Technology has changed the way people access information about divorce and family law. Today, someone going through a separation can search online, ask an artificial intelligence (AI) tool a question and receive information within seconds.
Lawyers are also beginning to use artificial intelligence in their practices. AI can assist with tasks such as organizing information, preparing drafts, and conducting preliminary research. However, information generated by AI is not necessarily accurate, and it may sometimes produce information that is incorrect or simply does not exist.
The potential consequences of relying on unverified AI-generated information were recently highlighted by the Ontario Superior Court of Justice in Ko v. Li, 2025 ONSC 2766.
In this blog, we discuss what happened in Ko v. Li, why the Court was concerned about the use of AI, and what the decision means for lawyers and clients navigating family law matters in Ontario.
Ko v. Li, 2025 ONSC 2766: A Case Overview
In Ko v. Li, 2025 ONSC 2766, Justice Myers considered the potential risks that can arise when generative AI is used in litigation.
The issue arose from a dispute involving family law and wills and estates issues. As part of the proceeding, the applicant’s lawyer filed a factum that relied on several reported decisions and referred to those decisions during oral argument. The problem was that several of the cited decisions could not be located, and others did not support the arguments for which they were cited.
For example, one hyperlink led to an unrelated commercial real estate decision. Another link produced an error rather than the cited case. Other decisions were either unrelated to the issue being argued or had been described inaccurately.
During the hearing, counsel was unable to provide copies of some of the decisions or confirm that the cited cases supported the arguments being made.
This raised concerns about counsel’s obligations to the Court. Justice Myers emphasized that lawyers have a duty to accurately present the law, cannot rely on decisions that do not exist or do not support the propositions for which they are cited, and must review material prepared by others or with the assistance of technology before relying upon it in Court.
Concerns About the Use of Artificial Intelligence in Ontario Courts
The decision in Ko v. Li highlights the importance of carefully reviewing and verifying legal information, regardless of whether it was prepared by a lawyer, a clerk, or with the assistance of AI or other technology. Justice Myers emphasized that lawyers have a responsibility to ensure that the information and decisions they rely upon are accurate before presenting them to the Court.
This is particularly important when using AI while navigating a family law matter. An AI tool may generate a case citation that looks legitimate, but the case may not exist, the citation may be incorrect, or the case may not say what the AI suggests it does.
For family lawyers, this means that AI-generated research cannot simply be accepted without further review. A lawyer using AI to assist with legal research must still review the relevant legislation and case law, make sure the information provided is accurate, and confirm that any cases relied upon actually support the argument being made.
The same principle applies when AI is used to assist with drafting legal documents. Whether a document is prepared entirely by a lawyer or with the assistance of an AI tool, the lawyer remains responsible for the accuracy of the final product. Before a document is provided to a client or filed with the Court, it should be carefully reviewed to ensure that it accurately reflects the law and the facts of the case.
How Does AI Affect Family Law Matters in Ontario?
For family law lawyers, these concerns are especially significant because family law disputes are often highly fact-specific. Issues such as parenting, child support, spousal support, property division, and equalization can depend on the circumstances of each family. An AI-generated response may provide a general explanation of the law while overlooking facts that could materially affect the outcome.
At the same time, Ko v. Li does not mean that lawyers cannot use artificial intelligence. Rather, the decision illustrates the importance of using technology responsibly. AI can assist lawyers with tasks such as organizing information, generating initial drafts, or identifying potential areas for further research. However, this does not replace the lawyer’s obligation to exercise professional judgment and verify the information.
Lawyers must independently review and verify AI-generated information using reliable and authoritative legal sources.
The Role of AI for Family Law Clients
Ko v. Li also has practical implications for people going through separation or divorce in Ontario.
Many clients now have direct access to AI tools and may use them to ask questions about their legal rights. For example, someone might ask an AI tool:
- How property is divided after separation;
- How child support is calculated in Ontario;
- Whether they are entitled to spousal support; or
- What documents they need to begin a court proceeding.
These tools can help someone identify questions or issues that they should discuss with a lawyer. However, an AI-generated answer should not be treated as a complete substitute for legal advice.
This is because answers generated by an AI tool may be based on incomplete information, may not reflect the most recent law, or may fail to account for facts that could significantly change the outcome.
There is also an important privacy consideration when it comes to AI and legal matters. Individuals should be cautious about entering confidential or identifying information into publicly available AI platforms. Divorce and family law files can contain highly sensitive information concerning children, finances, health, relationships, and other private matters.
Someone considering using AI in connection with a family law matter should treat it as a tool for gathering information rather than as a replacement for legal advice.
Speak with an Experienced Family Lawyer at Gelman and Associates About Your Legal Matter in Ontario
Artificial intelligence is becoming an increasingly common source of information for people navigating separation and divorce. While these tools can be helpful for general information, Ko v. Li highlights the importance of verifying AI-generated information before relying on it.
The decision serves as a reminder that inaccurate or unverified information can have serious consequences when used in legal proceedings, and that lawyers remain responsible for the work they provide to clients and the Court.
Family law matters are often complex and highly dependent on the specific circumstances of each family. Questions about parenting, child support, spousal support, property, and other issues require more than a general answer. Understanding how the law applies to your specific circumstances can help you make informed decisions about the next steps in your matter.
If you are separated or considering divorce and have questions about your rights, obligations, or options under Ontario family law, our Toronto family lawyers at Gelman and Associates can help.
Contact us today to schedule a confidential, complimentary consultation to discuss your circumstances.
