OBA PROGRAM | 12:00 PM - 1:30 PM (ET)

Photos, audio recordings, videos, screenshots, and digital documents have long been considered presumptively reliable. Generative AI has weakened that presumption. Convincing fabrications and subtle alterations can now be easily produced by anyone using AI, including your own client. The opposite problem is also growing as genuine evidence is increasingly challenged as fake, leading to increased delay and cost associated with proving authenticity. Regardless of the area in which you litigate, you need a working approach to both these issues.  

Join us for this practical discussion as we unpack handling digital evidence in the AI era, including:  

• Red flags to look out for in evidence received from opposing parties and your own clients  
• Best practices for authenticating and proving evidence, including lessons from the Canadian Judicial Council’s Fall 2026 Guidance for Canadian Judges on Evaluating Digital Media Evidence, and anticipated changes to the Rules of Civil Procedure  
• Getting ready for the Civil Rules Committee’s new proposed rules on AI-generated evidence, including the treatment of acknowledged and undisclosed AI-generated material and the question of prompt disclosure  
• The role of forensic experts and how to decide whether you need to retain one

PROGRAM CHAIR

Kathryn Manning, DMG Advocates LLP

SPEAKER

Maura Grossman, Research Professor, School of Computer Science, University of Waterloo and Principal, Maura Grossman Law