AI incident #1099 ·
Factum in Ko v. Li Allegedly Contains AI-Generated Case Law Citations
What happened
In Ko v. Li, 2025 ONSC 2766, the Ontario Superior Court of Justice identified multiple inaccurate or nonexistent case citations in a factum submitted by counsel for the applicant. Justice FL Myers questioned whether generative AI was used in drafting the document, noting the cited cases were either irrelevant, misrepresented, or did not exist. The court ordered the lawyer to show cause why she should not be cited for contempt, citing duties of accuracy and technological competence.
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News reports (2)
Coverage catalogued by the AI Incident Database. Titles link to the original publisher; the text is not reproduced here.
Who was involved
- Alleged deployer
- Jisuh Lee
- Alleged developer
- Large Language Model Developers
- Alleged harmed party
- Hanna Ko, Jisuh Lee, Ontario Superior Court Of Justice, Judicial Integrity
Classification (MIT AI Risk Repository taxonomy)
- Risk domain
- AI system safety, failures, and limitations
- Risk subdomain
- 7.3 Lack of capability or robustness
- Causal entity
- Human
- Intent
- Unintentional
- Timing
- Post-deployment
- Harm level
- —
- Sectors
- —
- Countries
- —
Risk entries describing this failure mode
Entries from the MIT AI Risk Repository coded to subdomain 7.3.
- Reliability issues
"Relying on general-purpose AI products that fail to fulfil their intended function can lead to harm. For example, general- purpose AI systems can make up facts (‘hallucination’), generate erroneous computer code, or pro...
- Type 2: Bigger than expected
Harm can result from AI that was not expected to have a large impact at all, such as a lab leak, a surprisingly addictive open-source product, or an unexpected repurposing of a research prototype.
- Type 3: Worse than expected
AI intended to have a large societal impact can turn out harmful by mistake, such as a popular product that creates problems and partially solves them only for its users.
- Ethics and Morality Issues
LMs need to pay more attention to universally accepted societal values at the level of ethics and morality, including the judgement of right and wrong, and its relationship with social norms and laws.
- Safe learning
"AGIs should avoid making fatal mistakes during the learning phase. Subproblems include safe exploration and distributional shift (DeepMind, OpenAI), and continual learning (Berkeley)."
- Malign belief distributions
"Christiano (2016) argues that the universal distribution M (Hutter, 2005; Solomonoff, 1964a,b, 1978) is malign. The argument is somewhat intricate, and is based on the idea that a hypothesis about the world often includ...
- Meta-cognition
"Agents that reason about their own computational resources and logically uncertain events can encounter strange paradoxes due to Godelian limitations (Fallenstein and Soares, 2015; Soares and Fallenstein, 2014, 2017) an...
- Misaligned consequentialist reasoning
"As we think about even more intelligent and advanced AI assistants, perhaps outperforming humans on many cognitive tasks, the question of how humans can successfully control such an assistant looms large. To achieve the...
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