The Quebec Superior Court grappled with the use of artificial intelligence in an arbitration decision recently in Association des ressources intermédiaires d'hébergement du Québec (ARIHQ) v. Santé Québec - Centre intégré universitaire de santé et de services sociaux du Centre-Sud-de-l'Île-de-Montréal, 2026 QCCS 1360 (CanLII). This was a private arbitration where the Superior Court quashed the arbitration decision because significant portions were generated by artificial intelligence rather than by the arbitrator himself. Reading the decision on its face revealed serious issues as the arbitrator’s reasons referenced non-existent scholarly articles and judicial decisions (see paragraphs 102 to 112). The Court did leave the door open that an arbitration decision would not be quashed if the use of artificial intelligence was minimal or was about a less important issue (see paragraph 117).
It's time to renew your membership. Questions? Please contact Member Services.
