Fraser was interviewed by Canadian Lawyer Magazine in January, 2025. He discussed his landmark AI case and reflected on his work and approach to family law.
For Fraser MacLean, successful family law practice is a team effort
In December 2023, Fraser MacLean faced a pivotal family law case involving a father’s request to take his children from British Columbia to China for the holidays against the mother’s opposition. The opposing counsel cited two precedents from the Supreme Court of British Columbia that seemed to strongly support the father’s position. After some investigation however, the team discovered these case citations were fabricated, and were generated by an AI tool. This discovery marked the first known instance of AI-hallucinated case law in Canada, and drew attention to the risks of AI in legal practice. Despite the challenge, Fraser’s team ultimately secured a favorable outcome for their client.
The incident sparked a swift response from Canada’s legal community. The Law Society of British Columbia launched an investigation into the opposing counsel, while courts and law societies nationwide introduced guidelines and directives for the responsible use of generative AI in legal proceedings. Justice David Masuhara, who presided over the case, highlighted the irreplaceable role of professional expertise in law, despite advancements in AI technology. For Fraser, the case served as a reminder of the importance of diligence and human judgment in his field.
MacLean’s career in family law has been shaped by mentorship, teamwork, and a commitment to help others during challenging times. Fraser credits an athletic background for instilling discipline, leadership, and collaboration – qualities he consistently applies in his practice.
Fraser’s dedication was recognized in 2024 when MacLean Family Law received the LEAP Legal Software Award for Family Law Firm of the Year, a milestone that underscored the collective efforts of his team in achieving success. Fraser has appeared in all levels of court in British Columbia, including the BC Court of Appeal. He has a long list of reported judgments that speak to his skill and expertise in handling complex litigation matters, and throughout his career, Fraser has worked on various high-profile cases spanning national, international, and local levels.
