Nova Scotia Court of Appeal (Gogan, J.A.)
Arbuckle v. Tanner, 2026 NSCA 62
Sanctioned · 12 August 2026
What was fabricated
The self-represented appellant used AI tools to transcribe the audio of two hearings and to assemble his appeal book, instead of the certified court reporter required by Rule 90.29(5). Opposing counsel obtained an independent transcript and identified 39 discrepancies against the appellant's version — testimony inaccurately transcribed, testimony not stated by the witness at all, and entire exchanges between counsel and the trial judge missing altogether. The filed transcripts also carried a “certificate of court transcriber” page bearing the name, Nova Scotia registration number and signature of Sue Loney, a real certified transcriber, who confirmed by affidavit that she had transcribed and certified neither document. The appellant blamed the AI, saying it had pulled Ms Loney's certificate from an unrelated genuine transcript in his files; the Court rejected the AI excuse, finding he had filed a certificate of readiness he knew to be inaccurate and had filed uncertified transcripts twice. His factum cited the impugned transcript 24 times.
What happened as a result
Decision written 12 August 2026 (motion heard 6 August). Motion to dismiss granted; the appeal was dismissed outright for failure to perfect. Costs ordered on an indemnification basis under Rule 90.40(4) in the amount of $20,000. The Court held the non-compliance “was not a missed step or an insufficiency. It was non-compliance well disguised as compliance,” and noted that but for diligent opposing counsel the appeal could have proceeded on an inaccurate record.
Sources
- https://decisia.lexum.com/nsc/nsca/en/item/523867/index.do
- https://www.canadianlawyermag.com/practice-areas/family/nova-scotia-court-tosses-out-self-represented-litigants-appeal-after-he-blames-ai-for-fake-filings/394502
- https://www.damiencharlotin.com/documents/2828/Arbuckle-v.-Tanner-2026-NSCA-62.pdf
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