AI incident ·
Factum in Ko v. Li Allegedly Contains AI-Generated Case Law Citations
In brief
An AI system built by Large Language Model Developers and deployed by Jisuh Lee allegedly harmed Hanna Ko, Jisuh Lee and 2 others.
- Risk domain
- AI system safety, failures, and limitations
- Occurred
- Coverage
- 2 reports
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.
Laws that address this harm
Policy angle: Classified under AI system safety, failures, and limitations (Lack of capability or robustness) in the MIT AI Risk Repository taxonomy; 5 recorded instruments address this use case.
- India DPDP Act
- Law on Artificial Intelligence (2025)
- Law No. 132/2025 on artificial intelligence
- EU AI Act
- Texas Responsible AI Governance Act (TRAIGA)
Matched from the record's risk domain and country to the instruments recorded here. A reviewer can correct the match in the repository (data/external/incident_overrides.yaml).
News reports (2)
Titles link to the original publisher; report 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...
- Technical and operational risks
"To date, technical limitations and vulnerabilities are present in most generative AI models in various contexts. Consequently, malicious users find it easier to breach an AI system’s safety and ethical guardrails to e...
Incidents in the same risk subdomain
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- PocketOS Production Database Was Reportedly Deleted by Cursor AI Agent Running Claude Opus 4.6
- Baidu Apollo Go Robotaxis Stopped in Traffic During Reported System Failure in Wuhan, Stranding Some Passengers
- Purportedly AI-Enabled Targeting System Was Reportedly Implicated in Deadly U.S. Strike on Iranian Primary School
- Claude Code Agent Reportedly Deleted DataTalks.Club Production Infrastructure, Database, and Snapshots via Terraform
- Purportedly AI-Generated Sepsis Alert Reportedly Prompted Potentially Inappropriate IV Fluid Administration for a Dialysis Patient, Averted by Clinician Intervention
Source record: incident #1099 on the AI Incident Database · all 2 reports