On the issue of AI hallucinations in court filings, in a motion decision in Ko v. Li (2025 ONSC 2766) released on May 6, 2025, Justice Myers of the Ontario Superior Court of Justice weighed in unequivocally on the appropriate use of AI.

The case involves an estates/family law application. Counsel for the applicant delivered a factum dated April 25, 2025 referencing several (apparently) reported decisions. During oral submissions, counsel referred to these cases to support her client’s arguments. However, the motions judge determined that the hyperlinks in the Factum took him to one case that was unrelated to the facts at hand, and in the second instance, to an error message. The Judge conducted further searches for the cited cases, but was unable to find them. The judge directly asked counsel if her factum was prepared by AI. Counsel advised “that her office does not usually do so but that she would have to check with her clerk.” Unfortunately, counsel was unable to provide the court citations to the cases cited in her factum or relied on in her oral submissions. Justice Myers identified this as “a significant issue”.

Justice Myers stated, in his decision on the hearing, that “It is the lawyer’s duty not to fabricate case precedents and not to mis-cite cases for propositions they do not support”. He noted that counsel “may have committed grave breaches of her duties that may amount to contempt in the face of the court.” He ordered the lawyer to show cause why she should not be cited for contempt.

Clearly, Justice Myers’ decision stands for the strong proposition that, absent an explanation, the breach of a lawyer’s duty to validate the authenticity of the cases they are citing to the Court, whether in written or oral submissions, and even if written by other members of the firm, will be taken very seriously.

This case serves as a cautionary tale for the legal community. Ethical considerations aside, a pre-requisite to the use of AI technology is building guardrails, processes, and policies around its use.

The New Frontier: How Social Media Impacts Family Law Cases in 2024

By: Connect Family Law - April 15th, 2024

In the ever-evolving landscape of family law, one factor has become increasingly prevalent and impactful: social media. In 2024, the digital footprint left by individuals on platforms like Facebook, Instagram, and Twitter has become a consideration in family law cases. As compassionate and resolution-focused family lawyers, we recognize the importance of understanding and navigating the complexities of social media in today’s legal landscape.

Social media has fundamentally transformed how we communicate, connect, and share information. At the same time, these platforms offer many benefits but present unique challenges, particularly in family law. From divorce proceedings to custody disputes, social media activity can play a role in shaping the outcome of cases.

One of the most significant ways social media impacts family law cases is through evidence gathering. Posts, photos, and messages shared on social media platforms can provide valuable insights into a party’s behaviour, lifestyle, and relationships. In cases involving child custody or spousal support, social media activity may be used to establish patterns of behaviour or document financial resources.

However, it’s essential to recognize that social media evidence is not always straightforward. Context matters, and what may seem incriminating at first glance could have a reasonable explanation when viewed in context. That’s why individuals involved in family law cases must exercise caution and discretion when using social media. A seemingly innocuous post or photo could be misinterpreted or used against them in court.

Furthermore, social media can impact the emotional dynamics of family law cases. The public nature of these platforms can exacerbate conflicts and fuel animosity between parties. Negative or inflammatory posts can escalate tensions and undermine attempts at amicable resolution. Conversely, parties who share too much personal information on social media may find themselves at a disadvantage, as their actions and statements may be subject to scrutiny.

In most cases, we advise our clients to approach social media cautiously during legal proceedings. We understand the potential pitfalls and ramifications of careless online behaviour and work closely with our clients to mitigate risks and protect their interests. Our goal is to help our clients navigate the complexities of social media in family law cases, ensuring that their online presence does not jeopardize their legal objectives.

From evidence gathering to emotional dynamics, the impact of social media on legal proceedings has become an important factor in family law cases. Together, we are committed to helping our clients navigate this new frontier confidently and clearly. By understanding the complexities of social media and its implications for family law, we empower our clients to make informed decisions and achieve favourable outcomes.

Working for Workers Acts Four, Five and Six: In-Force Dates and New Regulations for Ontario Employers

By: Anna Abbott, Shanté Brown and Sana Najafi. - Blakes

May 7, 2025

This bulletin summarizes key elements of recent employment-related bills passed in the Ontario legislature that will impact Ontario employers.

Legislative Developments 

On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 (Bill 149) received royal assent. As noted in our previous bulletin on this topic, Bill 149 amends various employment-related legislation in Ontario, including the Employment Standards Act, 2000 (ESA), Workplace Safety and Insurance Act, 1997 (WSIA), Digital Platform Workers’ Rights Act, 2022 (DPWRA), and Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPCTA).

On October 28, 2024, Ontario’s Bill 190, Working for Workers Five Act, 2024 (Bill 190) received royal assent. As noted in our previous bulletin on this topic, Bill 190 amends various employment-related legislation in Ontario, including the ESA and the Occupational Health and Safety Act (OHSA).

On December 19, 2024, Ontario’s Bill 229, the Working for Workers Six Act, 2024 (Bill 229) received royal assent. Bill 229 amends various employment-related statutes, including the ESA and OHSA.

In our previous bulletins, we highlighted changes made, noting which amendments were already in effect and which would be proclaimed in force at a later date. Many of the in-force dates have now been provided, and the relevant dates are discussed below.

Further, we note that in April 2025, the government of Ontario published its guidance on various upcoming amendments to the ESA.

Employment Standards Act, 2000

Job Postings

Key amendments to the ESA regarding publicly-advertised job postings will take effect January 1, 2026. These requirements will apply to Ontario employers who employ 25 or more employees on the day the publicly-advertised job posting is posted.

Pursuant to a new ESA regulation (O. Reg. 476/24), “publicly-advertised job posting” is defined as an external job posting that an employer or a person acting on behalf of an employer advertises to the general public in any manner. However, it does not include:

• A general recruitment campaign that does not advertise a specific position
• A general help wanted sign that does not advertise a specific position
• A posting for a position that is restricted to existing employees of the employer, or
• A posting for a position for which work is to be:
  • Performed outside Ontario, or
  • Performed outside Ontario and in Ontario and the work performed outside Ontario is not a continuation of work performed in Ontario

In particular, these ESA amendments and regulations will require that for any publicly-advertised job posting, an employer must:

• Include the expected compensation for a position, or the range of expected compensation for a position (the range of compensation in a job posting cannot exceed C$50,000 annually). However, note that job postings for positions where the expected compensation is equivalent to (or the compensation range ends with) an amount greater than C$200,000 annually are exempt from this requirement
• Disclose the use of artificial intelligence in screening, assessing or selecting applicants for a position
• Include a statement disclosing whether the job posting is for an existing vacancy
• Retain copies of every publicly-advertised job posting for three years after the posting is taken down

Employers are prohibited from including any requirements related to Canadian experience in any publicly-advertised job posting or associated application form. 

Furthermore, where an employer interviews an applicant for a publicly-advertised job posting, the employer must advise the applicant as to whether a hiring decision has been made in respect of the position. Such information must be provided in person, in writing or electronically within 45 days after the date of the interview (or date of the last interview, if there are multiple interviews).

Employment Information

Amendments to the ESA regulation O. Reg. 285/01 prescribe employment information that must be provided to an employee or a prospective employee in writing and when the information must be provided.

These provisions apply to Ontario employers who employ 25 or more employees on the employee’s first day of work.

As of July 1, 2025, the following information must be provided to an employee before their first day of work, or where that is not practicable, as soon thereafter as is reasonably possible:

• The legal name of the employer, as well as any operating or business name of the employer if different from the legal name
• Contact information for the employer, including address, telephone number and one or more contact names
• A general description of where it is anticipated that the employee will initially perform work
• The employee’s starting hourly or other wage rate or commission, as applicable
• The pay period and pay day established by the employer
• A general description of the employee’s initial anticipated hours of work

Leaves

Amendments to the ESA provide for two new unpaid leaves for eligible employees:

As of June 19, 2025, a new long-term illness leave will be implemented, entitling an employee with at least 13 weeks of service to an unpaid leave of up to 27 weeks every period of 52 weeks if the employee is unable to perform the duties of their position because of a serious medical condition. For the purposes of an employee’s entitlement under this section, any day taken in a week will count as a week toward the leave.

A new placement of a child leave will be implemented, entitling an employee with at least 13 weeks of service to an unpaid leave of up to 16 weeks after the placement or arrival of a child into the employee’s custody, care and control through adoption or surrogacy. This leave is not yet in force but will be on a date to be named by proclamation of the Lieutenant Governor.

Occupational Health and Safety Act

Minimum Fines

The maximum fine that may be imposed upon the corporation for an offence under the OHSA remains C$2,000,000. However, a new minimum fine of C$500,000 has been implemented for corporations found guilty of a second or subsequent offence under the OHSA that results in the death or serious injury of one or more workers in a two-year period.

Personal Protective Clothing

While employers are already required to provide equipment, materials and protective devices and to maintain them in good conditions, a new requirement has expressly been introduced to ensure that personal protective clothing and equipment that is provided, worn or used is a proper fit and is appropriate in the circumstances, having regard to all relevant factors, including such factors as may be prescribed by regulation.

Workplace Safety and Insurance Act, 1997

The following change introduced by Bill 190 will take effect on July 1, 2025:

• Constructors and employers must maintain washroom facilities to be used by workers in a clean and sanitary condition.

The following change introduced by Bill 190 will take effect on January 1, 2026:

• Constructors and employers must maintain records of washroom facility cleanings. Pursuant to a new regulation, records must include the date and time of the two most recent cleanings of the washroom facility, and the record must be posted in a conspicuous place in or near the washroom where it is likely to come to the attention of workers. Alternatively, the records can be posted electronically, and workers must be provided with direction on where and how to access the record.
• Pursuant to a new regulation, in addition to the above, constructors must also keep a record of the servicing of washroom facilities, including any associated cleaning and sanitizing, that occurs at the project site. Records must be kept for the past six months or the duration of the project, whichever is shorter.

Digital Platform Workers’ Rights Act, 2022 

The DPWRA and its associated regulation will come into force on July 1, 2025. DPWRA establishes rights for workers who perform digital platform work, which is defined as the “provision of for-payment ride share, delivery, courier or other prescribed services by workers who are offered work assignments by an operator through the use of a digital platform” (note that taxicab and limousine services are not included). DPWRA sets out the obligations of operators, defined as “a person that facilitates, through the use of a digital platform, the performance of digital platform work by workers”.

Key rights and entitlements under the DPWRA can be found in our bulletin dated March 3, 2022.

For more information on the above regulations and in-force dates, please contact any member of our Employment & Labour group.