Ontario Land Tribunal 655 Bay Street, Suite 1500, Toronto, ON M5G 1E5 Tel: 416-212-6349 | 1-866-448-2248 Web Site: olt.gov.on.ca

Practice Direction on the Use of Artificial Intelligence in Tribunal Proceedings

This Practice Direction provides guidance to parties, participants, and members of the public about the use of generative artificial intelligence (AI)[1] in Ontario Land Tribunal proceedings, in line with the Government of Ontario’s Responsible Use of Artificial Intelligence Directive, and best practices from other courts and tribunals across Canada.

Use of AI by Tribunal members

The Tribunal upholds its mission to deliver modern, fair, responsive, accessible, effective and efficient dispute resolution services that support strong, healthy communities and the public interest.

Adjudication is a human responsibility. Tribunal members hear cases and make decisions based on the evidence and submissions provided by parties. They do not use AI to make decisions or analyze evidence. Tribunal members are fully accountable for their decision-making.

AI and Tribunal proceedings

Effective for hearing events starting on or after March 30, 2026.

Declaration concerning use of generative AI

In some instances, AI may be a helpful tool, but it is not perfect. It is well-documented that AI tools may make mistakes, fabricate legal cases, or misrepresent facts. While the Tribunal does not prohibit the use of AI to create or generate content in a document prepared for the purpose of a proceeding, individuals are required to disclose any such use of AI by way of a declaration.

A party, participant, or witness must inform the Tribunal and the other parties of their use of generative AI, to ensure that documents created using AI receive sufficient scrutiny of their accuracy. For greater clarity, the declaration is only intended to notify the Tribunal and parties so that they can govern themselves accordingly. The inclusion of a declaration, in and of itself, will not result in any adverse inference by the Tribunal in respect of the party submitting materials generated by AI.

The first paragraph of each document in which AI was used to create or generate content must contain the following declaration:

Artificial intelligence (AI) was used to generate content in this document [at paragraphs x to y]. All content generated by AI, and the authenticity of all authorities cited in this document, has been reviewed and verified by [include the name of the individual].

A declaration is expected only when generative AI is used to create content in a document. A declaration is not required if AI was used to merely suggest changes or critique content already created by a human who then considered and manually implemented the changes.

Costs and other consequences

The Tribunal has broad powers to manage its proceedings, and a presiding Member has discretion to consider evidence and submissions. Where an individual submits inaccurate or misleading materials to the Tribunal that were generated by AI, those materials will not be relied on and may be struck from the record.

The submission of inaccurate or misleading material, failing to provide a declaration when required, or providing a false declaration, may constitute unreasonable conduct leading to an award of costs against the non-compliant party, pursuant to Rule 23 in the Ontario Land Tribunal’s Rules of Practice and Procedure.

Further best practices

Keep these key points in mind:

1. Be cautious: AI results can be wrong. If an AI tool identifies legal sources or analyzes information, double-check the results carefully. Parties are responsible for the accuracy of any case law, articulations of legal principles, or evidence that is tendered.
2. Use reliable sources: AI might provide incorrect or fabricated legal sources. Always verify the information by going directly to trusted sources, such as court or tribunal websites, official publishers, or recognized legal databases like CanLII for case law.
3. Human responsibility: You are responsible for the accuracy of your written and oral submissions, even if AI helped prepare them. Always cross-check the information against reliable databases to ensure it is accurate and trustworthy. This protects the integrity of our justice system.

The Tribunal may adjust this Practice Direction as necessary.

Last updated: January 29, 2026

[1] Artificial intelligence includes systems called “large language models.” These are a type of AI that can understand and create human-like text by learning from a large amount of data. Examples include ChatGPT, Google Gemini, and Microsoft Copilot Chat.