By Areesha Arshad
Student Caseworker

AI-assisted legal tools have improved efficiency in routine business tasks like contract generation and ensuring early-stage compliance. But their rise has uncovered a structural deficit in Canada: Compared to foreign jurisdictions, Canadian small and medium sized enterprises (SMEs) face a lack of reliable, jurisdiction-specific legal AI tools.

As of 2021, Canada ranks 20th out of 35 countries in AI adoption among businesses with 10 or more employees. SMEs are lagging further behind, given that only 3% of businesses with under 100 employees have adopted AI tools. This deficit is indicative of regulatory and infrastructural issues that stifle the adoption of legal AI tools in Canada, hindering the growth trajectory of domestic start-ups. 

AI tools annually save 190 work hours per lawyer in the U.S. alone, translating to an estimated $20 billion worth of time savings. There is an opportunity for start-ups and SMEs to re-allocate capital saved on legal costs to other areas of their business.

Horizon Scan of Current Canadian Legal AI Solutions

Through our office hours consultations, we’ve learned that widely accessible large language models (LLMs) like ChatGPT, Claude, and Gemini are popular amongst founders as an aid for drafting contracts and corporate documents. But while they may be convenient, these generalist LLMs have structural limitations:

  1. An AI model can only be as good as the information it’s trained on, and some models haven’t been trained using a comprehensive, up-to-date database of jurisprudence.
  2. Because Canada is a federation, rules for areas like employment law, privacy, and consumer rights differ across provinces in ways LLMs may overlook.
  3. Models may have limited capacity to interpret statutes and apply court or tribunal decisions.

While we came across some tools designed for the Canadian legal landscape, most of them were unfortunately tailored to law firms (rather than being marketed as direct-to-consumer aides), and often came with expensive pricing structures that are likely to be out of reach for early-stage founders.

Regulatory Constraints: Legal Information vs. Legal Advice

One challenge for AI tools is the regulatory uncertainty surrounding the unauthorized practice of law. In Ontario, section 1(5) of the Law Society Act defines legal services as

“conduct that involves the application of legal principles and legal judgment with regard to the circumstances or objectives of a person.”

AI-assisted tools that offer customized drafting or guidance specific to a user’s circumstances risk being seen as unauthorized providers of legal services. In the interests of promoting access to affordable legal services, regulators of the legal profession could explore authorizing the deployment of direct-to-consumer AI tools that provide relatively basic legal services, provided the resulting risks to consumers and the public are limited.

Technical and Liability Constraints

As mentioned earlier, the generalist LLMs founders often turn to are prone to fall short when it comes to making legal judgments, interpreting statutes, and consistently applying case law. We tested out multiple generative AI models, each of which demonstrated limitations, like the inability to differentiate between compliance requirements under the Canada Business Corporations Act (CBCA) and provincial equivalents (e.g., Ontario Business Corporations Act). Some prompts can produce inconsistent answers, leaving users more confused than when they started.

Legal tools must be accurate. If an AI output leads to a major mistake (e.g., misclassifying employees, misapplication of securities exemptions, non-compliant privacy practices), entrepreneurs may face significant financial and reputational harm. It is unclear whether clients would have recourse in such cases. While a licensed lawyer typically has professional insurance, liability becomes unclear in the context of legal AI tools.

In response to uncertainty in this area, on October 29, 2025, OpenAI prohibited users from using its platform for the “provision of tailored advice that requires a license, such as legal or medical advice, without appropriate involvement by a licensed professional.” However, it’s unclear how OpenAI will be able to meaningfully enforce this policy. And in any event, it doesn’t solve founders’ need for low-cost, reliable legal services.

Infrastructure Barriers and Market Size

The biggest infrastructure barrier to the development of direct-to-consumer legal AI tools in Canada is the lack of an extensive, machine-readable legal corpus. Machine-readable corpuses are large, structured digital collections of legal texts AI systems can access and learn from.

Access to important legal information is heavily restricted. CanLII prohibits commercial scraping of its database of case law, preventing developers from training models on it. Decisions and commentaries are often locked behind commercial databases typically accessible only to legal practitioners (e.g., Westlaw, Lexis+). And so far, there’s been no government initiative to democratize legal data access for AI development, unlike the Caselaw Access Project in the US.

Beyond these hard restrictions, Canada’s smaller start-up ecosystem and limited venture capital investment in the legal technology industry further disincentivize innovation.

Potential Paths Forward

Broader policy, regulatory, and infrastructure limitations exacerbate the Canadian legal AI deficit. Without access to appropriate tools, founders end up relying on generalist LLMs that aren’t equipped to tackle the nuances of the Canadian legal framework.

Addressing this issue requires collaborative efforts among government policymakers, law societies, and capital holders to:

  1. Establish an accessible Canadian legal corpus.
  2. Provide guidance and exemptive relief to facilitate innovation while limiting risk to consumers.
  3. Encouraging investments in Canadian legal technology to match innovation seen in other jurisdictions.

Our research is just scratching the surface; the lack of domestic legal AI remains a complex and structural issue. These are not foolproof solutions, but rather, general guiding principles to help unlock AI’s potential for Canadian entrepreneurs.

Posted in