Hussein v. Canada (Immigration, Refugees and Citizenship)
Egyptian refugee claimants' counsel filed a motion containing two non-existent cases generated by Visto.ai, an AI tool for Canadian immigration law. Counsel concealed the AI use through four court directions before admitting it. The court held that undeclared and unverified GenAI output compounded by concealment warranted special costs.
| Court | Federal Court of Canada |
|---|---|
| Citation | 2025 FC 1060 |
| Case number | IMM-23001-24 |
| Jurisdiction | Federal |
| Decided | |
| Parties | Plaintiff / Applicant: Wael Mostafa Aly Hussein et al. Defendant / Respondent: Minister of Immigration, Refugees and Citizenship |
| Judge | Justice Lobat Sadrehashemi |
AI context
AI system: Visto.ai
Counsel used Visto.ai, an AI legal research tool for Canadian immigration law, to research and draft a motion. The tool hallucinated two case citations filed without independent verification or disclosure to the court.
Significance
First Federal Court decision addressing concealment of AI tool use. Established that undisclosed and unverified GenAI output, compounded by attempts to conceal the source, constitutes special reasons for personal costs against counsel.
Outcome
Costs AwardSpecial costs directed. Counsel's undeclared and unverified use of GenAI, compounded by concealment through four court directions, held to constitute special reasons warranting personal costs.