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Nelligan O’Brien Payne v Amy French

Court
IP Office
Jurisdiction
Canada
Decided
2025-12-19
AI tool
Implied
Outcome
Warning
Monetary penalty
None reported

What was hallucinated

Misrepresented: Case Law | Requesting Party cited Burke‑Robertson v Carhartt Canada Ltd (1994), but Board found the decision did not stand for the principle relied upon. || Misrepresented: Case Law | Requesting Party cited Shapiro Cohen Andrews & Finlayson v 1089751 Ontario Limited (2003), but Board found the decision did not stand for the principle relied upon. || Misrepresented: Other | Board observed multiple inaccurate citations in the Requesting Party's written representations and noted these could result from failure to verify generative AI outputs.

Sanction teardown · IP Office, Canada · 2025-12-19

Nelligan O’Brien Payne v Amy French

What happened

In IP Office, Canada, a filing relied on an unnamed/unconfirmed AI tool to help draft legal argument. The court identified the following problems with the citations in that filing:

  • Misrepresented (Case Law)
    Requesting Party cited Burke‑Robertson v Carhartt Canada Ltd (1994), but Board found the decision did not stand for the principle relied upon.
  • Misrepresented (Case Law)
    Requesting Party cited Shapiro Cohen Andrews & Finlayson v 1089751 Ontario Limited (2003), but Board found the decision did not stand for the principle relied upon.
  • Misrepresented (Other)
    Board observed multiple inaccurate citations in the Requesting Party's written representations and noted these could result from failure to verify generative AI outputs.

Which AI tool

an unnamed/unconfirmed AI tool. Note: Charlotin's public database records tool attribution only where a court order, brief, or reporting on the matter states it explicitly; "unidentified" or "implied" means the record indicates AI use but does not name a specific product — we do not guess.

Outcome

Warning

How Citation Safe would have caught this

Citation Safe runs three deterministic layers before a brief is filed: (1) does the citation exist against CourtListener's database of published opinions, (2) if quoted, does that exact language appear in the source, (3) does the cited case actually support the proposition it is cited for. Fabricated case citations fail Layer 1. Fabricated or misattributed quotations fail Layer 2 even when the underlying case is real. Misrepresented holdings — a real case cited for a proposition it does not support — are the target of Layer 3. None of these checks involve asking another language model whether the citation looks right; they are lookups and text-matches against the actual source, which is why a hallucinated citation has to survive a direct lookup against the authoritative source — not another model's opinion — to earn a VERIFIED stamp; our measured false-verify rate is published live at /quality.

Check a brief before you file it → · See our live false-verify rate

Source: https://www.damiencharlotin.com/documents/1282/In_re_Grey_Matter_Canada.pdf, via Damien Charlotin's public AI Hallucination Cases Database (CC0).

Source: https://www.damiencharlotin.com/documents/1282/In_re_Grey_Matter_Canada.pdf

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