Hanna Ko Vs Hai Chun Li And Zhou Hang Li (Ontario Superior Court of Justice)
The Ontario Superior Court of Justice addressed two distinct issues. The first concerned serious concerns arising from the applicant’s factum, which contained citations to authorities that either did not exist, linked to unrelated decisions, or supported propositions contrary to those advanced. The court observed that the factum may have been generated using artificial intelligence without adequate verification. It held that lawyers have fundamental duties to the court, their clients, and the administration of justice, including accurately representing the law, ensuring authorities are genuine and support the propositions advanced, competently supervising legal research and staff, reviewing AI-generated material, and avoiding misleading the court. The court ordered counsel to show cause why she should not be cited for contempt, while preserving her procedural rights and requiring a further hearing on that issue.
On the merits, the applicant sought to set aside a divorce order dated June 23, 2020 under Rule 25(19) of the Family Law Rules, invalidate the divorce, pursue equalization and support claims against the deceased’s estate, remove a co-estate trustee, compel disclosure of estate assets, and obtain related relief. The competing claimant asserted that she had married the deceased after the divorce and opposed the application, contending that the divorce was valid and that the challenge was brought too late.
