EXCLUSIVE: Provincial courts take the lead on AI-related decisions

Ontario and Quebec dominate as regional differences begin to emerge

EXCLUSIVE: Provincial courts take the lead on AI-related decisions
By Kiernan Green
Mar 30, 2026 / Share

Canada’s provincial courts have evolved into the primary forums shaping how artificial intelligence is treated in Canadian law. 

According to Canadian Lawyer magazine’s latest data report, Ontario and Quebec account for the largest share of AI-related decisions nationwide. As shown in the report’s jurisdictional charts, their combined share has increased steadily, in 2024 overtaking Canada’s federal courts and continuing into 2025. 

Canadian Lawyer magazine is pleased to promote its two-part “AI on Trail” report featuring court decisions related to AI at the federal and provincial level: a catalogue of major cases in which AI is mentioned or contested, along with the key trends they reveal, across every federal and provincial court and tribunal included on the Canadian Legal Information Institute, between the first quarter of 2021 and the second quarter of 2025. 

The report shows that, unlike federal courts, provincial decisions have reflected a broader range of legal contexts when concerning artificial intelligence. In Ontario, courts and tribunals are confronting AI in professional responsibility, criminal proceedings, and employment administrative disputes. The report’s court-level data highlights how generative AI has already raised issues around accuracy, verification, and counsel obligations. 

In Quebec, the focus has been more clearly on privacy and consent. As reflected in the report’s case summaries and charts, in Quebec, courts are addressing how biometric data, facial recognition, and automated systems interact with established civil law principles. 

The report’s 2025 data shows British Columbia’s growing share of AI-related cases, while Alberta reflects a more measured approach. These trends suggest that Canada’s AI jurisprudence may continue to develop unevenly across jurisdictions – especially with regard to AI-forward companies, namely facial recognition company Clearview AI. 

Administrative bodies play an important role as well. As detailed in the report’s tribunal-level analysis, provincial privacy commissioners and benefits tribunals are addressing transparency, access to information, and the practical effects of AI in daily decision-making. 

By tracing references to the terms machine learning, facial recognition, automated decision-making, and autonomous vehicles across all published legal decisions, the project provides the most comprehensive account of how Canadian courts and tribunals are engaging with and judging on AI, based on an analysis of 388 cases across 77 Canadian courts and tribunals. 

Canadian Lawyer magazine’s full-length report sets the numbers in context with expert commentary, including interviews with leading Canadian legal and AI scholars: Dr. Teresa Scassa, Dr. Pina D’Agostino, Professor Amy Salyzyn, and Professor Samuel Dahan examine how AI and large language models have reshaped legal reasoning and practice in months past and years ahead. 

See the full report here: the most detailed view of AI in Canadian case law to date, and essential intelligence for every lawyer navigating the fast-evolving intersections of AI and Canadian law. 

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