this trend highlights the need for courts to adapt to the changing landscape of technology-assisted litigation. As the use of AI-generated materials continues to grow, courts must develop new procedures and protocols to address the challenges posed by these submissions.

Lawyers should be aware of the increasing trend of self-represented litigants using AI to prepare court submissions, which may lead to more voluminous and complex filings, requiring judges to meet a higher verification burden.

Source: Original reporting via Canadian Lawyer