In late 2025, AI achieved a breakthrough in chained reasoning capability marking a pivotal transition from static AI chatbots to multi-agent workflows that can follow a sustained reasoning path. This has opened the door to much more sophisticated step-by-step problem-solving by AI and its ability to follow detailed instructions.
As AI progresses every month at remarkable speed, our role in managing AI to achieve the results we intend will change as AI changes. This is a moving target – the possibilities, opportunities, and risks in using AI will change month to month, model by model, and case by case.
For AI use generally, the rapidly progressing quality of AI is changing our expectations of when and how to use AI. AI is becoming embedded in software tools and online services we use everyday, often as an invisible layer ‘under the hood’ that operates as the engine that powers these services. As a result, we are increasingly relying on AI – whether we realize it or not.
In the litigation world, this has translated to increasingly prevalent use of AI by litigants (and lawyers) who have turned to AI to provide assistance and execute tasks through the various stages of litigation. This is new territory in practice and at law – lawyers and litigants are grappling with how best to use AI to achieve reliable results, and many long-standing procedural and substantive rules have yet to see clear application by the courts when AI enters the picture.
This poses three problems:
- we are uncertain how AI use in a given scenario will be interpreted by Canadian courts because the cases do not exist yet,
- opinions about how AI use should be evaluated vary, and
- the pace of progress of AI may well mean that standards and beliefs we held about AI six months ago have now become out of date.
The solution? To stay current and keep a head up on AI news and its trending use in Canada. To that end, we are launching this blog series on AI in litigation to provide a guide to litigators and litigants alike about how AI and litigation will intersect. Stay tuned for more.
This blog is the first in a series on AI and litigation in Canada – follow us for more to stay up to date on recent developments in AI and litigation.
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