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AI VORTEXLEGAL AI RISK INTELLIGENCE
CASE BRIEF / REVIEW PACKETAV-CB-1HLTAY7Generated September 10, 2026Evidence checked Sep 10, 2026
TRACKED PUBLIC MATTER

RSR Road Surface Recycling v Bonnechere Excavating et al.

Ontario SCJ · Feb 4, 2026

Jurisdiction
international
Court
Ontario SCJ
Record ID
rsr-road-surface-recycling-v-bonnechere-excavating-et-al-2026-02-04
Observed outcome
The court disregarded the plaintiff's factum and reserved the right to factor the AI misuse into future cost submissions.
Known monetary consequence
Not recorded
ADVISOR READOUT

Why this matter warrants attention

The court found that counsel used AI to generate a factum containing fabricated quotes and mischaracterized case law. Counsel admitted to failing to verify the content of cited authorities. The court disregarded the factum and reserved the right to consider this misuse of AI when determining final cost awards.

Why the decision-maker cared

False Quotes: Case Law | Factum contained a quotation attributed to a Court of Appeal decision that could not be located in the cited decision; counsel could not produce the quoted passage when asked. || Misrepresented: Case Law | Principles set out in RSR's factum did not match the actual findings of Louis Jones Construction Ltd. v. Rocque, 2022 ONSC 2362; the case was mischaracterized.

Why it matters now

If counsel cannot produce the quoted passage on demand, the quote is AI-hallucinated; verify quotations against the source decision pre-filing.

RECORDED ISSUES

Failure modes and consequences

  • Fabricated Quotes
  • Misrepresented Authority
  • Contract
  • Trial
  • Monetary
AI attribution
Admitted
Recorded tool
Unidentified
Known monetary consequence
Not recorded
Procedural posture
Motion to dismiss for delay and for security for costs heard by the Ontario Superior Court of Justice.
PRIMARY SOURCE

Damien Charlotin case archive

Publisher document archive. The recorded document is hosted in the upstream publisher archive.

Open underlying source

A recorded source link is not a substitute for checking the underlying order, filing, opinion, or disciplinary record.

EVIDENCE BOUNDARY

What this record does—and does not—establish

Counsel admitted to using AI software but did not name it.

Retained unchanged after audit: the existing summary is source-specific, non-placeholder, and supported by the recorded source link. Read the underlying source before relying on it for legal advice or a filing.

Latest evidence review: Primary Document Verified (high confidence).

PRACTICAL REVIEW IMPLICATIONS

Controls suggested by the public record

  1. Verify each cited authority, quotation, and proposition against the underlying source before filing.
  2. Do not treat a paid legal-research product as a substitute for source verification.
  3. Retain a matter-level record of source checks and corrections.