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Thank you for completing the Barrister Mini Exam. Here is your result:
Results:
Exam Type: Barrister Mini Exam
Overall Score: 0 out of 80
Overall Percentage: 00.0%
Duration: 00:07:23
Section Breakdown:
0% (0/25)Civil Litigation
0% (0/20)Criminal Law
0% (0/20)Family Law
0% (0/15)Public Law
Overall Score : 0 / 80
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Civil Litigation:
0/0
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Criminal Law:
0/0
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Family Law:
0/0
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Public Law:
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Question 1 of 80
1. Question
Category: Civil Litigation1. Aleena, a lawyer, recently opened a new law practice, named ABC LLP, which advises clients on civil litigation and criminal law matters. Aleena is considering hiring up to three lawyers to help manage her practice. What should Aleena prioritize doing for her newly opened practice?
Correct
Solution: The best answer is (a). A barrister should make appropriate arrangements for practice absences to account for practice interruptions, planned absences and unplanned absences. This is an entry-level barrister competency, and hence should be prioritized. The other options should not be prioritized over this. (b) is virtually impossible; in fact, lawyers have to follow certain identity and verification rules, which by their nature, require lawyers to collect personal information about their clients. (c) is a nice-to-have, but should not by any means be a priority, and is no where prescribed by the Law Society in either its Rules of Professional Conduct or By-Laws. Finally, (d) is also not necessarily a priority. It may make sense for Aleena to hire support staff first; but at the same time, it may make sense to hire lawyers first. As with (c), the Rules and By-Laws provide no guidance on this as it’ll ultimately depend on the lawyer, the lawyer’s skillset and the nature of their practice, among other things.
Incorrect
Solution: The best answer is (a). A barrister should make appropriate arrangements for practice absences to account for practice interruptions, planned absences and unplanned absences. This is an entry-level barrister competency, and hence should be prioritized. The other options should not be prioritized over this. (b) is virtually impossible; in fact, lawyers have to follow certain identity and verification rules, which by their nature, require lawyers to collect personal information about their clients. (c) is a nice-to-have, but should not by any means be a priority, and is no where prescribed by the Law Society in either its Rules of Professional Conduct or By-Laws. Finally, (d) is also not necessarily a priority. It may make sense for Aleena to hire support staff first; but at the same time, it may make sense to hire lawyers first. As with (c), the Rules and By-Laws provide no guidance on this as it’ll ultimately depend on the lawyer, the lawyer’s skillset and the nature of their practice, among other things.
Unattempted
Solution: The best answer is (a). A barrister should make appropriate arrangements for practice absences to account for practice interruptions, planned absences and unplanned absences. This is an entry-level barrister competency, and hence should be prioritized. The other options should not be prioritized over this. (b) is virtually impossible; in fact, lawyers have to follow certain identity and verification rules, which by their nature, require lawyers to collect personal information about their clients. (c) is a nice-to-have, but should not by any means be a priority, and is no where prescribed by the Law Society in either its Rules of Professional Conduct or By-Laws. Finally, (d) is also not necessarily a priority. It may make sense for Aleena to hire support staff first; but at the same time, it may make sense to hire lawyers first. As with (c), the Rules and By-Laws provide no guidance on this as it’ll ultimately depend on the lawyer, the lawyer’s skillset and the nature of their practice, among other things.
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Question 2 of 80
2. Question
Category: Civil Litigation2. Karina has been the chief executive officer of ABC Corporation since 1995. ABC Corporation manufactures and distributes reusable water bottles. Recently, she discovered that a competitor had replicated one of her core products. She approaches a lawyer, Guytano, to commence an action. During the initial consultation, Karina notifies Guytano that she recently declared bankruptcy. Prior to commencing an action on behalf of Karina, what must Guytano do?
Correct
Solution: Since Karina told Guytano that she has recently been bankrupt, Guytano must verify that she is a discharged bankrupt before commencing an action on behalf of Karina, and hence (b) is the correct answer. Providing a retainer agreement is ideal for any client engagement, but is not a must (except for limited scope retainers), and hence, (a) is incorrect. For (c), asking whether Karina’s corporation has employees or independent contractors is of little use. Finally, for (d), while a lawyer should encourage a client to compromise or settle a dispute whenever possible, there is no requirement to hold a mediation session before commencing an action, unless the situation falls under R.24.1 of the Rules of Civil Procedure, which is not clear in this case.
Incorrect
Solution: Since Karina told Guytano that she has recently been bankrupt, Guytano must verify that she is a discharged bankrupt before commencing an action on behalf of Karina, and hence (b) is the correct answer. Providing a retainer agreement is ideal for any client engagement, but is not a must (except for limited scope retainers), and hence, (a) is incorrect. For (c), asking whether Karina’s corporation has employees or independent contractors is of little use. Finally, for (d), while a lawyer should encourage a client to compromise or settle a dispute whenever possible, there is no requirement to hold a mediation session before commencing an action, unless the situation falls under R.24.1 of the Rules of Civil Procedure, which is not clear in this case.
Unattempted
Solution: Since Karina told Guytano that she has recently been bankrupt, Guytano must verify that she is a discharged bankrupt before commencing an action on behalf of Karina, and hence (b) is the correct answer. Providing a retainer agreement is ideal for any client engagement, but is not a must (except for limited scope retainers), and hence, (a) is incorrect. For (c), asking whether Karina’s corporation has employees or independent contractors is of little use. Finally, for (d), while a lawyer should encourage a client to compromise or settle a dispute whenever possible, there is no requirement to hold a mediation session before commencing an action, unless the situation falls under R.24.1 of the Rules of Civil Procedure, which is not clear in this case.
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Question 3 of 80
3. Question
Category: Civil Litigation3. Giovanna, a landlord, seeks to resolve a dispute with a former tenant, Mandy. Mandy had owed Giovanna $12,000 in outstanding rent and utility payments. In early 2023, Giovanna decided to commence an action against Mandy. On January 12, 2023, Giovanna’s lawyer, Kelly, attempted to serve Mandy with the originating documents at the rental home, but Kelly was unable to locate Mandy. Giovanna and Kelly have repeatedly tried to contact Mandy through all possible means, but have not heard back from her and do not know her whereabouts. Kelly recommends Giovanna to seek an order to dispense with service. What documents should accompany this motion?
Correct
Solution: According to rule 16.04 of the Rules of Civil Procedure and case law (see for example Laframboise v Woodward (2002) 59 OR (3d) 338), a motion to dispense with service should be accompanied by an affidavit showing that all reasonable efforts have been made to locate and serve the party personally and that prompt service is impractical. Therefore, as (b) matches this language the closest, it is the correct answer. (a) is incorrect since cost is not relevant in such a motion (unless it makes it impossible, which is not the case here). (c) is incorrect because the affidavit should provide that all reasonable efforts have been taken. It would also be pointless to suggest an alternative mode of service since the motion sought is one to dispense with service. (d) is also incorrect as this is not what is said in r.16.04.
Incorrect
Solution: According to rule 16.04 of the Rules of Civil Procedure and case law (see for example Laframboise v Woodward (2002) 59 OR (3d) 338), a motion to dispense with service should be accompanied by an affidavit showing that all reasonable efforts have been made to locate and serve the party personally and that prompt service is impractical. Therefore, as (b) matches this language the closest, it is the correct answer. (a) is incorrect since cost is not relevant in such a motion (unless it makes it impossible, which is not the case here). (c) is incorrect because the affidavit should provide that all reasonable efforts have been taken. It would also be pointless to suggest an alternative mode of service since the motion sought is one to dispense with service. (d) is also incorrect as this is not what is said in r.16.04.
Unattempted
Solution: According to rule 16.04 of the Rules of Civil Procedure and case law (see for example Laframboise v Woodward (2002) 59 OR (3d) 338), a motion to dispense with service should be accompanied by an affidavit showing that all reasonable efforts have been made to locate and serve the party personally and that prompt service is impractical. Therefore, as (b) matches this language the closest, it is the correct answer. (a) is incorrect since cost is not relevant in such a motion (unless it makes it impossible, which is not the case here). (c) is incorrect because the affidavit should provide that all reasonable efforts have been taken. It would also be pointless to suggest an alternative mode of service since the motion sought is one to dispense with service. (d) is also incorrect as this is not what is said in r.16.04.
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Question 4 of 80
4. Question
Category: Civil Litigation4. Constantine is a lawyer who is representing her client, Ted, in a civil matter. In the midst of legal proceedings, the court finds that Constantine is a necessary witness in the matter, and orders her to testify. How should Constantine proceed?
Correct
Solution: According to rule 5.2-1 of the Rules of Professional Conduct, along with its respective commentary, when a lawyer is ordered to act as a witness, the lawyer must testify and “entrust the conduct of the case to another lawyer.” Therefore, the best answer is (c). Accordingly, (a) blatantly violates r. 5.2-1. Furthermore, commentary [1] of r. 5.2-1 notes that the lawyer should not expect to receive special treatment because of their professional status, which is why (b) is not a good answer. Finally, (d) is incorrect because commentary [1] also notes that a lawyer should not express personal opinions when testifying.
Incorrect
Solution: According to rule 5.2-1 of the Rules of Professional Conduct, along with its respective commentary, when a lawyer is ordered to act as a witness, the lawyer must testify and “entrust the conduct of the case to another lawyer.” Therefore, the best answer is (c). Accordingly, (a) blatantly violates r. 5.2-1. Furthermore, commentary [1] of r. 5.2-1 notes that the lawyer should not expect to receive special treatment because of their professional status, which is why (b) is not a good answer. Finally, (d) is incorrect because commentary [1] also notes that a lawyer should not express personal opinions when testifying.
Unattempted
Solution: According to rule 5.2-1 of the Rules of Professional Conduct, along with its respective commentary, when a lawyer is ordered to act as a witness, the lawyer must testify and “entrust the conduct of the case to another lawyer.” Therefore, the best answer is (c). Accordingly, (a) blatantly violates r. 5.2-1. Furthermore, commentary [1] of r. 5.2-1 notes that the lawyer should not expect to receive special treatment because of their professional status, which is why (b) is not a good answer. Finally, (d) is incorrect because commentary [1] also notes that a lawyer should not express personal opinions when testifying.
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Question 5 of 80
5. Question
Category: Civil Litigation5. Which of the following individuals has a “disability”, in accordance with the Rules of Civil Procedure?
Correct
Solution: A person has a “disability” in accordance with the Rules of Civil Procedure if: (a) they are a minor, i.e., under the age of 18; (b) the person is incapable of managing property or making personal care decisions; or (c) if they are an “absentee”, i.e. someone who’s usual residence was in Ontario, but has since disappeared, their whereabouts unknown and it is unclear if they are dead or alive.
Given this, the best answer is (c) an individual who is incapable of managing their property has a “disability”. (a) is wrong; the way “disability” is used does not refer to a physical disability of a person; (b) is wrong as a disability in terms of age only refers to those under 18; and (d) has no basis in the Rules.
Incorrect
Solution: A person has a “disability” in accordance with the Rules of Civil Procedure if: (a) they are a minor, i.e., under the age of 18; (b) the person is incapable of managing property or making personal care decisions; or (c) if they are an “absentee”, i.e. someone who’s usual residence was in Ontario, but has since disappeared, their whereabouts unknown and it is unclear if they are dead or alive.
Given this, the best answer is (c) an individual who is incapable of managing their property has a “disability”. (a) is wrong; the way “disability” is used does not refer to a physical disability of a person; (b) is wrong as a disability in terms of age only refers to those under 18; and (d) has no basis in the Rules.
Unattempted
Solution: A person has a “disability” in accordance with the Rules of Civil Procedure if: (a) they are a minor, i.e., under the age of 18; (b) the person is incapable of managing property or making personal care decisions; or (c) if they are an “absentee”, i.e. someone who’s usual residence was in Ontario, but has since disappeared, their whereabouts unknown and it is unclear if they are dead or alive.
Given this, the best answer is (c) an individual who is incapable of managing their property has a “disability”. (a) is wrong; the way “disability” is used does not refer to a physical disability of a person; (b) is wrong as a disability in terms of age only refers to those under 18; and (d) has no basis in the Rules.
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Question 6 of 80
6. Question
Category: Civil Litigation6. Kingsley, a lawyer, is representing his client, Charlene, in a civil trial. Charlene will be suing a former colleague, Steve, for defamation. Charlene planned to use an expert witness, Dr. Silver, to help with her position at trial, and served an expert report on Steve. After serving the report, new information came to light to Charlene, and a supplementary report had to be served on Steve. If Steve would like to respond to Charlene’s supplementary report, when must his responding report be served on Charlene?
Correct
Solution: The correct answer is (C). According to Rule 53.03(3)(c) of the Rules of Civil Procedure, a responding supplementary report must be served on every other party to the action at least 15 days before the commencement of the trial.
Incorrect
Solution: The correct answer is (C). According to Rule 53.03(3)(c) of the Rules of Civil Procedure, a responding supplementary report must be served on every other party to the action at least 15 days before the commencement of the trial.
Unattempted
Solution: The correct answer is (C). According to Rule 53.03(3)(c) of the Rules of Civil Procedure, a responding supplementary report must be served on every other party to the action at least 15 days before the commencement of the trial.
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Question 7 of 80
7. Question
Category: Civil Litigation7. Benny, a lawyer, is representing his client, Manuela, in a civil litigation matter. Manuela has commenced an action against her former friend, Gilbert, seeking $30,000 in damages. Weeks before the trial date, Benny received a $5,000 offer to settle from Gilbert. Benny was outraged at the offer and felt it was unfairly low. How should Benny proceed?
Correct
Solution: According to rule 3.2-4 of the Rules of Professional Conduct, a lawyer must encourage their client to compromise or settle a dispute whenever possible. To do this, the lawyer must present their client with any offers to settle received from opposing counsel. Therefore, the answer is (c). Despite what Benny thinks, he must still present the offer to settle with Manuela. All the other answer choices are inappropriate given that Benny has not consulted with Manuela.
Incorrect
Solution: According to rule 3.2-4 of the Rules of Professional Conduct, a lawyer must encourage their client to compromise or settle a dispute whenever possible. To do this, the lawyer must present their client with any offers to settle received from opposing counsel. Therefore, the answer is (c). Despite what Benny thinks, he must still present the offer to settle with Manuela. All the other answer choices are inappropriate given that Benny has not consulted with Manuela.
Unattempted
Solution: According to rule 3.2-4 of the Rules of Professional Conduct, a lawyer must encourage their client to compromise or settle a dispute whenever possible. To do this, the lawyer must present their client with any offers to settle received from opposing counsel. Therefore, the answer is (c). Despite what Benny thinks, he must still present the offer to settle with Manuela. All the other answer choices are inappropriate given that Benny has not consulted with Manuela.
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Question 8 of 80
8. Question
Category: Civil Litigation8. Ecrin is the founder of ABC Corporation, which manufactures unique ice cream flavours, including ketchup and mustard flavoured ice cream. In September, she was strolling through the Canadian National Exhibition (“CNE”), an annual event that takes place in Toronto near the end of the summer. She became alarmed when she discovered a company selling ketchup and mustard flavoured ice cream, using her brand name and the exact same recipe. She suspected that a former employee was behind this operation. Angered at what she saw, she commenced an action for $350,000 against the company. A week after beginning discovery, she chose to amend the amount claimed to $125,000. What cost consequences will Ecrin face?
Correct
Solution: According to Rule 76.13(1) of the Rules of Civil Procedure, regardless of the outcome of the action, if the Rule applies as the result of amendment of the pleadings, under subrule 76.02(7), the party whose pleadings are amended shall pay, on a substantial indemnity basis, the costs incurred by the opposing party up to the date of the amendment that would not have been incurred had the claim originally complied with subrule 76.02(1). Therefore, the correct answer is (b).
Incorrect
Solution: Since Ecrin’s claim was originally for $350,000, she would have had to use the ordinary procedure. Once she amended her claim to $125,000, she fell under the simplified procedure regime (which is for claims under $200,000). According to Rule 76.13(1) of the Rules of Civil Procedure, regardless of the outcome of the action, if the Rule applies as the result of amendment of the pleadings, under subrule 76.02(7), the party whose pleadings are amended shall pay, on a substantial indemnity basis, the costs incurred by the opposing party up to the date of the amendment that would not have been incurred had the claim originally complied with subrule 76.02(1). Therefore, the correct answer is (b).
Unattempted
Solution: Since Ecrin’s claim was originally for $350,000, she would have had to use the ordinary procedure. Once she amended her claim to $125,000, she fell under the simplified procedure regime (which is for claims under $200,000). According to Rule 76.13(1) of the Rules of Civil Procedure, regardless of the outcome of the action, if the Rule applies as the result of amendment of the pleadings, under subrule 76.02(7), the party whose pleadings are amended shall pay, on a substantial indemnity basis, the costs incurred by the opposing party up to the date of the amendment that would not have been incurred had the claim originally complied with subrule 76.02(1). Therefore, the correct answer is (b).
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Question 9 of 80
9. Question
Category: Civil Litigation9. In April 2023, Hakeem was biking in downtown Toronto, Ontario. As he biked by a parked vehicle, the driver of the vehicle, Joe, opened the door, causing Hakeem to bike into the vehicle’s door on the driver side, and suffer a severe head injury. Hakeem subsequently commenced a lawsuit against Joe. As part of the discovery process, Hakeem would like to inspect Joe’s vehicle. Furthermore, he would like to conduct tests of the vehicle’s front, passenger side door, to prove how far it can open. To do this, Hakeem will have to convince the court of which of the following?
Correct
Solution: According to r. 32.01(1)(c) of the Rules of Civil Procedure, for experiments or “testing” to be ordered, one has to prove that they are necessary for the proper determination of an issue in the proceeding. Therefore, the best answer is (b).
Incorrect
Solution: According to r. 32.01(1)(c) of the Rules of Civil Procedure, for experiments or “testing” to be ordered, one has to prove that they are necessary for the proper determination of an issue in the proceeding. Therefore, the best answer is (b).
Unattempted
Solution: According to r. 32.01(1)(c) of the Rules of Civil Procedure, for experiments or “testing” to be ordered, one has to prove that they are necessary for the proper determination of an issue in the proceeding. Therefore, the best answer is (b).
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Question 10 of 80
10. Question
Category: Civil Litigation10. Linda, a lawyer, previously represented George in an estates matter. Linda will now be representing both George and Choo in the incorporation of a new company. Beyond advising Choo of her continuing relationship with George, what additional obligation does Linda have to Choo?
Correct
Solution: In accordance with the joint retainer rules in rr. 3.4-5 – 3.4-9 of the Rules of Professional Conduct, Linda should recommend that Choo receives independent legal advice. Therefore, the correct answer choice is (d).
Incorrect
Solution: In accordance with the joint retainer rules in rr. 3.4-5 – 3.4-9 of the Rules of Professional Conduct, Linda should recommend that Choo receives independent legal advice. Therefore, the correct answer choice is (d).
Unattempted
Solution: In accordance with the joint retainer rules in rr. 3.4-5 – 3.4-9 of the Rules of Professional Conduct, Linda should recommend that Choo receives independent legal advice. Therefore, the correct answer choice is (d).
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Question 11 of 80
11. Question
Category: Civil Litigation11. The Court of Ontario is made up of which of the following two divisions?
Correct
Solution: According to Section 10(2) of the Courts of Justice Act, the Court of Ontario is made up of the Ontario Court of Justice and the Superior Court of Justice. Therefore, the correct answer is (b).
Incorrect
Solution: According to Section 10(2) of the Courts of Justice Act, the Court of Ontario is made up of the Ontario Court of Justice and the Superior Court of Justice. Therefore, the correct answer is (b).
Unattempted
Solution: According to Section 10(2) of the Courts of Justice Act, the Court of Ontario is made up of the Ontario Court of Justice and the Superior Court of Justice. Therefore, the correct answer is (b).
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Question 12 of 80
12. Question
Category: Civil Litigation12. Which of the following motions must be heard by a judge rather than an associate judge?
Correct
Solution: The correct answer choice is (a). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge (formerly called a case management master) does not have jurisdiction to hear a motion for judgment on consent in favour of or against a party under disability, which includes a minor. The other options do not fall under any of the exceptions listed in Rule 37.02(2), and courts have explicitly found that associate judges have jurisdiction to hear such motions. See Metrin Mechanical v Big H (2001) for a motion relating to solicitor’s liens (b); see Ruby & Edwardh v Jaffe (1986) for a motion relating to set aside the report of an Assessment Officer (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum (d).
Incorrect
Solution: The correct answer choice is (a). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge (formerly called a case management master) does not have jurisdiction to hear a motion for judgment on consent in favour of or against a party under disability, which includes a minor. The other options do not fall under any of the exceptions listed in Rule 37.02(2), and courts have explicitly found that associate judges have jurisdiction to hear such motions. See Metrin Mechanical v Big H (2001) for a motion relating to solicitor’s liens (b); see Ruby & Edwardh v Jaffe (1986) for a motion relating to set aside the report of an Assessment Officer (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum (d).
Unattempted
Solution: The correct answer choice is (a). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge (formerly called a case management master) does not have jurisdiction to hear a motion for judgment on consent in favour of or against a party under disability, which includes a minor. The other options do not fall under any of the exceptions listed in Rule 37.02(2), and courts have explicitly found that associate judges have jurisdiction to hear such motions. See Metrin Mechanical v Big H (2001) for a motion relating to solicitor’s liens (b); see Ruby & Edwardh v Jaffe (1986) for a motion relating to set aside the report of an Assessment Officer (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum (d).
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Question 13 of 80
13. Question
Category: Civil Litigation13. Parlan is a mechanic based in Burlington, Ontario. His business operates as a sole proprietorship. The Canada Revenue Agency (“CRA”) recently sued Parlan for failing to pay $40,000 in taxes. The CRA was successful and obtained a judgment for $40,000. Parlan does not have any money to pay the judgment; however, he does have some valuable assets. Which of the following assets would the CRA most likely be able to seize from Parlan?
Correct
Solution: The correct answer is (a). According to section 2(1) of the Execution Act, certain personal property of a debtor that is not a corporation is, at the option of the debtor, exempt from forced seizure or sale. This includes any necessary clothing of the debtor and their dependent’s; household furnishings and appliances that are of a value not exceeding the prescribed amount and tools. Section 2(4) also adds that aids and devices owned by the debtor and are required by the debtor or their dependents to assist with a disability are exempt from forced seizure. (a) is correct because a high-end Gucci jacket is not “necessary clothing”; for someone that doesn’t have money, it is certainly not part of the exemptions provided by the Execution Act. (b) and (d) are both exempt, as they are applicants and tools, respectively, and below the prescribed amounts provided in O.Reg. 657/05. Finally, (c) is also exempt by section 2(4) of the Act.
Incorrect
Solution: The correct answer is (a). According to section 2(1) of the Execution Act, certain personal property of a debtor that is not a corporation is, at the option of the debtor, exempt from forced seizure or sale. This includes any necessary clothing of the debtor and their dependent’s; household furnishings and appliances that are of a value not exceeding the prescribed amount and tools. Section 2(4) also adds that aids and devices owned by the debtor and are required by the debtor or their dependents to assist with a disability are exempt from forced seizure. (a) is correct because a high-end Gucci jacket is not “necessary clothing”; for someone that doesn’t have money, it is certainly not part of the exemptions provided by the Execution Act. (b) and (d) are both exempt, as they are applicants and tools, respectively, and below the prescribed amounts provided in O.Reg. 657/05. Finally, (c) is also exempt by section 2(4) of the Act.
Unattempted
Solution: The correct answer is (a). According to section 2(1) of the Execution Act, certain personal property of a debtor that is not a corporation is, at the option of the debtor, exempt from forced seizure or sale. This includes any necessary clothing of the debtor and their dependent’s; household furnishings and appliances that are of a value not exceeding the prescribed amount and tools. Section 2(4) also adds that aids and devices owned by the debtor and are required by the debtor or their dependents to assist with a disability are exempt from forced seizure. (a) is correct because a high-end Gucci jacket is not “necessary clothing”; for someone that doesn’t have money, it is certainly not part of the exemptions provided by the Execution Act. (b) and (d) are both exempt, as they are applicants and tools, respectively, and below the prescribed amounts provided in O.Reg. 657/05. Finally, (c) is also exempt by section 2(4) of the Act.
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Question 14 of 80
14. Question
Category: Civil Litigation14. Chanice, a lawyer, is defending her client, Rodrigo, in a lawsuit. Rodrigo has been sued for defamation. At trial, the plaintiff calls Henrick to the witness stand to support the allegations against Rodrigo. During Chanice’s cross-examination of Henrick, it is revealed that Henrick is 19 years-old, works as a chef at a local restaurant and that he is a cousin of the plaintiff. How can Chanice discredit Henrick?
Correct
Solution: Because Henrick is a cousin of the plaintiff, he is biased as a witness to support the plaintiff’s cause. Therefore, he can be discredited on this basis; (b) is the correct answer. With the facts given, there is no reason that he should be discredited on the basis of his age or occupation as a chef.
Incorrect
Solution:Because Henrick is a cousin of the plaintiff, he is biased as a witness to support the plaintiff’s cause. Therefore, he can be discredited on this basis; (b) is the correct answer. With the facts given, there is no reason that he should be discredited on the basis of his age or occupation as a chef.
Unattempted
Solution:Because Henrick is a cousin of the plaintiff, he is biased as a witness to support the plaintiff’s cause. Therefore, he can be discredited on this basis; (b) is the correct answer. With the facts given, there is no reason that he should be discredited on the basis of his age or occupation as a chef.
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Question 15 of 80
15. Question
Category: Civil Litigation15. Fahad seeks to commence an application for a determination of his rights under a contract. To whom must this application be made?
Correct
Solution: According to rule 38.02 of the Rules of Civil Procedure, an application must be made to a judge. This will be a judge of the Superior Court of Justice, unless it is an application for judicial review, which would be made to a judge of the Divisional Court of Justice. This does not involve a judicial review application, and hence it must be made to a judge of the Superior Court of Justice. The correct answer is therefore (b).
Incorrect
Solution: According to rule 38.02 of the Rules of Civil Procedure, an application must be made to a judge. This will be a judge of the Superior Court of Justice, unless it is an application for judicial review, which would be made to a judge of the Divisional Court of Justice. This does not involve a judicial review application, and hence it must be made to a judge of the Superior Court of Justice. The correct answer is therefore (b).
Unattempted
Solution: According to rule 38.02 of the Rules of Civil Procedure, an application must be made to a judge. This will be a judge of the Superior Court of Justice, unless it is an application for judicial review, which would be made to a judge of the Divisional Court of Justice. This does not involve a judicial review application, and hence it must be made to a judge of the Superior Court of Justice. The correct answer is therefore (b).
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Question 16 of 80
16. Question
Category: Civil Litigation16. A trial is being held in Ontario. If a party seeks to summons a witness in British Columbia to attend the trial, which source of law will be relevant?
Correct
Solution: R. 53.05 of the Rules of Civil Procedure provides that a summons to a witness outside of Ontario to compel their attendance under the Interprovincial Summonses Act shall be in Form 53C. Therefore, (a) is the correct answer. (b) is only applicable when summonsing a witness located in Quebec.
Incorrect
Solution: R. 53.05 of the Rules of Civil Procedure provides that a summons to a witness outside of Ontario to compel their attendance under the Interprovincial Summonses Act shall be in Form 53C. Therefore, (a) is the correct answer. (b) is only applicable when summonsing a witness located in Quebec.
Unattempted
Solution: R. 53.05 of the Rules of Civil Procedure provides that a summons to a witness outside of Ontario to compel their attendance under the Interprovincial Summonses Act shall be in Form 53C. Therefore, (a) is the correct answer. (b) is only applicable when summonsing a witness located in Quebec.
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Question 17 of 80
17. Question
Category: Civil Litigation17. Akira, a lawyer at ABC LLP, receives a call from Byung-ho, a prospective client. Byung-ho asks Akira if she would be willing and able to act as his lawyer on a real estate transaction. Akira proceeds to schedule an initial consultation at her office. Byung-ho agrees to a date but notes that due to a disability, he is required to bring his service dog, Captain, and asks whether she is comfortable with him doing that. Akira’s colleague, Elijah, has a severe allergy to all dogs. His allergic symptoms can be triggered even by merely being near a dog. What is the best way for Akira to proceed?
Correct
Solution: Lawyers have a duty to respect human rights laws in force in Ontario, including the duty to accommodate unless doing so would cause undue hardship (see section 6.3-1.1 and commentary of the Rules of Professional Conduct) . Given the options, the best answer is (c). If Byung-ho is willing to have a virtual meeting, then that should avoid any type of problem associated with Elijah’s dog allergies. (a) is incorrect because it does not take into account the fact that Elijah may get a severe allergic reaction to the dog. It is likely this would indeed cause “undue” hardship to Elijah. (b) is also quite inappropriate at this stage. If virtual meetings would work (which is how many lawyer-client meetings are held in this day and age), then there is no reason to reject this retainer. Akira should at least attempt to find a solution before rejecting the retainer. Finally, (d) is also incorrect. It again does not sufficiently consider Elijah’s allergies. At the very least, Akira should tell Elijah to not be in the office during the meeting, but even then, it is unclear if this would allow Elijah to avoid any kind of allergic reaction. This option merely accommodates the client, but also potentially puts her colleague at harm.
Incorrect
Solution: Lawyers have a duty to respect human rights laws in force in Ontario, including the duty to accommodate unless doing so would cause undue hardship (see section 6.3-1.1 and commentary of the Rules of Professional Conduct) . Given the options, the best answer is (c). If Byung-ho is willing to have a virtual meeting, then that should avoid any type of problem associated with Elijah’s dog allergies. (a) is incorrect because it does not take into account the fact that Elijah may get a severe allergic reaction to the dog. It is likely this would indeed cause “undue” hardship to Elijah. (b) is also quite inappropriate at this stage. If virtual meetings would work (which is how many lawyer-client meetings are held in this day and age), then there is no reason to reject this retainer. Akira should at least attempt to find a solution before rejecting the retainer. Finally, (d) is also incorrect. It again does not sufficiently consider Elijah’s allergies. At the very least, Akira should tell Elijah to not be in the office during the meeting, but even then, it is unclear if this would allow Elijah to avoid any kind of allergic reaction. This option merely accommodates the client, but also potentially puts her colleague at harm.
Unattempted
Solution: Lawyers have a duty to respect human rights laws in force in Ontario, including the duty to accommodate unless doing so would cause undue hardship (see section 6.3-1.1 and commentary of the Rules of Professional Conduct) . Given the options, the best answer is (c). If Byung-ho is willing to have a virtual meeting, then that should avoid any type of problem associated with Elijah’s dog allergies. (a) is incorrect because it does not take into account the fact that Elijah may get a severe allergic reaction to the dog. It is likely this would indeed cause “undue” hardship to Elijah. (b) is also quite inappropriate at this stage. If virtual meetings would work (which is how many lawyer-client meetings are held in this day and age), then there is no reason to reject this retainer. Akira should at least attempt to find a solution before rejecting the retainer. Finally, (d) is also incorrect. It again does not sufficiently consider Elijah’s allergies. At the very least, Akira should tell Elijah to not be in the office during the meeting, but even then, it is unclear if this would allow Elijah to avoid any kind of allergic reaction. This option merely accommodates the client, but also potentially puts her colleague at harm.
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Question 18 of 80
18. Question
Category: Civil Litigation18. Naomi commenced a civil litigation action in 2022. In 2023, she declared bankruptcy, and did not receive a discharge from her bankruptcy for the entire year. To continue to have standing in the civil litigation action, Naomi would have had to seek approval from which of the following individuals?
Correct
Solution: For Naomi to continue her civil litigation action, as an undischarged bankruptcy, she would need the permission of the trustee-in-bankruptcy. Therefore, (b) is correct.
Incorrect
Solution: For Naomi to continue her civil litigation action, as an undischarged bankruptcy, she would need the permission of the trustee-in-bankruptcy. Therefore, (b) is correct.
Unattempted
Solution: For Naomi to continue her civil litigation action, as an undischarged bankruptcy, she would need the permission of the trustee-in-bankruptcy. Therefore, (b) is correct.
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Question 19 of 80
19. Question
Category: Civil Litigation19. Aiza, a lawyer, is representing a plaintiff in a civil action. She is considering using surveillance to collect evidence against the defendant. Which of the following is the most important factor she should consider in determining whether collecting evidence through surveillance is reasonable in the circumstances?
Correct
Solution: According to Mountain Province Diamonds v De Beers Canada Inc (2014 ONSC, citing Eastmont v CPR (2004), at paragraph 47), in assessing the reasonableness of collection of evidence through surveillance pursuant to section 5(3) of PIPEDA, a four-part test is applied:
- Is the collection, use or disclosure of personal information necessary to meet a specific need?;
- Is the collection, use or disclosure of personal information likely to be effective in meeting that need?;
- Is the loss of privacy proportional to the benefit gained?; and
- Is there a less privacy-invasive alternative to achieve the same end?
Accordingly, the best answer is (c), which captures point (3) above. (a) is incorrect; the whole point of surveillance is that it’s done without the individual’s consent for a specific reason; (b) is incorrect and has no basis in the case law cited; and (d) is unnecessary as well.
Incorrect
Solution: According to Mountain Province Diamonds v De Beers Canada Inc (2014 ONSC, citing Eastmont v CPR (2004), at paragraph 47), in assessing the reasonableness of collection of evidence through surveillance pursuant to section 5(3) of PIPEDA, a four-part test is applied:
- Is the collection, use or disclosure of personal information necessary to meet a specific need?;
- Is the collection, use or disclosure of personal information likely to be effective in meeting that need?;
- Is the loss of privacy proportional to the benefit gained?; and
- Is there a less privacy-invasive alternative to achieve the same end?
Accordingly, the best answer is (c), which captures point (3) above. (a) is incorrect; the whole point of surveillance is that it’s done without the individual’s consent for a specific reason; (b) is incorrect and has no basis in the case law cited; and (d) is unnecessary as well.
Unattempted
Solution: According to Mountain Province Diamonds v De Beers Canada Inc (2014 ONSC, citing Eastmont v CPR (2004), at paragraph 47), in assessing the reasonableness of collection of evidence through surveillance pursuant to section 5(3) of PIPEDA, a four-part test is applied:
- Is the collection, use or disclosure of personal information necessary to meet a specific need?;
- Is the collection, use or disclosure of personal information likely to be effective in meeting that need?;
- Is the loss of privacy proportional to the benefit gained?; and
- Is there a less privacy-invasive alternative to achieve the same end?
Accordingly, the best answer is (c), which captures point (3) above. (a) is incorrect; the whole point of surveillance is that it’s done without the individual’s consent for a specific reason; (b) is incorrect and has no basis in the case law cited; and (d) is unnecessary as well.
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Question 20 of 80
20. Question
Category: Civil Litigation20. Which actions must undergo mandatory mediation?
Correct
Solution: The correct answer is (c). Rule 24.1.04(2) lists the actions where Rule 24.1 – Mandatory mediation does not apply. Note that 24.1.04(2)(e) of the Rules of Civil Procedure states that actions under the Construction Act, except trust claims, are not subject to Rule 24.1. Since answer choice (c) refers to actions involving a trust claim under the Construction Act, it therefore is covered by the mandatory mediation rule. (a) and (d) are explicitly listed in Rule 24.1.04(2) as actions that aren’t covered by Rule 24.1. With (b), rule 24.1.04(2)(b) states that all such actions where the mediation was conducted less than a year before the first defence do not have to undergo mandatory mediation; since this choice provides that the mediation was conducted three months before the first defence, Rule 24.1 therefore does not apply.
Incorrect
Solution: The correct answer is (c). Rule 24.1.04(2) lists the actions where Rule 24.1 – Mandatory mediation does not apply. Note that 24.1.04(2)(e) of the Rules of Civil Procedure states that actions under the Construction Act, except trust claims, are not subject to Rule 24.1. Since answer choice (c) refers to actions involving a trust claim under the Construction Act, it therefore is covered by the mandatory mediation rule. (a) and (d) are explicitly listed in Rule 24.1.04(2) as actions that aren’t covered by Rule 24.1. With (b), rule 24.1.04(2)(b) states that all such actions where the mediation was conducted less than a year before the first defence do not have to undergo mandatory mediation; since this choice provides that the mediation was conducted three months before the first defence, Rule 24.1 therefore does not apply.
Unattempted
Solution: The correct answer is (c). Rule 24.1.04(2) lists the actions where Rule 24.1 – Mandatory mediation does not apply. Note that 24.1.04(2)(e) of the Rules of Civil Procedure states that actions under the Construction Act, except trust claims, are not subject to Rule 24.1. Since answer choice (c) refers to actions involving a trust claim under the Construction Act, it therefore is covered by the mandatory mediation rule. (a) and (d) are explicitly listed in Rule 24.1.04(2) as actions that aren’t covered by Rule 24.1. With (b), rule 24.1.04(2)(b) states that all such actions where the mediation was conducted less than a year before the first defence do not have to undergo mandatory mediation; since this choice provides that the mediation was conducted three months before the first defence, Rule 24.1 therefore does not apply.
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Question 21 of 80
21. Question
Category: Civil Litigation21. ABC Corporation commences an action against Evangeline. Evangeline acted as guarantor for her daughter, Nani, under Nani’s lease agreement with ABC Corporation. Evangeline was told by a representative of ABC Corporation when signing the guarantee that the guarantee would be capped at two months’ rent; however, the lengthy lease agreement, which ABC Corporation is relying on in its claim against Evangeline, did not actually stipulate a cap. What should Evangeline specifically plead as a defence?
Correct
Solution: Non est factum is a contract law doctrine meaning the contracting parties mind “did not go with their signature”. It must be specifically pleaded as a defence. Here, Evangeline is essentially claiming that she was compelled to sign a document which was entirely different from what she believed she was signing, therefore, non est factum should be pleaded. The correct answer is (a). (b) is incorrect as this is only appropriate when claiming that an act is beyond the powers of a corporation; (c) is incorrect as no release was involved here; and (d) is incorrect as jurisdiction of the court is not an issue here. See Bank of Montreal v Behan, 2021 NSSC 309 at paragraph 37 for a recent case which discusses the doctrine of non est factum.
Incorrect
Solution: Non est factum is a contract law doctrine meaning the contracting parties mind “did not go with their signature”. It must be specifically pleaded as a defence. Here, Evangeline is essentially claiming that she was compelled to sign a document which was entirely different from what she believed she was signing, therefore, non est factum should be pleaded. The correct answer is (a). (b) is incorrect as this is only appropriate when claiming that an act is beyond the powers of a corporation; (c) is incorrect as no release was involved here; and (d) is incorrect as jurisdiction of the court is not an issue here. See Bank of Montreal v Behan, 2021 NSSC 309 at paragraph 37 for a recent case which discusses the doctrine of non est factum.
Unattempted
Solution: Non est factum is a contract law doctrine meaning the contracting parties mind “did not go with their signature”. It must be specifically pleaded as a defence. Here, Evangeline is essentially claiming that she was compelled to sign a document which was entirely different from what she believed she was signing, therefore, non est factum should be pleaded. The correct answer is (a). (b) is incorrect as this is only appropriate when claiming that an act is beyond the powers of a corporation; (c) is incorrect as no release was involved here; and (d) is incorrect as jurisdiction of the court is not an issue here. See Bank of Montreal v Behan, 2021 NSSC 309 at paragraph 37 for a recent case which discusses the doctrine of non est factum.
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Question 22 of 80
22. Question
Category: Civil Litigation22. Case Set: Giselle, a lawyer, is representing her client, Saskia, in a litigation matter commenced by Saskia against her employer, XYZ Company. The company manufactures and distributes car parts. Saskia alleges that while working at XYZ Company’s factory, she was hit by a forklift, suffering serious physical injuries. Dr. Jones, an expert emergency room doctor, was hired to prepare a medical-legal report.
The parties have agreed to using the simplified procedure in accordance with Rule 76 of the Rules of Civil Procedure. What must be included in Saskia’s affidavit of documents?
Correct
Solution: According to rule 76.03(2) of the Rules of Civil Procedure, in an action proceeding via the simplified procedure, each party must include in its affidavit of documents a list of the names and addresses of each person who might reasonably be expected to have knowledge of matters in issue in the action, unless a court orders otherwise. Therefore, the best answer is (c), as it closely describes r. 76.03(2). (a) and (b) are too narrow – while the names and addresses of such individuals would be included, it should also include people who might reasonably be thought of having knowledge of matters in dispute in the action. (d) is incorrect as the last part, “even if the court orders otherwise” is not the same as “unless a court orders otherwise”, which is what r.76.03(2). In other words, if a court does order otherwise, then the affidavit does not have to include a list of the names and addresses of parties that are aware of issues in the action. Also note that the reference to “reasonably aware” is a bit different than “may reasonably be thought to have knowledge”, which is another reason why this is a weaker answer choice.
Incorrect
Solution: According to rule 76.03(2) of the Rules of Civil Procedure, in an action proceeding via the simplified procedure, each party must include in its affidavit of documents a list of the names and addresses of each person who might reasonably be expected to have knowledge of matters in issue in the action, unless a court orders otherwise. Therefore, the best answer is (c), as it closely describes r. 76.03(2). (a) and (b) are too narrow – while the names and addresses of such individuals would be included, it should also include people who might reasonably be thought of having knowledge of matters in dispute in the action. (d) is incorrect as the last part, “even if the court orders otherwise” is not the same as “unless a court orders otherwise”, which is what r.76.03(2). In other words, if a court does order otherwise, then the affidavit does not have to include a list of the names and addresses of parties that are aware of issues in the action. Also note that the reference to “reasonably aware” is a bit different than “may reasonably be thought to have knowledge”, which is another reason why this is a weaker answer choice.
Unattempted
Solution: According to rule 76.03(2) of the Rules of Civil Procedure, in an action proceeding via the simplified procedure, each party must include in its affidavit of documents a list of the names and addresses of each person who might reasonably be expected to have knowledge of matters in issue in the action, unless a court orders otherwise. Therefore, the best answer is (c), as it closely describes r. 76.03(2). (a) and (b) are too narrow – while the names and addresses of such individuals would be included, it should also include people who might reasonably be thought of having knowledge of matters in dispute in the action. (d) is incorrect as the last part, “even if the court orders otherwise” is not the same as “unless a court orders otherwise”, which is what r.76.03(2). In other words, if a court does order otherwise, then the affidavit does not have to include a list of the names and addresses of parties that are aware of issues in the action. Also note that the reference to “reasonably aware” is a bit different than “may reasonably be thought to have knowledge”, which is another reason why this is a weaker answer choice.
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Question 23 of 80
23. Question
Category: Civil Litigation23. Case Set: Giselle, a lawyer, is representing her client, Saskia, in a litigation matter commenced by Saskia against her employer, XYZ Company. The company manufactures and distributes car parts. Saskia alleges that while working at XYZ Company’s factory, she was hit by a forklift, suffering serious physical injuries. Dr. Jones, an expert emergency room doctor, was hired to prepare a medical-legal report.
After Dr. Jones finished preparing his medical-legal report, he provided it to Giselle on the condition that, given its graphic nature, she does not review it with Saskia. How should Giselle proceed?
Correct
Solution: According to rule 3.2-9.1 of the Rules of Professional Conduct, when a lawyer receives a medical-legal report from a health professional that is accompanied by a proviso that indicates it should not be shown to the client, it shall be returned immediately unless the lawyer has received specific instructions to accept the report on this basis. Since there is no evidence Giselle received such instructions, the best answer choice is (b).
Incorrect
Solution: According to rule 3.2-9.1 of the Rules of Professional Conduct, when a lawyer receives a medical-legal report from a health professional that is accompanied by a proviso that indicates it should not be shown to the client, it shall be returned immediately unless the lawyer has received specific instructions to accept the report on this basis. Since there is no evidence Giselle received such instructions, the best answer choice is (b).
Unattempted
Solution: According to rule 3.2-9.1 of the Rules of Professional Conduct, when a lawyer receives a medical-legal report from a health professional that is accompanied by a proviso that indicates it should not be shown to the client, it shall be returned immediately unless the lawyer has received specific instructions to accept the report on this basis. Since there is no evidence Giselle received such instructions, the best answer choice is (b).
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Question 24 of 80
24. Question
Category: Civil Litigation24. Case Set: Giselle, a lawyer, is representing her client, Saskia, in a litigation matter commenced by Saskia against her employer, XYZ Company. The company manufactures and distributes car parts. Saskia alleges that while working at XYZ Company’s factory, she was hit by a forklift, suffering serious physical injuries. Dr. Jones, an expert emergency room doctor, was hired to prepare a medical-legal report.
At trial, Saskia seeks to cross-examine numerous officers and directors of XYZ Company. How many officers or directors may Saskia examine without requiring the permission of the court or the parties?
Correct
Solution: According to rule 31.03(2)(b) of the Rules of Civil Procedure, more than one officer, director, or employee of a corporation may be examined, either with consent of the parties or leave of the court. Therefore, only one can be examined without the consent and/or leave of the court, which is why (a) is the correct answer.
Incorrect
Solution: According to rule 31.03(2)(b) of the Rules of Civil Procedure, more than one officer, director, or employee of a corporation may be examined, either with consent of the parties or leave of the court. Therefore, only one can be examined without the consent and/or leave of the court, which is why (a) is the correct answer.
Unattempted
Solution: According to rule 31.03(2)(b) of the Rules of Civil Procedure, more than one officer, director, or employee of a corporation may be examined, either with consent of the parties or leave of the court. Therefore, only one can be examined without the consent and/or leave of the court, which is why (a) is the correct answer.
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Question 25 of 80
25. Question
Category: Civil Litigation25. Case Set: Giselle, a lawyer, is representing her client, Saskia, in a litigation matter commenced by Saskia against her employer, XYZ Company. The company manufactures and distributes car parts. Saskia alleges that while working at XYZ Company’s factory, she was hit by a forklift, suffering serious physical injuries. Dr. Jones, an expert emergency room doctor, was hired to prepare a medical-legal report.
The case ultimately went to trial before the Superior Court of Justice, where the final order of the judge awarded Saskia $110,000, including $8,000 in interest and $12,000 in costs. How can XYZ Company appeal the decision?
Correct
Solution: According to Section 6 of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Ontario Court of Appeal. No leave to appeal is required. Here, the final order is well in excess of $50,000 ($90,000 in damages and $8,000 in interest = $98,000 overall. The $12,000 in costs is excluded but will not affect the answer in any case here. Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required. (d) is the correct answer.
Incorrect
Solution: According to Section 6 of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Ontario Court of Appeal. No leave to appeal is required. Here, the final order is well in excess of $50,000 ($90,000 in damages and $8,000 in interest = $98,000 overall. The $12,000 in costs is excluded but will not affect the answer in any case here. Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required. (d) is the correct answer.
Unattempted
Solution: According to Section 6 of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Ontario Court of Appeal. No leave to appeal is required. Here, the final order is well in excess of $50,000 ($90,000 in damages and $8,000 in interest = $98,000 overall. The $12,000 in costs is excluded but will not affect the answer in any case here. Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required. (d) is the correct answer.
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Question 26 of 80
26. Question
Category: Criminal Law26. Jane has been charged with human trafficking, which is an indictable offence punishable by a maximum penalty of $1 million and/or life imprisonment. If Jane is found guilty, will the court make a DNA order?
Correct
Solution: The correct answer is (b). According to section 487.051 of the Criminal Code, for offences such as human trafficking, there is a presumption that the court will make a DNA order unless the offender satisfies the court that the impact of the order would be grossly disproportionate to the public interest. As (b) best describes this, it is the correct answer. (a) is wrong because it is not mandatory for a human trafficking offence (though it is for some, such as murder or sexual assault). (c) is incorrect because the prosecution does not need to advocate such for human trafficking, though it does for secondary designated offences, including indecent act and assault. (d) is incorrect, because, as discussed, it is an offence which permits the court to make a DNA order.
Incorrect
Solution: The correct answer is (b). According to section 487.051 of the Criminal Code, for offences such as human trafficking, there is a presumption that the court will make a DNA order unless the offender satisfies the court that the impact of the order would be grossly disproportionate to the public interest. As (b) best describes this, it is the correct answer. (a) is wrong because it is not mandatory for a human trafficking offence (though it is for some, such as murder or sexual assault). (c) is incorrect because the prosecution does not need to advocate such for human trafficking, though it does for secondary designated offences, including indecent act and assault. (d) is incorrect, because, as discussed, it is an offence which permits the court to make a DNA order.
Unattempted
Solution: The correct answer is (b). According to section 487.051 of the Criminal Code, for offences such as human trafficking, there is a presumption that the court will make a DNA order unless the offender satisfies the court that the impact of the order would be grossly disproportionate to the public interest. As (b) best describes this, it is the correct answer. (a) is wrong because it is not mandatory for a human trafficking offence (though it is for some, such as murder or sexual assault). (c) is incorrect because the prosecution does not need to advocate such for human trafficking, though it does for secondary designated offences, including indecent act and assault. (d) is incorrect, because, as discussed, it is an offence which permits the court to make a DNA order.
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Question 27 of 80
27. Question
Category: Criminal Law27. Tom abused his former partner, Halona, for years. He was ultimately found guilty of assault. Given that Halona is an indigenous woman, what objectives must the court consider when imposing a sentence?
Correct
Solution: According to section 718.04 of the Criminal Code, when a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances, including because the person is Aboriginal and female, the court must give primary consideration to the objectives of denunciation and deterrence. Therefore, the correct answer choice is (c).
Incorrect
Solution: According to section 718.04 of the Criminal Code, when a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances, including because the person is Aboriginal and female, the court must give primary consideration to the objectives of denunciation and deterrence. Therefore, the correct answer choice is (c).
Unattempted
Solution: According to section 718.04 of the Criminal Code, when a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances, including because the person is Aboriginal and female, the court must give primary consideration to the objectives of denunciation and deterrence. Therefore, the correct answer choice is (c).
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Question 28 of 80
28. Question
Category: Criminal Law28. Grant has been charged for manslaughter. His case will be decided before a jury. His lawyer, Anita, has expressed concern about one of the jury members that were selected. What is one ground that Anita can use to challenge the jury member for cause?
Correct
Solution: The correct answer is (d). Section 638(1) of the Criminal Code lists out the grounds to challenge a juror, including (d) – if the juror is not a Canadian citizen. (a) and (c) have no basis in section 638(1), and (b) is incorrect because it should say not impartial. Note that according to 638(2) of the Criminal Code, only the grounds listed in section 638(1) of the Criminal Code can be used to challenge for cause.
Incorrect
Solution: The correct answer is (d). Section 638(1) of the Criminal Code lists out the grounds to challenge a juror, including (d) – if the juror is not a Canadian citizen. (a) and (c) have no basis in section 638(1), and (b) is incorrect because it should say not impartial. Note that according to 638(2) of the Criminal Code, only the grounds listed in section 638(1) of the Criminal Code can be used to challenge for cause.
Unattempted
Solution: The correct answer is (d). Section 638(1) of the Criminal Code lists out the grounds to challenge a juror, including (d) – if the juror is not a Canadian citizen. (a) and (c) have no basis in section 638(1), and (b) is incorrect because it should say not impartial. Note that according to 638(2) of the Criminal Code, only the grounds listed in section 638(1) of the Criminal Code can be used to challenge for cause.
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Question 29 of 80
29. Question
Category: Criminal Law29. Nisrine is the chief executive officer and founder of ABC Corporation, which sells kitchen appliances. Earlier this year, Nisrine was sued by a competitor for patent infringement. Upon receiving notice of the lawsuit, she retained a lawyer, Douglas, to assist with her defence. Since retaining Douglas, she has incurred over $25,000 in legal fees. However, Douglas has failed to prepare a statement of defence, along with several other key documents in her defence, despite Nisrine asking for the documents to be prepared. After asking Douglas to provide her with what work he has done so far, he ignored her. By coincidence, she found that one of her friends, Anne, is also Douglas’ client. After discovering that Anne has had similar issues with Douglas, Nisrine retains a new lawyer and explains to them the service she has received from Douglas. How should the new lawyer proceed?
Correct
Solution: According to Rules 7.1-4 to 7.1-4.3 of the Rules of Professional Conduct, if a lawyer’s client has a claim or complaint against an apparently dishonest lawyer, the lawyer must encourage the client to report the facts to the Law Society of Ontario. Furthermore, the lawyer must, among other things, obtain the client’s written instructions to proceed with the client’s claim without notice of the Law Society, inform the client of provisions of the Criminal Code (s. 141) dealing with concealment of an indictable offence in return for an agreement to obtain valuable consideration, and if the client wishes to pursue a private agreement with the dishonest lawyer, and such agreement constitutes a violation of s. 141 of the Code, withdraw from representation. The correct answer is therefore (c) – as this is one of the steps noted above that must be taken by the lawyer. (a) is incorrect because the new lawyer should only proceed to file a complaint with the consent of the client. (b) is wrong because it is worded too broadly by saying “under any circumstances”, as it should say “s. 141 of the Code”. Finally, (d) is incorrect – that is not the best way to proceed at this time.
Incorrect
Solution: According to Rules 7.1-4 to 7.1-4.3 of the Rules of Professional Conduct, if a lawyer’s client has a claim or complaint against an apparently dishonest lawyer, the lawyer must encourage the client to report the facts to the Law Society of Ontario. Furthermore, the lawyer must, among other things, obtain the client’s written instructions to proceed with the client’s claim without notice of the Law Society, inform the client of provisions of the Criminal Code (s. 141) dealing with concealment of an indictable offence in return for an agreement to obtain valuable consideration, and if the client wishes to pursue a private agreement with the dishonest lawyer, and such agreement constitutes a violation of s. 141 of the Code, withdraw from representation. The correct answer is therefore (c) – as this is one of the steps noted above that must be taken by the lawyer. (a) is incorrect because the new lawyer should only proceed to file a complaint with the consent of the client. (b) is wrong because it is worded too broadly by saying “under any circumstances”, as it should say “s. 141 of the Code”. Finally, (d) is incorrect – that is not the best way to proceed at this time.
Unattempted
Solution: According to Rules 7.1-4 to 7.1-4.3 of the Rules of Professional Conduct, if a lawyer’s client has a claim or complaint against an apparently dishonest lawyer, the lawyer must encourage the client to report the facts to the Law Society of Ontario. Furthermore, the lawyer must, among other things, obtain the client’s written instructions to proceed with the client’s claim without notice of the Law Society, inform the client of provisions of the Criminal Code (s. 141) dealing with concealment of an indictable offence in return for an agreement to obtain valuable consideration, and if the client wishes to pursue a private agreement with the dishonest lawyer, and such agreement constitutes a violation of s. 141 of the Code, withdraw from representation. The correct answer is therefore (c) – as this is one of the steps noted above that must be taken by the lawyer. (a) is incorrect because the new lawyer should only proceed to file a complaint with the consent of the client. (b) is wrong because it is worded too broadly by saying “under any circumstances”, as it should say “s. 141 of the Code”. Finally, (d) is incorrect – that is not the best way to proceed at this time.
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Question 30 of 80
30. Question
Category: Criminal Law30. Josephine is a 15-year-old charged with assault. At Josephine’s hearing before the youth justice court, Josephine’s lawyer, Margaret, put forward a motion to order a psychological assessment. Which of the following factors would increase the likelihood that such assessment would be granted by the court?
Correct
Solution: According to Section 34(2) of the Youth Criminal Justice Act, a youth justice court may order a psychological assessment if any of several factors exist, including if there are grounds to believe that the young person is suffering from a physical or mental disorder. Therefore, (a) is the correct answer. The other choices are not relevant.
Incorrect
Solution: According to Section 34(2) of the Youth Criminal Justice Act, a youth justice court may order a psychological assessment if any of several factors exist, including if there are grounds to believe that the young person is suffering from a physical or mental disorder. Therefore, (a) is the correct answer. The other choices are not relevant.
Unattempted
Solution: According to Section 34(2) of the Youth Criminal Justice Act, a youth justice court may order a psychological assessment if any of several factors exist, including if there are grounds to believe that the young person is suffering from a physical or mental disorder. Therefore, (a) is the correct answer. The other choices are not relevant.
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Question 31 of 80
31. Question
Category: Criminal Law31. Zaza is a criminal lawyer representing his client, Norbs. He plans on compensating an expert, Katia, who has assisted with Norbs’ defence, by electronically transferring funds (“e-transfer”). To properly conduct this e-transfer, what must Zaza do?
Correct
Solution: The correct answer is (b). According to By-Law 9, Section 12(2)(2.), when withdrawing money from a trust account by electronic transfer, the electronic transfer system used must produce a confirmation from the financial institution confirming certain data. The remaining options are not required by the Rules of Professional Conduct or by-laws.
Incorrect
Solution: The correct answer is (b). According to By-Law 9, Section 12(2)(2.), when withdrawing money from a trust account by electronic transfer, the electronic transfer system used must produce a confirmation from the financial institution confirming certain data. The remaining options are not required by the Rules of Professional Conduct or by-laws.
Unattempted
Solution: The correct answer is (b). According to By-Law 9, Section 12(2)(2.), when withdrawing money from a trust account by electronic transfer, the electronic transfer system used must produce a confirmation from the financial institution confirming certain data. The remaining options are not required by the Rules of Professional Conduct or by-laws.
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Question 32 of 80
32. Question
Category: Criminal Law32. ABC Corporation is an Ontario-based hardware shop. Last year, it began selling highly aggressive glue traps, which ultimately led the hardware shop to being charged for animal cruelty. Prior to trial, ABC Corporation would like to apply to the court for an order for the release of an exhibit related to the glue traps in order for ABC Corporation to conduct testing. The trial is scheduled to be held in the Superior Court of Justice. Which of the following is true about ABC Corporation’s application?
Correct
Solution: The correct answer is (b). Under section 605 of the Criminal Code, counsel may apply to a judge of either the Superior Court of Justice or Ontario Court of Justice for an order for the release of an exhibit. Two affidavits must be provided, one by or on behalf of the applicant, and one from the person or agency proposing to conduct the testing. (a) is incorrect; Rule 21.02 of the Superior Court of Justice Rules states that applications should be made to a judge of the court in the region in which the accused is to be or is being tried. In other words, the court has to be the same, not the judge. (c) is incorrect; section 605 of the Code notes the order will be granted if there is an air of reality to support the contention that examination of the exhibit is likely to support a defence available to the accused. Finally, (d) is incorrect, as the SCJ Rules state the motion must be made on at least two days’ notice.
Incorrect
Solution: The correct answer is (b). Under section 605 of the Criminal Code, counsel may apply to a judge of either the Superior Court of Justice or Ontario Court of Justice for an order for the release of an exhibit. Two affidavits must be provided, one by or on behalf of the applicant, and one from the person or agency proposing to conduct the testing. (a) is incorrect; Rule 21.02 of the Superior Court of Justice Rules states that applications should be made to a judge of the court in the region in which the accused is to be or is being tried. In other words, the court has to be the same, not the judge. (c) is incorrect; section 605 of the Code notes the order will be granted if there is an air of reality to support the contention that examination of the exhibit is likely to support a defence available to the accused. Finally, (d) is incorrect, as the SCJ Rules state the motion must be made on at least two days’ notice.
Unattempted
Solution: The correct answer is (b). Under section 605 of the Criminal Code, counsel may apply to a judge of either the Superior Court of Justice or Ontario Court of Justice for an order for the release of an exhibit. Two affidavits must be provided, one by or on behalf of the applicant, and one from the person or agency proposing to conduct the testing. (a) is incorrect; Rule 21.02 of the Superior Court of Justice Rules states that applications should be made to a judge of the court in the region in which the accused is to be or is being tried. In other words, the court has to be the same, not the judge. (c) is incorrect; section 605 of the Code notes the order will be granted if there is an air of reality to support the contention that examination of the exhibit is likely to support a defence available to the accused. Finally, (d) is incorrect, as the SCJ Rules state the motion must be made on at least two days’ notice.
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Question 33 of 80
33. Question
Category: Criminal Law33. An accused was charged with unlawful assembly, a summary conviction offence. He was ultimately convicted for the offence and files an appeal. When must the respondent’s factum be served on the accused and be filed with the court?
Correct
Solution: According to rule 40.11(6), in an appeal of a summary conviction, the respondent’s factum must be served on the appellant and filed with the court at least 10 days before the week in which the appeal is scheduled to be heard. The correct answer is therefore (c).
Incorrect
Solution: According to rule 40.11(6), in an appeal of a summary conviction, the respondent’s factum must be served on the appellant and filed with the court at least 10 days before the week in which the appeal is scheduled to be heard. The correct answer is therefore (c).
Unattempted
Solution: According to rule 40.11(6), in an appeal of a summary conviction, the respondent’s factum must be served on the appellant and filed with the court at least 10 days before the week in which the appeal is scheduled to be heard. The correct answer is therefore (c).
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Question 34 of 80
34. Question
Category: Criminal Law34. ABC LLP recently announced that it will begin having a 4-day work week. All employees and partners of the firm, including lawyers, clerks, and paralegals, were expected to work from Tuesday to Friday from 9:30 am to 7:30 pm. No one was expected to come in from Saturday to Monday. Mustafa, a lawyer at the firm, has concerns about the new policy. He is a devoted Muslim and attends prayers every Friday at 6:00 pm, which would overlap with his new work hours. Which of the following is true regarding the new policy?
Correct
Solution: Where there is discrimination, there is a duty on the lawyer or law firm to accommodate members of the affected group up to the point of undue hardship (see Rules of Professional Conduct, r. 6.3.1-1 and commentary [12]). This contemplates that in attempting to accommodate members of the affected group, the firm may experience some form of hardship; therefore, (c) is the correct answer. (a) is incorrect; just because a policy may discriminate against a group, such as Muslims in this case, it does not mean it must be withdrawn. Rather, enacting a discriminatory policy may be permissible if individuals are accommodated up until the point of undue hardship. (b) is not necessarily true; a change in work hours may be permissible in some cases. (d) is incorrect; Mustafa need not consent to the policy for it to be permissible. For instance, the policy may be permissible if Mustafa insisted on a form of accommodation that would cause the firm undue hardship. In such a case, his consent would not be needed, and the policy could be enacted (assuming no one else at ABC LLP is discriminated against).
Incorrect
Solution: Where there is discrimination, there is a duty on the lawyer or law firm to accommodate members of the affected group up to the point of undue hardship (see Rules of Professional Conduct, r. 6.3.1-1 and commentary [12]). This contemplates that in attempting to accommodate members of the affected group, the firm may experience some form of hardship; therefore, (c) is the correct answer. (a) is incorrect; just because a policy may discriminate against a group, such as Muslims in this case, it does not mean it must be withdrawn. Rather, enacting a discriminatory policy may be permissible if individuals are accommodated up until the point of undue hardship. (b) is not necessarily true; a change in work hours may be permissible in some cases. (d) is incorrect; Mustafa need not consent to the policy for it to be permissible. For instance, the policy may be permissible if Mustafa insisted on a form of accommodation that would cause the firm undue hardship. In such a case, his consent would not be needed, and the policy could be enacted (assuming no one else at ABC LLP is discriminated against).
Unattempted
Solution: Where there is discrimination, there is a duty on the lawyer or law firm to accommodate members of the affected group up to the point of undue hardship (see Rules of Professional Conduct, r. 6.3.1-1 and commentary [12]). This contemplates that in attempting to accommodate members of the affected group, the firm may experience some form of hardship; therefore, (c) is the correct answer. (a) is incorrect; just because a policy may discriminate against a group, such as Muslims in this case, it does not mean it must be withdrawn. Rather, enacting a discriminatory policy may be permissible if individuals are accommodated up until the point of undue hardship. (b) is not necessarily true; a change in work hours may be permissible in some cases. (d) is incorrect; Mustafa need not consent to the policy for it to be permissible. For instance, the policy may be permissible if Mustafa insisted on a form of accommodation that would cause the firm undue hardship. In such a case, his consent would not be needed, and the policy could be enacted (assuming no one else at ABC LLP is discriminated against).
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Question 35 of 80
35. Question
Category: Criminal Law35. The Crown typically has a duty to disclose which of the following information to the defence?
Correct
Solution: The Crown has a duty to disclose all relevant information to the defence, including recordings of witness statements. Therefore, (d) is the correct answer. The Crown typically does not have to disclose information that is protected by privilege, including public-interest privilege. Work product materials, including Crown counsel notes, memoranda, correspondence, and legal opinions are also protected by privilege and need not be disclosed.
Incorrect
Solution: The Crown has a duty to disclose all relevant information to the defence, including recordings of witness statements. Therefore, (d) is the correct answer. The Crown typically does not have to disclose information that is protected by privilege, including public-interest privilege. Work product materials, including Crown counsel notes, memoranda, correspondence, and legal opinions are also protected by privilege and need not be disclosed.
Unattempted
Solution: The Crown has a duty to disclose all relevant information to the defence, including recordings of witness statements. Therefore, (d) is the correct answer. The Crown typically does not have to disclose information that is protected by privilege, including public-interest privilege. Work product materials, including Crown counsel notes, memoranda, correspondence, and legal opinions are also protected by privilege and need not be disclosed.
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Question 36 of 80
36. Question
Category: Criminal Law36. Justine and Tira established JT Defence Lawyers LLP in 2017. Justine, a lawyer, specializes in youth criminal justice matters whereas Tira, also a lawyer, has a broad criminal law defence practice. They are the only two lawyers that work for their law firm. They also employ Barry, a legal assistant. On May 1, 2022, Tira’s son was charged with a criminal offence and required a surety. Which of the following is true?
Correct
Solution: The correct answer is (d). According to rules 3.4-40 and 3.4-41 of the Rules of Professional Conduct, a lawyer may act as surety for an accused if: (i) the accused is in a family relationship with the lawyer; and (ii) the accused is represented by the lawyer’s partner or associate. Since Justine is Tira’s partner, both criteria would be met here – the accused is in a family relationship with Tira; and Tira’s son would be represented Tira’s partner.
Incorrect
Solution: The correct answer is (d). According to rules 3.4-40 and 3.4-41 of the Rules of Professional Conduct, a lawyer may act as surety for an accused if: (i) the accused is in a family relationship with the lawyer; and (ii) the accused is represented by the lawyer’s partner or associate. Since Justine is Tira’s partner, both criteria would be met here – the accused is in a family relationship with Tira; and Tira’s son would be represented Tira’s partner.
Unattempted
Solution: The correct answer is (d). According to rules 3.4-40 and 3.4-41 of the Rules of Professional Conduct, a lawyer may act as surety for an accused if: (i) the accused is in a family relationship with the lawyer; and (ii) the accused is represented by the lawyer’s partner or associate. Since Justine is Tira’s partner, both criteria would be met here – the accused is in a family relationship with Tira; and Tira’s son would be represented Tira’s partner.
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Question 37 of 80
37. Question
Category: Criminal Law37. Which source of law bars an accused from acting as a witness for the Crown?
Correct
Solution: Section 4(1) of the Canada Evidence Act prevents an accused from being a witness for the Crown. The correct answer is therefore (b).
Incorrect
Solution: Section 4(1) of the Canada Evidence Act prevents an accused from being a witness for the Crown. The correct answer is therefore (b).
Unattempted
Solution: Section 4(1) of the Canada Evidence Act prevents an accused from being a witness for the Crown. The correct answer is therefore (b).
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Question 38 of 80
38. Question
Category: Criminal Law38. Marissa was charged and arrested for theft over $5,000. Immediately after her arrest, the police informed her of the right to counsel, and she was able to speak to her lawyer. After speaking to her lawyer, the police resumed questioning her. When will the police likely be obligated, as per the Canadian Charter of Rights and Freedoms, to stop the interview and allow her to contact her lawyer again?
Correct
Solution: After police have already given the accused the right to contact counsel, there is no obligation for the police under s.10(b) of the Charter to stop the interview and permit contact with counsel again unless one of three scenarios are met, including whether there are new procedures involving the detainee that require further legal advice, i.e. participation in a polygraph test. Therefore, (d) is the correct answer.
Incorrect
Solution: After police have already given the accused the right to contact counsel, there is no obligation for the police under s.10(b) of the Charter to stop the interview and permit contact with counsel again unless one of three scenarios are met, including whether there are new procedures involving the detainee that require further legal advice, i.e. participation in a polygraph test. Therefore, (d) is the correct answer.
Unattempted
Solution: After police have already given the accused the right to contact counsel, there is no obligation for the police under s.10(b) of the Charter to stop the interview and permit contact with counsel again unless one of three scenarios are met, including whether there are new procedures involving the detainee that require further legal advice, i.e. participation in a polygraph test. Therefore, (d) is the correct answer.
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Question 39 of 80
39. Question
Category: Criminal Law39. Which of the following is true of pre-trial release?
Correct
Solution: The correct answer is (d). At this stage, police have wide discretion. (a) is incorrect; a preliminary inquiry is not always granted – therefore, it is possible for a pre-trial release to be granted without a preliminary inquiry. (b) is incorrect because a “judicial referral hearing” is not always engaged at this stage. Finally, (c) is incorrect because an accused can receive a pre-trial release once fingerprinted.
Incorrect
Solution: The correct answer is (d). At this stage, police have wide discretion. (a) is incorrect; a preliminary inquiry is not always granted – therefore, it is possible for a pre-trial release to be granted without a preliminary inquiry. (b) is incorrect because a “judicial referral hearing” is not always engaged at this stage. Finally, (c) is incorrect because an accused can receive a pre-trial release once fingerprinted.
Unattempted
Solution: The correct answer is (d). At this stage, police have wide discretion. (a) is incorrect; a preliminary inquiry is not always granted – therefore, it is possible for a pre-trial release to be granted without a preliminary inquiry. (b) is incorrect because a “judicial referral hearing” is not always engaged at this stage. Finally, (c) is incorrect because an accused can receive a pre-trial release once fingerprinted.
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Question 40 of 80
40. Question
Category: Criminal Law40. Gustav has been charged with the failure to provide the necessities of life under section 215 of the Criminal Code. Prior to trial, the Crown plans to bring a motion to contest Gustav’s fitness to stand trial. Which of the following is true regarding the burden to prove Gustav’s fitness to stand trial?
Correct
Solution: The correct answer is (a). According to section 672.22 of the Criminal Code, an accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial. Therefore, the burden lies with whoever seeks to raise the issue of fitness. In this case, the Crown is raising the issue; and must displace the presumption of fitness on a balance of probabilities.
Incorrect
Solution: The correct answer is (a). According to section 672.22 of the Criminal Code, an accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial. Therefore, the burden lies with whoever seeks to raise the issue of fitness. In this case, the Crown is raising the issue; and must displace the presumption of fitness on a balance of probabilities.
Unattempted
Solution: The correct answer is (a). According to section 672.22 of the Criminal Code, an accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial. Therefore, the burden lies with whoever seeks to raise the issue of fitness. In this case, the Crown is raising the issue; and must displace the presumption of fitness on a balance of probabilities.
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Question 41 of 80
41. Question
Category: Criminal Law41. Frankie was charged with theft over $5,000. At his sentencing hearing in January 2022, he was ordered to pay a large fine. He immediately sought to commence an application to stay the order pending an appeal. To successfully stay the order, what must Frankie convince the court of?
Correct
Solution: According to section 683(5) of the Criminal Code, to stay a sentencing order, the judge must be satisfied that the stay is in the interests of justice. Therefore, (b) is the correct answer.
Incorrect
Solution: According to section 683(5) of the Criminal Code, to stay a sentencing order, the judge must be satisfied that the stay is in the interests of justice. Therefore, (b) is the correct answer.
Unattempted
Solution: According to section 683(5) of the Criminal Code, to stay a sentencing order, the judge must be satisfied that the stay is in the interests of justice. Therefore, (b) is the correct answer.
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Question 42 of 80
42. Question
Category: Criminal Law42. When can the Crown lead evidence of a confession made by the accused at a preliminary hearing?
Correct
Solution: According to section 542(1) of the Criminal Code, for a confession to be admissible, it must be proven to be voluntary beyond a reasonable doubt. Therefore, the correct answer is (b).
Incorrect
Solution: According to section 542(1) of the Criminal Code, for a confession to be admissible, it must be proven to be voluntary beyond a reasonable doubt. Therefore, the correct answer is (b).
Unattempted
Solution: According to section 542(1) of the Criminal Code, for a confession to be admissible, it must be proven to be voluntary beyond a reasonable doubt. Therefore, the correct answer is (b).
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Question 43 of 80
43. Question
Category: Criminal Law43. Case Set: Adhira is a lawyer based in Brantford, Ontario. Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”), specializes in defending the most heinous criminals. She is approached by a prospective client, Elias, who was recently charged with second-degree murder.
After seeing a tweet on ACLD’s Twitter page, Elias felt compelled to reach out to the firm for assistance. Which of the following tweets would be contrary to the Rules of Professional Conduct?
Correct
Solution: The best answer is (d). Note the question is asking which of the following tweets would contravene the Rules. (a) – (b) both may contravene the Rules. For example, in (a) – it contains an emotional appeal, which according to rule 4.2-1, commentary [2] of the Rules, may contravene the Rules. (b) markets past results – which again, may contravene the Rules. (c) there is no reason why this would be against the Rules. For (d), however, it seems that ACLD’s ranking is at least in part due to paying clients to provide feedback, which does contravene the Rules, according to rule 4.2-1, commentary [5(c)]. The fact that ACLD pays select clients to send feedback makes ACLD’s actions even more suspicious.
Incorrect
Solution: The best answer is (d). Note the question is asking which of the following tweets would contravene the Rules. (a) – (b) both may contravene the Rules. For example, in (a) – it contains an emotional appeal, which according to rule 4.2-1, commentary [2] of the Rules, may contravene the Rules. (b) markets past results – which again, may contravene the Rules. (c) there is no reason why this would be against the Rules. For (d), however, it seems that ACLD’s ranking is at least in part due to paying clients to provide feedback, which does contravene the Rules, according to rule 4.2-1, commentary [5(c)]. The fact that ACLD pays select clients to send feedback makes ACLD’s actions even more suspicious.
Unattempted
Solution: The best answer is (d). Note the question is asking which of the following tweets would contravene the Rules. (a) – (b) both may contravene the Rules. For example, in (a) – it contains an emotional appeal, which according to rule 4.2-1, commentary [2] of the Rules, may contravene the Rules. (b) markets past results – which again, may contravene the Rules. (c) there is no reason why this would be against the Rules. For (d), however, it seems that ACLD’s ranking is at least in part due to paying clients to provide feedback, which does contravene the Rules, according to rule 4.2-1, commentary [5(c)]. The fact that ACLD pays select clients to send feedback makes ACLD’s actions even more suspicious.
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Question 44 of 80
44. Question
Category: Criminal Law44. Case Set: Adhira is a lawyer based in Brantford, Ontario. Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”), specializes in defending the most heinous criminals. She is approached by a prospective client, Elias, who was recently charged with second-degree murder
Elias, who is 16 years-old, ultimately retains Adhira. He asks her what is likely to happen to him if an order is made to sentence him as an adult and he is found guilty of second-degree murder. How should Adhira respond?
Correct
Solution: The mandatory life sentence for anyone convicted of murder is life in prison (Criminal Code, section 235(1)). Therefore, the correct answer is (a). Note that given that Elias is 16 years-old, he can likely apply for parole after 7 years; however, his sentence, which is what the question is asking, will remain life in prison.
Incorrect
Solution: The mandatory life sentence for anyone convicted of murder is life in prison (Criminal Code, section 235(1)). Therefore, the correct answer is (a). Note that given that Elias is 16 years-old, he can likely apply for parole after 7 years; however, his sentence, which is what the question is asking, will remain life in prison.
Unattempted
Solution: The mandatory life sentence for anyone convicted of murder is life in prison (Criminal Code, section 235(1)). Therefore, the correct answer is (a). Note that given that Elias is 16 years-old, he can likely apply for parole after 7 years; however, his sentence, which is what the question is asking, will remain life in prison.
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Question 45 of 80
45. Question
Category: Criminal Law45. Case Set: Adhira is a lawyer based in Brantford, Ontario. Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”), specializes in defending the most heinous criminals. She is approached by a prospective client, Elias, who was recently charged with second-degree murder.
Adhira must withdraw from representing Elias if which of the following is true?
Correct
Solution: According to rule 3.7-7 of the Rules of Professional Conduct, a lawyer must withdraw when the client’s instructions require the lawyer to act contrary to the Rules of Professional Conduct. Accordingly, since a lawyer may not accept a contingency fee in a criminal law-related retainer (see rule 3.6-2 and commentary), answer choice (a) is correct. All the other options do not require Adhira to withdraw, though they may give her the option to. (see rule 3.7-1 and rule 3.7-2). Note that there are special withdrawal rules when it comes to lawyers acting in criminal matters. These focus on whether the withdrawal would give the client adequate time to retain another lawyer. This often depends on when the trial is. Note for answer choice (a), it says at the outset of the retainer, which means the trial will likely still be years away. Hence, it remains the best answer choice.
Incorrect
Solution: According to rule 3.7-7 of the Rules of Professional Conduct, a lawyer must withdraw when the client’s instructions require the lawyer to act contrary to the Rules of Professional Conduct. Accordingly, since a lawyer may not accept a contingency fee in a criminal law-related retainer (see rule 3.6-2 and commentary), answer choice (a) is correct. All the other options do not require Adhira to withdraw, though they may give her the option to. (see rule 3.7-1 and rule 3.7-2). Note that there are special withdrawal rules when it comes to lawyers acting in criminal matters. These focus on whether the withdrawal would give the client adequate time to retain another lawyer. This often depends on when the trial is. Note for answer choice (a), it says at the outset of the retainer, which means the trial will likely still be years away. Hence, it remains the best answer choice.
Unattempted
Solution: According to rule 3.7-7 of the Rules of Professional Conduct, a lawyer must withdraw when the client’s instructions require the lawyer to act contrary to the Rules of Professional Conduct. Accordingly, since a lawyer may not accept a contingency fee in a criminal law-related retainer (see rule 3.6-2 and commentary), answer choice (a) is correct. All the other options do not require Adhira to withdraw, though they may give her the option to. (see rule 3.7-1 and rule 3.7-2). Note that there are special withdrawal rules when it comes to lawyers acting in criminal matters. These focus on whether the withdrawal would give the client adequate time to retain another lawyer. This often depends on when the trial is. Note for answer choice (a), it says at the outset of the retainer, which means the trial will likely still be years away. Hence, it remains the best answer choice.
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Question 46 of 80
46. Question
Category: Family Law46. Christie and Franco got married on April 1, 2021. One month later, Franco sold his northern Ontario cottage that he owned to his brother for $500,000, which was $25,000 above its market value at the time. Christie and Franco chose to separate on March 1, 2022. Franco filed an application to commence divorce proceedings on April 20, 2023, which included, among other things, a claim for support and exclusive possession of the matrimonial home. The parties scheduled a case conference for May 1, 2023. Which of the following is true regarding Franco’s financial disclosure requirements prior to the case conference?
Correct
Solution: The correct answer is (d). According to Form 13.1 – Financial Statement, which must be filled out when making a claim for exclusive possession of the matrimonial home, Part 8 of the form requires disclosure of disposed of property. The instructions specifically ask to “show by category the value of all property that you disposed of during the two years immediately preceding the making of this statement, or during the marriage, whichever period is shorter.” Since their marriage was shorter (it was only 11 months), that is the period of time for which he must disclose any dispositions of property, and that includes disposing of his cottage. (a) is incorrect – it is irrelevant the sale only occurred merely one month after the date of their marriage; it must still be disclosed. (b) is also incorrect. While the fact that it was sold for more than market value may result in the transaction receiving less scrutiny, it must still be disclosed in the financial statement. (c) is also incorrect, there is no specific requirement to disclose dispositions to family members.
Incorrect
Solution: The correct answer is (d). According to Form 13.1 – Financial Statement, which must be filled out when making a claim for exclusive possession of the matrimonial home, Part 8 of the form requires disclosure of disposed of property. The instructions specifically ask to “show by category the value of all property that you disposed of during the two years immediately preceding the making of this statement, or during the marriage, whichever period is shorter.” Since their marriage was shorter (it was only 11 months), that is the period of time for which he must disclose any dispositions of property, and that includes disposing of his cottage. (a) is incorrect – it is irrelevant the sale only occurred merely one month after the date of their marriage; it must still be disclosed. (b) is also incorrect. While the fact that it was sold for more than market value may result in the transaction receiving less scrutiny, it must still be disclosed in the financial statement. (c) is also incorrect, there is no specific requirement to disclose dispositions to family members.
Unattempted
Solution: The correct answer is (d). According to Form 13.1 – Financial Statement, which must be filled out when making a claim for exclusive possession of the matrimonial home, Part 8 of the form requires disclosure of disposed of property. The instructions specifically ask to “show by category the value of all property that you disposed of during the two years immediately preceding the making of this statement, or during the marriage, whichever period is shorter.” Since their marriage was shorter (it was only 11 months), that is the period of time for which he must disclose any dispositions of property, and that includes disposing of his cottage. (a) is incorrect – it is irrelevant the sale only occurred merely one month after the date of their marriage; it must still be disclosed. (b) is also incorrect. While the fact that it was sold for more than market value may result in the transaction receiving less scrutiny, it must still be disclosed in the financial statement. (c) is also incorrect, there is no specific requirement to disclose dispositions to family members.
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Question 47 of 80
47. Question
Category: Family Law47. In April 2022, Hanieh commenced an application for child support, which she was successfully awarded in April 2023. The court ruled that the award would be retroactive to April 2018. Given the retroactive award, the court must have found which of the following?
Correct
Solution: Retroactive awards are limited to three years prior to the commencement of the application, unless the court finds blameworthy conduct by the payor spouse. Therefore, given that the award was retroactive to four years prior to the date of the application, the correct answer is (a) – the court must have found blameworthy conduct by the payor spouse. Note that (c) is wrong because although one factor courts are to look at when deciding whether to give a retroactive award is whether the award will cause hardship, they do not look at whether the failure to issue the award will cause hardship.
Incorrect
Solution: Retroactive awards are limited to three years prior to the commencement of the application, unless the court finds blameworthy conduct by the payor spouse. Therefore, given that the award was retroactive to four years prior to the date of the application, the correct answer is (a) – the court must have found blameworthy conduct by the payor spouse. Note that (c) is wrong because although one factor courts are to look at when deciding whether to give a retroactive award is whether the award will cause hardship, they do not look at whether the failure to issue the award will cause hardship.
Unattempted
Solution: Retroactive awards are limited to three years prior to the commencement of the application, unless the court finds blameworthy conduct by the payor spouse. Therefore, given that the award was retroactive to four years prior to the date of the application, the correct answer is (a) – the court must have found blameworthy conduct by the payor spouse. Note that (c) is wrong because although one factor courts are to look at when deciding whether to give a retroactive award is whether the award will cause hardship, they do not look at whether the failure to issue the award will cause hardship.
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Question 48 of 80
48. Question
Category: Family Law48. Enrique and Gorana had been married for 35 years, until divorcing in early 2022. Enrique meets with Suzanne, a lawyer, for assistance with commencing a spousal support application. Suzanne prepares the application package and serves it on Gorana. After receiving the package, Gorana asks Suzanne whether she would be willing to assist her with filing an answer. Enrique takes no issue with this. How should Suzanne proceed?
Correct
Solution: The correct answer is (b). Enrique and Gorana are on opposing sides in this matter – Enrique is the applicant; Gorana is the respondent. Rule 3.4-3 of the Rules of Professional Conduct states that a lawyer shall not represent opposing parties in a dispute, even if the party’s consent in accordance with rule 3.4-2.
Incorrect
Solution: The correct answer is (b). Enrique and Gorana are on opposing sides in this matter – Enrique is the applicant; Gorana is the respondent. Rule 3.4-3 of the Rules of Professional Conduct states that a lawyer shall not represent opposing parties in a dispute, even if the party’s consent in accordance with rule 3.4-2.
Unattempted
Solution: The correct answer is (b). Enrique and Gorana are on opposing sides in this matter – Enrique is the applicant; Gorana is the respondent. Rule 3.4-3 of the Rules of Professional Conduct states that a lawyer shall not represent opposing parties in a dispute, even if the party’s consent in accordance with rule 3.4-2.
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Question 49 of 80
49. Question
Category: Family Law49. Sergie and Venus are currently in a dispute over the terms of their domestic agreement. They decide to use collaborative family law (“CFL”) to resolve their issues. As part of the CFL process, they enter into a participation agreement. What provision is this agreement likely to contain?
Correct
Solution: The best answer is (c). A typical participation agreement will contain a commitment from both parties to not take advantage of any mistakes committed by the other party. (a) would be an unusual provision to include in a participation agreement and hence is a weaker answer; (b) would also be an unusual provision to include, although a typical provision would include the procedure for withdrawal; and (d) would also be unusual as lawyers are typically relied upon to reach a settlement.
Incorrect
Solution: The best answer is (c). A typical participation agreement will contain a commitment from both parties to not take advantage of any mistakes committed by the other party. (a) would be an unusual provision to include in a participation agreement and hence is a weaker answer; (b) would also be an unusual provision to include, although a typical provision would include the procedure for withdrawal; and (d) would also be unusual as lawyers are typically relied upon to reach a settlement.
Unattempted
Solution: The best answer is (c). A typical participation agreement will contain a commitment from both parties to not take advantage of any mistakes committed by the other party. (a) would be an unusual provision to include in a participation agreement and hence is a weaker answer; (b) would also be an unusual provision to include, although a typical provision would include the procedure for withdrawal; and (d) would also be unusual as lawyers are typically relied upon to reach a settlement.
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Question 50 of 80
50. Question
Category: Family Law50. An indigenous group in Ontario seeks to exercise its jurisdiction over child and family services, pursuant to An Act respecting First Nations, Inuit and Métis children, youth and families (“FNIMCYF”). What must the indigenous group do to be able to exercise this jurisdiction?
Correct
Solution: The correct answer is (b). According to FNIMCYF, indigenous groups who develop their own legislation can exercise jurisdiction under FNIMCFYF through two ways, including informing the Minister of Indigenous Services and the Ontario government. Note that with (d), while the indigenous group will inevitably have to develop legislation, the question is asking what they need to do in order to exercise the appropriate jurisdiction under FNIMCYF. This would not help them do that.
Incorrect
Solution: The correct answer is (b). According to FNIMCYF, indigenous groups who develop their own legislation can exercise jurisdiction under FNIMCFYF through two ways, including informing the Minister of Indigenous Services and the Ontario government. Note that with (d), while the indigenous group will inevitably have to develop legislation, the question is asking what they need to do in order to exercise the appropriate jurisdiction under FNIMCYF. This would not help them do that.
Unattempted
Solution: The correct answer is (b). According to FNIMCYF, indigenous groups who develop their own legislation can exercise jurisdiction under FNIMCFYF through two ways, including informing the Minister of Indigenous Services and the Ontario government. Note that with (d), while the indigenous group will inevitably have to develop legislation, the question is asking what they need to do in order to exercise the appropriate jurisdiction under FNIMCYF. This would not help them do that.
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Question 51 of 80
51. Question
Category: Family Law51. In order for a children’s aid society to have a positive obligation to make all practicable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child, which of the following must be true about the child?
Correct
Solution: The correct answer is (a). According to the Child, Youth and Family Services Act, 2017, a children’s aid society shall make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child meets three criteria, including if they are in need of protection. An age cut-off of under 10 (answer choice b) and medical issues (answer choice d) do not fall under the criteria. With respect to not identifying with a band (answer choice c) this is actually the opposite of what is noted in the Act, (“...is a member of or identifies with a band, or is a member of or identifies with a First Nations, Inuit or Métis community”).
Incorrect
Solution: The correct answer is (a). According to the Child, Youth and Family Services Act, 2017, a children’s aid society shall make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child meets three criteria, including if they are in need of protection. Age (answer choice b) and medical issues (answer choice d) do not fall under the criteria. With respect to not being a member of a band (answer choice c) this is actually the opposite of what is noted in the Act, (“...is a member of or identifies with a band, or is a member of or identifies with a First Nations, Inuit or Métis community”).
Unattempted
Solution: The correct answer is (a). According to the Child, Youth and Family Services Act, 2017, a children’s aid society shall make all reasonable efforts to pursue a plan for customary care for a First Nations, Inuk or Métis child if the child meets three criteria, including if they are in need of protection. Age (answer choice b) and medical issues (answer choice d) do not fall under the criteria. With respect to not being a member of a band (answer choice c) this is actually the opposite of what is noted in the Act, (“...is a member of or identifies with a band, or is a member of or identifies with a First Nations, Inuit or Métis community”).
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Question 52 of 80
52. Question
Category: Family Law52. Tola and Anetta, a married couple, were interested in having a child through a surrogate. They entered into a surrogacy agreement with Linh, who agreed to be the surrogate. The agreement provided that Linh did not want to be the parent of the child contemplated by the agreement. Linh recently gave birth to the child. She became incredibly in love with the child, who she named Stephen, and refused to give him up to Tola and Anetta. Tola and Annette were outraged at the situation and approach a lawyer for assistance. Which of the following is true?
Correct
Solution: The correct answer is (c). According to rule 10(9) of the Children’s Law Reform Act, a surrogacy agreement is unenforceable in law, but may be used as evidence of intention. Therefore, the agreement can still be useful to Tola and Anetta (i.e., if they apply to the court for a determination of parentage). (a) is incorrect, because once again, the surrogacy agreement is not enforceable, so it would be untrue to say just because they entered into the agreement, the couple is entitled to and has the immediate right to take the child. (b) is incorrect; they do not have a right to take the child. If Linh is unwilling to give up parentage, then they must apply to the court for a determination of parentage. Finally, (d) is incorrect because, (i) it is unclear what the surrogacy agreement lays out, so we have no basis to conclude Linh must instantly give up her claim to parentage upon giving birth (and besides, as noted above, the surrogacy agreement is unenforceable so there would be no requirements generated as a result of it in any case); and (ii), the CLRA does stipulate this, so this has no factual or legal basis.
Incorrect
Solution: The correct answer is (c). According to rule 10(9) of the Children’s Law Reform Act, a surrogacy agreement is unenforceable in law, but may be used as evidence of intention. Therefore, the agreement can still be useful to Tola and Anetta (i.e., if they apply to the court for a determination of parentage). (a) is incorrect, because once again, the surrogacy agreement is not enforceable, so it would be untrue to say just because they entered into the agreement, the couple is entitled to and has the immediate right to take the child. (b) is incorrect; they do not have a right to take the child. If Linh is unwilling to give up parentage, then they must apply to the court for a determination of parentage. Finally, (d) is incorrect because, (i) it is unclear what the surrogacy agreement lays out, so we have no basis to conclude Linh must instantly give up her claim to parentage upon giving birth (and besides, as noted above, the surrogacy agreement is unenforceable so there would be no requirements generated as a result of it in any case); and (ii), the CLRA does stipulate this, so this has no factual or legal basis.
Unattempted
Solution: The correct answer is (c). According to rule 10(9) of the Children’s Law Reform Act, a surrogacy agreement is unenforceable in law, but may be used as evidence of intention. Therefore, the agreement can still be useful to Tola and Anetta (i.e., if they apply to the court for a determination of parentage). (a) is incorrect, because once again, the surrogacy agreement is not enforceable, so it would be untrue to say just because they entered into the agreement, the couple is entitled to and has the immediate right to take the child. (b) is incorrect; they do not have a right to take the child. If Linh is unwilling to give up parentage, then they must apply to the court for a determination of parentage. Finally, (d) is incorrect because, (i) it is unclear what the surrogacy agreement lays out, so we have no basis to conclude Linh must instantly give up her claim to parentage upon giving birth (and besides, as noted above, the surrogacy agreement is unenforceable so there would be no requirements generated as a result of it in any case); and (ii), the CLRA does stipulate this, so this has no factual or legal basis.
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Question 53 of 80
53. Question
Category: Family Law53. Leung is a lawyer who works full-time at ABC LLP. This month, he decided to assist the Legal Help 4U Clinic (“LH4U”), a non-profit incorporated under the laws of Ontario, by providing legal advice to low-income clients. Prior to meeting his first client at LH4U, he fully explained to them the costs that they may need to incur for his services. After the meeting, he provides them a bill noting two charges: first, a $100.00 fee for disbursements (including travelling fees and printing costs); and second, a $200.00 fee for legal advice, with the two charges totaling $300.00. Which of the following is true regarding Leung’s involvement with LH4U?
Correct
Solution: The correct answer is (b). Note that since LH4U is a non-profit corporation incorporated under the laws of Ontario, it meets the definition of a civil society organization (“CSO”). According to rule 3.1-2 of the Rules of Professional Conduct, a lawyer may not collect fees directly or indirectly for services provided through the CSO. This is why (a) and (c) are incorrect. (b) is correct because lawyers may charge for disbursements – which in this case was $100.00. (d) is incorrect since lawyers shall not use trust accounts in connection with their dealings with CSO clients.
Incorrect
Solution: The correct answer is (b). Note that since LH4U is a non-profit corporation incorporated under the laws of Ontario, it meets the definition of a civil society organization (“CSO”). According to rule 3.1-2 of the Rules of Professional Conduct, a lawyer may not collect fees directly or indirectly for services provided through the CSO. This is why (a) and (c) are incorrect. (b) is correct because lawyers may charge for disbursements – which in this case was $100.00. (d) is incorrect since lawyers shall not use trust accounts in connection with their dealings with CSO clients.
Unattempted
Solution: The correct answer is (b). Note that since LH4U is a non-profit corporation incorporated under the laws of Ontario, it meets the definition of a civil society organization (“CSO”). According to rule 3.1-2 of the Rules of Professional Conduct, a lawyer may not collect fees directly or indirectly for services provided through the CSO. This is why (a) and (c) are incorrect. (b) is correct because lawyers may charge for disbursements – which in this case was $100.00. (d) is incorrect since lawyers shall not use trust accounts in connection with their dealings with CSO clients.
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Question 54 of 80
54. Question
Category: Family Law54. Kim and Andre have recently divorced. While together, they never had children. They attend a court hearing, where the judge determines that Andre is to be the support recipient. The judge has also determined that the Spousal Support Advisory Guidelines will apply. The judge is most likely to require Kim to provide Andre with an indefinite amount of support if which set of facts is true?
Correct
Solution: Given that the Spousal Support guidelines will apply here, the “without child” formula will be used given that Kim and Andre did not have children. Support will be indefinite if one of the following is true: i) Kim and Andre had been married for at least 20 years or (ii) the marriage lasted at least 5 years and when adding the length of the marriage to the age of the support recipient (Andre), it should add up to at least 65 years of age. The best answer is therefore (d). Since the length of the marriage (7) plus the age of the support recipient (60 years of age) add up to at least 65 (60 + 7 = 67), it is likely that the judge will require Kim to provide Andre with an indefinite amount of support. The rest are incorrect as they do not meet either of the conditions above. For (b), it is a weaker answer than (d). Andre’s age is not given so you would have to make an assumption that has no factual basis. For (c) – the key is the length of the marriage not the length of the relationship. Since the length of marriage is only 18 years (versus the minimum of 20 required to meet the condition), this would not qualify for indefinite support.
Incorrect
Solution: Given that the Spousal Support guidelines will apply here, the “without child” formula will be used given that Kim and Andre did not have children. Support will be indefinite if one of the following is true: i) Kim and Andre had been married for at least 20 years or (ii) the marriage lasted at least 5 years and when adding the length of the marriage to the age of the support recipient (Andre), it should add up to at least 65 years of age. The best answer is therefore (d). Since the length of the marriage (7) plus the age of the support recipient (60 years of age) add up to at least 65 (60 + 7 = 67), it is likely that the judge will require Kim to provide Andre with an indefinite amount of support. The rest are incorrect as they do not meet either of the conditions above. For (b), it is a weaker answer than (d). Andre’s age is not given so you would have to make an assumption that has no factual basis. For (c) – the key is the length of the marriage not the length of the relationship. Since the length of marriage is only 18 years (versus the minimum of 20 required to meet the condition), this would not qualify for indefinite support.
Unattempted
Solution: Given that the Spousal Support guidelines will apply here, the “without child” formula will be used given that Kim and Andre did not have children. Support will be indefinite if one of the following is true: i) Kim and Andre had been married for at least 20 years or (ii) the marriage lasted at least 5 years and when adding the length of the marriage to the age of the support recipient (Andre), it should add up to at least 65 years of age. The best answer is therefore (d). Since the length of the marriage (7) plus the age of the support recipient (60 years of age) add up to at least 65 (60 + 7 = 67), it is likely that the judge will require Kim to provide Andre with an indefinite amount of support. The rest are incorrect as they do not meet either of the conditions above. For (b), it is a weaker answer than (d). Andre’s age is not given so you would have to make an assumption that has no factual basis. For (c) – the key is the length of the marriage not the length of the relationship. Since the length of marriage is only 18 years (versus the minimum of 20 required to meet the condition), this would not qualify for indefinite support.
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Question 55 of 80
55. Question
Category: Family Law55. Don believes that a change of name was obtained for an improper purpose. Which court may Don apply to if he seeks to revoke the change?
Correct
Solution: According to section 10(1) of the Change of Name Act, a person who believes that a change of name was obtained by fraud, misrepresentation or for an improper purpose may apply to the Ontario Court of Justice for an order revoking the change of name. Therefore, (a) is the correct answer.
Incorrect
Solution: According to section 10(1) of the Change of Name Act, a person who believes that a change of name was obtained by fraud, misrepresentation or for an improper purpose may apply to the Ontario Court of Justice for an order revoking the change of name. Therefore, (a) is the correct answer.
Unattempted
Solution: According to section 10(1) of the Change of Name Act, a person who believes that a change of name was obtained by fraud, misrepresentation or for an improper purpose may apply to the Ontario Court of Justice for an order revoking the change of name. Therefore, (a) is the correct answer.
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Question 56 of 80
56. Question
Category: Family Law56. Anika, a lawyer, is representing her wealthy client in a bitter family law dispute. During the first meeting with the client, the client informs Anika that the other side is “financially troubled and is unlikely to be able to afford the services of a lawyer.” At the end of the meeting, the client instructs Anika to bring a motion for summary judgment, and a motion to compel further financial disclosure. Anika believes it is unlikely a summary judgment motion would be useful at this stage in the dispute, and knows the other side provided adequate financial disclosure. How should Anika proceed?
Correct
Solution: The correct answer is (c). According to rule 3.2-5 of the Rules of Professional Conduct, a lawyer is not permitted to begin or continue a proceeding motivated by malice on the part of the client and brought solely for the purpose of injuring another party. There is some evidence that this is the case here. First, this is a bitter family law dispute. Second, the client’s comments about the inability of the other side to afford the services of a lawyer may suggest the client wants to take advantage of their superiority in wealth. Furthermore, the lawyer believes it is unlikely a motion for summary judgment would help in this case. Therefore, advising the client of the risks of the motion would certainly be prudent. Additionally, the lawyer knows the other side provided adequate financial disclosure; bringing a further motion, therefore, to compel disclosure would be an abuse of the tribunal process and contrary to rule 3.2-5.
Answer choice (a) is incorrect because, once again, following the instructions would be an abuse of the tribunal process. (b) is an “okay” answer choice, but (c) is clearly better. If the lawyer knows a summary judgment motion is unlikely to proceed, then advising the client on the risks of it, before bringing it, would be the better option. (d) is a poor answer. The lawyer should not bring a motion to compel financial disclosure when the lawyer knows adequate disclosure has been provided.
Incorrect
Solution: The correct answer is (c). According to rule 3.2-5 of the Rules of Professional Conduct, a lawyer is not permitted to begin or continue a proceeding motivated by malice on the part of the client and brought solely for the purpose of injuring another party. There is some evidence that this is the case here. First, this is a bitter family law dispute. Second, the client’s comments about the inability of the other side to afford the services of a lawyer may suggest the client wants to take advantage of their superiority in wealth. Furthermore, the lawyer believes it is unlikely a motion for summary judgment would help in this case. Therefore, advising the client of the risks of the motion would certainly be prudent. Additionally, the lawyer knows the other side provided adequate financial disclosure; bringing a further motion, therefore, to compel disclosure would be an abuse of the tribunal process and contrary to rule 3.2-5.
Answer choice (a) is incorrect because, once again, following the instructions would be an abuse of the tribunal process. (b) is an “okay” answer choice, but (c) is clearly better. If the lawyer knows a summary judgment motion is unlikely to proceed, then advising the client on the risks of it, before bringing it, would be the better option. (d) is a poor answer. The lawyer should not bring a motion to compel financial disclosure when the lawyer knows adequate disclosure has been provided.
Unattempted
Solution: The correct answer is (c). According to rule 3.2-5 of the Rules of Professional Conduct, a lawyer is not permitted to begin or continue a proceeding motivated by malice on the part of the client and brought solely for the purpose of injuring another party. There is some evidence that this is the case here. First, this is a bitter family law dispute. Second, the client’s comments about the inability of the other side to afford the services of a lawyer may suggest the client wants to take advantage of their superiority in wealth. Furthermore, the lawyer believes it is unlikely a motion for summary judgment would help in this case. Therefore, advising the client of the risks of the motion would certainly be prudent. Additionally, the lawyer knows the other side provided adequate financial disclosure; bringing a further motion, therefore, to compel disclosure would be an abuse of the tribunal process and contrary to rule 3.2-5.
Answer choice (a) is incorrect because, once again, following the instructions would be an abuse of the tribunal process. (b) is an “okay” answer choice, but (c) is clearly better. If the lawyer knows a summary judgment motion is unlikely to proceed, then advising the client on the risks of it, before bringing it, would be the better option. (d) is a poor answer. The lawyer should not bring a motion to compel financial disclosure when the lawyer knows adequate disclosure has been provided.
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Question 57 of 80
57. Question
Category: Family Law57. Lawyers partaking in collaborative family law should act in which of the following ways?
Correct
Solution: In Collaborative Family Law (CFL), lawyers should ensure that they temper their clients’ expectations, especially when they are unreasonable. Therefore, the correct answer is (b). (a) is incorrect because CFL should not be adversarial, so this approach does not correctly describe how a lawyer should act; (c) is incorrect because while avoiding disagreement may be nice, it is not necessary. However, a lawyer in CFL should use any disagreements to help them solve problems for their clients; (d) is incorrect because a lawyer partaking in CFL is explicitly not permitted to represent their clients in court, should the case end up in court.
Incorrect
Solution: In Collaborative Family Law (CFL), lawyers should ensure that they temper their clients’ expectations, especially when they are unreasonable. Therefore, the correct answer is (b). (a) is incorrect because CFL should not be adversarial, so this approach does not correctly describe how a lawyer should act; (c) is incorrect because while avoiding disagreement may be nice, it is not necessary. However, a lawyer in CFL should use any disagreements to help them solve problems for their clients; (d) is incorrect because a lawyer partaking in CFL is explicitly not permitted to represent their clients in court, should the case end up in court.
Unattempted
Solution: In Collaborative Family Law (CFL), lawyers should ensure that they temper their clients’ expectations, especially when they are unreasonable. Therefore, the correct answer is (b). (a) is incorrect because CFL should not be adversarial, so this approach does not correctly describe how a lawyer should act; (c) is incorrect because while avoiding disagreement may be nice, it is not necessary. However, a lawyer in CFL should use any disagreements to help them solve problems for their clients; (d) is incorrect because a lawyer partaking in CFL is explicitly not permitted to represent their clients in court, should the case end up in court.
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Question 58 of 80
58. Question
Category: Family Law58. The Children’s Aid Society has commenced a protection application over Lonzo, a 12-year-old child. During court proceedings, the judge ordered that Lonzo’s father, Jay, to undergo an assessment under section 98 of the Child, Youth and Family Services Act, 2017. Jay refused to comply with the assessment. What will be the consequence of Jay’s actions?
Correct
Solution: The correct answer is (b). According to section 98(13) of the CYFSA, the court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under section 98.
Incorrect
Solution: The correct answer is (b). According to section 98(13) of the CYFSA, the court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under section 98.
Unattempted
Solution: The correct answer is (b). According to section 98(13) of the CYFSA, the court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under section 98.
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Question 59 of 80
59. Question
Category: Family Law59. In a family law proceeding involving two former spouses, Donghai and Fen, a judge calculates their net family property values to be $25,000 and $30,000 respectively. What will be the resulting equalization claim?
Correct
Solution: The correct answer is (d). To determine the required equalization payment, the difference between the two net family property values must be taken, and the resulting amount should be divided by two. Therefore, the difference is $30,000 – $25,000 = $5,000, which, when divided by 2, will equal $2,500. Since Fen has the higher net family property value, she will have to pay $2,500 to satisfy the equalization claim.
Incorrect
Solution: The correct answer is (d). To determine the required equalization payment, the difference between the two net family property values must be taken, and the resulting amount should be divided by two. Therefore, the difference is $30,000 – $25,000 = $5,000, which, when divided by 2, will equal $2,500. Since Fen has the higher net family property value, she will have to pay $2,500 to satisfy the equalization claim.
Unattempted
Solution: The correct answer is (d). To determine the required equalization payment, the difference between the two net family property values must be taken, and the resulting amount should be divided by two. Therefore, the difference is $30,000 – $25,000 = $5,000, which, when divided by 2, will equal $2,500. Since Fen has the higher net family property value, she will have to pay $2,500 to satisfy the equalization claim.
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Question 60 of 80
60. Question
Category: Family Law60. Jessie, a lawyer, is representing a client in a family law dispute. One day, she receives an email from Jackson, who is the lawyer representing the opposing party in the dispute. The subject of the email had the following text: “PRIVILEGED INFORMATION – Re: The Star File, XY155”. It appeared to Jessie that the email should have been sent to Jackson’s client, not her. How should Jessie proceed?
Correct
Solution: The correct answer is (c). Rule 7.2-10 of the Rules of Professional Conduct states that when a lawyer receives a document that the lawyer knows was inadvertently sent, they should promptly notify the sender. The commentary for this rule goes on to indicate that “document” includes an email; and that determining whether privilege has been lost is beyond the scope of this rule. Therefore, according to the Rules, all the lawyer has to do is notify the sender. Here, it was Jackson who sent the email – and hence all Jessie must do is immediately notify him. (c) is therefore the correct answer.
Incorrect
Solution: The correct answer is (c). Rule 7.2-10 of the Rules of Professional Conduct states that when a lawyer receives a document that the lawyer knows was inadvertently sent, they should promptly notify the sender. The commentary for this rule goes on to indicate that “document” includes an email; and that determining whether privilege has been lost is beyond the scope of this rule. Therefore, according to the Rules, all the lawyer has to do is notify the sender. Here, it was Jackson who sent the email – and hence all Jessie must do is immediately notify him. (c) is therefore the correct answer.
Unattempted
Solution: The correct answer is (c). Rule 7.2-10 of the Rules of Professional Conduct states that when a lawyer receives a document that the lawyer knows was inadvertently sent, they should promptly notify the sender. The commentary for this rule goes on to indicate that “document” includes an email; and that determining whether privilege has been lost is beyond the scope of this rule. Therefore, according to the Rules, all the lawyer has to do is notify the sender. Here, it was Jackson who sent the email – and hence all Jessie must do is immediately notify him. (c) is therefore the correct answer.
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Question 61 of 80
61. Question
Category: Family Law61. D.J. is in the process of divorcing his spouse, Bernadette. After discussing with his lawyer, he believes he will likely be awarded an equalization payment of $10,000 to $15,000. He believes this is quite unfair, given that Bernadette recently spent most of her money at the casino. Accordingly, he asks his lawyer to obtain an order for an unequal equalization. To do this, he must prove that the result of the normal equalization calculation will be which of the following?
Correct
Solution: The correct answer is (b). For D.J. to obtain an order for an unequal equalization, he must prove the normal calculation would lead to an unconscionable result. (see section 5(6) of the Family Law Act).
Incorrect
Solution: The correct answer is (b). For D.J. to obtain an order for an unequal equalization, he must prove the normal calculation would lead to an unconscionable result. (see section 5(6) of the Family Law Act).
Unattempted
Solution: The correct answer is (b). For D.J. to obtain an order for an unequal equalization, he must prove the normal calculation would lead to an unconscionable result. (see section 5(6) of the Family Law Act).
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Question 62 of 80
62. Question
Category: Family Law62. At the end of a family law trial, the Superior Court of Justice issues a temporary order, requiring the respondent to pay the applicant $40,000, inclusive of costs and interest. The respondent would like to appeal the decision. How should the respondent proceed?
Correct
Solution: The correct answer choice is (d). Since the amount is less than $50,000 and is a temporary order, the appeal must be made in the Divisional Court, but leave must first be obtained. See section 19 (1)(b) of the Courts of Justice Act.
Incorrect
Solution: The correct answer choice is (d). Since the amount is less than $50,000 and is a temporary order, the appeal must be made in the Divisional Court, but leave must first be obtained. See section 19 (1)(b) of the Courts of Justice Act.
Unattempted
Solution: The correct answer choice is (d). Since the amount is less than $50,000 and is a temporary order, the appeal must be made in the Divisional Court, but leave must first be obtained. See section 19 (1)(b) of the Courts of Justice Act.
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Question 63 of 80
63. Question
Category: Family Law63. Case Set: Sade meets with a lawyer, Alejandra, to seek her assistance with a family law dispute. At the meeting, Sade tells Alejandra that he would like to divorce his spouse, Lillian. He explains that the couple got into a heated argument on May 1, 2020. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2020. On September 1, 2020, after yet another heated argument, Sade moved back into his friend’s apartment. It is now September 10, 2021, and Sade tells Alejandra that he has had enough and would like to permanently end his marriage. The couple have two children, one year-old twins Ronny and Melo.
What should Alejandra do during her introductory meeting with Sade?
Correct
Solution: During the initial consultation, Alejandra should discuss the various dispute resolution mechanisms available to Sade, including negotiation and mediation. Therefore, the correct answer is (b). (a) is incorrect; it would be inappropriate for Alejandra to seek Sade’s consent to contact Lillian at this stage. Instead, Alejandra needs to evaluate if she will even be retained by Sade, and hence contacting the “other side” at this point is far too premature. (c) is a weak answer; while bringing children into a meeting where a client is seeking divorce is not advisable, a lawyer cannot “restrict” a prospective client from doing so. Besides, note that Ronny and Melo are merely 1 year-old babies and would not understand what is happening. (d) is also incorrect since it is very premature to file an application when, once again, Alejandra does not yet know whether she will be retained by Sade.
Incorrect
Solution: During the initial consultation, Alejandra should discuss the various dispute resolution mechanisms available to Sade, including negotiation and mediation. Therefore, the correct answer is (b). (a) is incorrect; it would be inappropriate for Alejandra to seek Sade’s consent to contact Lillian at this stage. Instead, Alejandra needs to evaluate if she will even be retained by Sade, and hence contacting the “other side” at this point is far too premature. (c) is a weak answer; while bringing children into a meeting where a client is seeking divorce is not advisable, a lawyer cannot “restrict” a prospective client from doing so. Besides, note that Ronny and Melo are merely 1 year-old babies and would not understand what is happening. (d) is also incorrect since it is very premature to file an application when, once again, Alejandra does not yet know whether she will be retained by Sade.
Unattempted
Solution: During the initial consultation, Alejandra should discuss the various dispute resolution mechanisms available to Sade, including negotiation and mediation. Therefore, the correct answer is (b). (a) is incorrect; it would be inappropriate for Alejandra to seek Sade’s consent to contact Lillian at this stage. Instead, Alejandra needs to evaluate if she will even be retained by Sade, and hence contacting the “other side” at this point is far too premature. (c) is a weak answer; while bringing children into a meeting where a client is seeking divorce is not advisable, a lawyer cannot “restrict” a prospective client from doing so. Besides, note that Ronny and Melo are merely 1 year-old babies and would not understand what is happening. (d) is also incorrect since it is very premature to file an application when, once again, Alejandra does not yet know whether she will be retained by Sade.
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Question 64 of 80
64. Question
Category: Family Law64. Case Set: Sade meets with a lawyer, Alejandra, to seek her assistance with a family law dispute. At the meeting, Sade tells Alejandra that he would like to divorce his spouse, Lillian. He explains that the couple got into a heated argument on May 1, 2020. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2020. On September 1, 2020, after yet another heated argument, Sade moved back into his friend’s apartment. It is now September 10, 2021, and Sade tells Alejandra that he has had enough and would like to permanently end his marriage. The couple have two children, one year-old twins Ronny and Melo.
One week after the meeting, Sade agrees to retain Alejandra, who is likewise happy to represent Sade. How should Alejandra proceed next?
Correct
Solution: The best answer is (b). Lawyers should conduct a conflict check before formally accepting the retainer. Therefore, (b) should be what Alejandra does next, and prior to requesting a money retainer (hence why (c) is incorrect). Note that (a) is far too premature for Alejandra to do; also, filing a divorce application at this stage is still far too premature, which is why (d) is incorrect.
Incorrect
Solution: The best answer is (b). Lawyers should conduct a conflict check before formally accepting the retainer. Therefore, (b) should be what Alejandra does next, and prior to requesting a money retainer (hence why (c) is incorrect). Note that (a) is far too premature for Alejandra to do; also, filing a divorce application at this stage is still far too premature, which is why (d) is incorrect.
Unattempted
Solution: The best answer is (b). Lawyers should conduct a conflict check before formally accepting the retainer. Therefore, (b) should be what Alejandra does next, and prior to requesting a money retainer (hence why (c) is incorrect). Note that (a) is far too premature for Alejandra to do; also, filing a divorce application at this stage is still far too premature, which is why (d) is incorrect.
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Question 65 of 80
65. Question
Category: Family Law65. Case Set: Sade meets with a lawyer, Alejandra, to seek her assistance with a family law dispute. At the meeting, Sade tells Alejandra that he would like to divorce his spouse, Lillian. He explains that the couple got into a heated argument on May 1, 2020. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2020. On September 1, 2020, after yet another heated argument, Sade moved back into his friend’s apartment. It is now September 10, 2021, and Sade tells Alejandra that he has had enough and would like to permanently end his marriage. The couple have two children, one year-old twins Ronny and Melo.
In preparing the divorce application, what date should Alejandra put under the date of separation?
Correct
Solution: There is only one permissible ground for divorce in Canada – which is a breakdown of the marriage (Section 8(1) of the Divorce Act). Such a breakdown has occurred here, given that they seem to have lived separate and apart for more than a year. Therefore, a divorce application can be filed.
According to section 8(3)(b)(ii) of the Divorce Act, if a couple reconciles for 90 days or more, before separating again, the date of separation in the divorce application is the second date. However, in this case, Sade and Lillian only reconciled for about 65 days – from June 25, 2020 to September 1, 2020. Therefore, the date of separation should still be the first date they separated – which is May 1, 2020; (a) is hence the correct answer.
Incorrect
Solution: There is only one permissible ground for divorce in Canada – which is a breakdown of the marriage (Section 8(1) of the Divorce Act). Such a breakdown has occurred here, given that they seem to have lived separate and apart for more than a year. Therefore, a divorce application can be filed.
According to section 8(3)(b)(ii) of the Divorce Act, if a couple reconciles for 90 days or more, before separating again, the date of separation in the divorce application is the second date. However, in this case, Sade and Lillian only reconciled for about 65 days – from June 25, 2020 to September 1, 2020. Therefore, the date of separation should still be the first date they separated – which is May 1, 2020; (a) is hence the correct answer.
Unattempted
Solution: There is only one permissible ground for divorce in Canada – which is a breakdown of the marriage (Section 8(1) of the Divorce Act). Such a breakdown has occurred here, given that they seem to have lived separate and apart for more than a year. Therefore, a divorce application can be filed.
According to section 8(3)(b)(ii) of the Divorce Act, if a couple reconciles for 90 days or more, before separating again, the date of separation in the divorce application is the second date. However, in this case, Sade and Lillian only reconciled for about 65 days – from June 25, 2020 to September 1, 2020. Therefore, the date of separation should still be the first date they separated – which is May 1, 2020; (a) is hence the correct answer.
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Question 66 of 80
66. Question
Category: Public Law66. Ashvaghosha was recently called to the Ontario bar. In early 2022, he began working for ABC LLP, a large law firm in Toronto, Ontario. During an introductory meeting with a senior lawyer, Boris, he was asked how to pronounce his name. Boris found Ashvaghosha’s name difficult to pronounce and noted: “Your name is a mouthful. Do you have a nickname I can call you by?” Which of the following best describes why Boris’ actions were problematic?
Correct
Solution: The correct answer is (c). By noting that Ashvaghosha’s name was a mouthful and asking for a nickname, his comments were microaggressions. Microaggressions are negative slights often made against historically marginalized groups, reinforcing the fact that they are an outsider. Note that (a) is incorrect because it was perfectly fine for Boris to ask Ashvaghosha how to pronounce his name. There is nothing wrong with that; in fact, it can be said that is a microaffirmation, which is not a problem. (c) is incorrect because, as described above, his comments were microaggressions not microaffirmations (which are the opposite of microaggressions). (d) is also incorrect; microaggressions are microaggressions regardless of intent.
Incorrect
Solution: The correct answer is (c). By noting that Ashvaghosha’s name was a mouthful and asking for a nickname, his comments were microaggressions. Microaggressions are negative slights often made against historically marginalized groups, reinforcing the fact that they are an outsider. Note that (a) is incorrect because it was perfectly fine for Boris to ask Ashvaghosha how to pronounce his name. There is nothing wrong with that; in fact, it can be said that is a microaffirmation, which is not a problem. (c) is incorrect because, as described above, his comments were microaggressions not microaffirmations (which are the opposite of microaggressions). (d) is also incorrect; microaggressions are microaggressions regardless of intent.
Unattempted
Solution: The correct answer is (c). By noting that Ashvaghosha’s name was a mouthful and asking for a nickname, his comments were microaggressions. Microaggressions are negative slights often made against historically marginalized groups, reinforcing the fact that they are an outsider. Note that (a) is incorrect because it was perfectly fine for Boris to ask Ashvaghosha how to pronounce his name. There is nothing wrong with that; in fact, it can be said that is a microaffirmation, which is not a problem. (c) is incorrect because, as described above, his comments were microaggressions not microaffirmations (which are the opposite of microaggressions). (d) is also incorrect; microaggressions are microaggressions regardless of intent.
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Question 67 of 80
67. Question
Category: Public Law67. Which source of law gives the public the right to access records held by federal government institutions?
Correct
Solution: Section 4(1) of the federal Access to Information Act gives the public the right to access records held by federal government institutions. (c) is therefore the correct answer.
Incorrect
Solution: Section 4(1) of the federal Access to Information Act gives the public the right to access records held by federal government institutions. (c) is therefore the correct answer.
Unattempted
Solution: Section 4(1) of the federal Access to Information Act gives the public the right to access records held by federal government institutions. (c) is therefore the correct answer.
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Question 68 of 80
68. Question
Category: Public Law68. What must be recorded in the general disbursements journal that does not need to be recorded in the general receipts journal?
Correct
Solution: Sections 18(5) and 18(6) of By-Law 9 provide the information that needs to be recorded in the general receipts and general disbursements journals, respectively. Both journals require keeping track of the date, method of payment, and the amount of money involved (among other information). However, only the general disbursements journal requires keeping track of the number of the document used to make the payment (i.e. cheque number). Therefore, (d) is correct.
Incorrect
Solution: Sections 18(5) and 18(6) of By-Law 9 provide the information that needs to be recorded in the general receipts and general disbursements journals, respectively. Both journals require keeping track of the date, method of payment, and the amount of money involved (among other information). However, only the general disbursements journal requires keeping track of the number of the document used to make the payment (i.e. cheque number). Therefore, (d) is correct.
Unattempted
Solution: Sections 18(5) and 18(6) of By-Law 9 provide the information that needs to be recorded in the general receipts and general disbursements journals, respectively. Both journals require keeping track of the date, method of payment, and the amount of money involved (among other information). However, only the general disbursements journal requires keeping track of the number of the document used to make the payment (i.e. cheque number). Therefore, (d) is correct.
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Question 69 of 80
69. Question
Category: Public Law69. In making a claim pursuant to the Canadian Charter of Rights and Freedoms (the “Charter”) against a local police force, Rory would like to use a sociologist, psychologist, an anthropologist, and a statistician as expert witnesses. What must Rory keep in mind?
Correct
Solution: According to Section 12 of the Evidence Act, leave is required when a party would like to use more than three experts in a constitutional case, such as those involving a Charter claim. Given that Rory seeks to use four experts here, leave would be required. The correct answer choice is (a).
Incorrect
Solution: According to Section 12 of the Evidence Act, leave is required when a party would like to use more than three experts in a constitutional case, such as those involving a Charter claim. Given that Rory seeks to use four experts here, leave would be required. The correct answer choice is (a).
Unattempted
Solution: According to Section 12 of the Evidence Act, leave is required when a party would like to use more than three experts in a constitutional case, such as those involving a Charter claim. Given that Rory seeks to use four experts here, leave would be required. The correct answer choice is (a).
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Question 70 of 80
70. Question
Category: Public Law70. Lakisha, a lawyer, represented her client, a teacher, before the Human Rights Tribunal of Ontario. Her client alleged that she was terminated by her employer on discriminatory grounds. The Tribunal ultimately ruled in favour of her client; and the teacher’s school board was ordered to re-hire the teacher, and pay her $200,000 in damages. Lakisha had entered into a contingency fee arrangement with her client, whereby Lakisha was to obtain 25% of any award granted to the client. The arrangement was agreed upon between the parties. The court did not approve of the fee. Which of the following is true?
Correct
Solution: The correct answer is (b). According to rule 3.6-2.1(2)(b)(iv), which was newly incorporated into the Rules of Professional Conduct in February 2022, the contingency fee bill rendered to the client must clearly state the client has the right to apply to the Superior Court of Justice for an assessment in accordance with section 28.1 o the Solicitors Act 1990 and specify the latest date for doing so. Note that (a) is incorrect – rule 3.6-2 only states that lawyers may not use a contingency fee arrangement in family law, criminal or quasi-criminal matters; a public law matters such as this one is fair game. (d) is also incorrect; contingency fees have no maximum (though note that referral fees in rule 3.6.6-1 do have a maximum of $25,000).
Incorrect
Solution: The correct answer is (b). According to rule 3.6-2.1(2)(b)(iv), which was newly incorporated into the Rules of Professional Conduct in February 2022, the contingency fee bill rendered to the client must clearly state the client has the right to apply to the Superior Court of Justice for an assessment in accordance with section 28.1 o the Solicitors Act 1990 and specify the latest date for doing so. Note that (a) is incorrect – rule 3.6-2 only states that lawyers may not use a contingency fee arrangement in family law, criminal or quasi-criminal matters; a public law matters such as this one is fair game. (d) is also incorrect; contingency fees have no maximum (though note that referral fees in rule 3.6.6-1 do have a maximum of $25,000).
Unattempted
Solution: The correct answer is (b). According to rule 3.6-2.1(2)(b)(iv), which was newly incorporated into the Rules of Professional Conduct in February 2022, the contingency fee bill rendered to the client must clearly state the client has the right to apply to the Superior Court of Justice for an assessment in accordance with section 28.1 o the Solicitors Act 1990 and specify the latest date for doing so. Note that (a) is incorrect – rule 3.6-2 only states that lawyers may not use a contingency fee arrangement in family law, criminal or quasi-criminal matters; a public law matters such as this one is fair game. (d) is also incorrect; contingency fees have no maximum (though note that referral fees in rule 3.6.6-1 do have a maximum of $25,000).
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Question 71 of 80
71. Question
Category: Public Law71. Cody would like to appeal the decision of the Ontario License Appeal Tribunal (the “Tribunal”), which rejected his registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002. The Tribunal’s governing statute notes that the Statutory Powers Procedure Act will apply. Which of the following is true regarding this appeal?
Correct
Solution: The correct answer is (a). As noted by section 25 of the SPPA, appealing a decision of a Tribunal will result in a stay of the Tribunal’s order. (b), (c) and (d) are contrary to the SPPA.
Incorrect
Solution: The correct answer is (a). As noted by section 25 of the SPPA, appealing a decision of a Tribunal will result in a stay of the Tribunal’s order. (b), (c) and (d) are contrary to the SPPA.
Unattempted
Solution: The correct answer is (a). As noted by section 25 of the SPPA, appealing a decision of a Tribunal will result in a stay of the Tribunal’s order. (b), (c) and (d) are contrary to the SPPA.
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Question 72 of 80
72. Question
Category: Public Law72. After an affected party is informed of the decision of a tribunal, it would like to submit an application for judicial review to the Federal Court. How many days does the affected party have to submit this application?
Correct
Solution: According to Section 18.1(2) of the Federal Courts Act, an application for judicial review must be made by the affected party within 30 days.
Incorrect
Solution: According to Section 18.1(2) of the Federal Courts Act, an application for judicial review must be made by the affected party within 30 days.
Unattempted
Solution: According to Section 18.1(2) of the Federal Courts Act, an application for judicial review must be made by the affected party within 30 days.
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Question 73 of 80
73. Question
Category: Public Law73. Following the Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, which of the following is true regarding the standard of review that applies to an administrative body’s decision?
Correct
Solution: According to Vavilov, there is now a presumption that the appropriate standard of review is reasonableness. Therefore, (b) is the correct answer. Vavilov explicitly notes that conducting a contextual analysis to determine the standard of review is inappropriate, which is why (a) is incorrect. (c) is wrong since it is reasonableness, not correctness. (d) is incorrect because Vavilov notes that neither reasonableness nor correctness should be used to determine matters pertaining to procedural fairness; instead, the Baker factors should be used.
Incorrect
Solution: According to Vavilov, there is now a presumption that the appropriate standard of review is reasonableness. Therefore, (b) is the correct answer. Vavilov explicitly notes that conducting a contextual analysis to determine the standard of review is inappropriate, which is why (a) is incorrect. (c) is wrong since it is reasonableness, not correctness. (d) is incorrect because Vavilov notes that neither reasonableness nor correctness should be used to determine matters pertaining to procedural fairness; instead, the Baker factors should be used.
Unattempted
Solution: According to Vavilov, there is now a presumption that the appropriate standard of review is reasonableness. Therefore, (b) is the correct answer. Vavilov explicitly notes that conducting a contextual analysis to determine the standard of review is inappropriate, which is why (a) is incorrect. (c) is wrong since it is reasonableness, not correctness. (d) is incorrect because Vavilov notes that neither reasonableness nor correctness should be used to determine matters pertaining to procedural fairness; instead, the Baker factors should be used.
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Question 74 of 80
74. Question
Category: Public Law74. Section 35 of the Constitution Act, 1982 protects the existing aboriginal and treaty rights of aboriginal peoples of Canada. What is true regarding this section?
Correct
Solution: The correct answer is (d). The rights protected under section 35 can be asserted by aboriginal peoples against a private body, not just the government. (a) is incorrect because these rights may not be overridden by section 33 of the Charter. (b) is incorrect as section 35 rights cannot be limited by section 1 of the Charter. Finally, (c) is incorrect: Charter rights include fundamental freedoms (s. 2), Democratic Rights (ss. 3-5), Mobility Rights (s. 6), Legal Rights (ss. 7-14), Equality Rights (s. 15), Language Rights (s. 16-22) and Minority language education rights (s. 23). Sections 25 -34 of the Charter provide detail on how it works and to whom it applies to. Section 35 is outside of the Charter.
Incorrect
Solution: The correct answer is (d). The rights protected under section 35 can be asserted by aboriginal peoples against a private body, not just the government. (a) is incorrect because these rights may not be overridden by section 33 of the Charter. (b) is incorrect as section 35 rights cannot be limited by section 1 of the Charter. Finally, (c) is incorrect: Charter rights include fundamental freedoms (s. 2), Democratic Rights (ss. 3-5), Mobility Rights (s. 6), Legal Rights (ss. 7-14), Equality Rights (s. 15), Language Rights (s. 16-22) and Minority language education rights (s. 23). Sections 25 -34 of the Charter provide detail on how it works and to whom it applies to. Section 35 is outside of the Charter.
Unattempted
Solution: The correct answer is (d). The rights protected under section 35 can be asserted by aboriginal peoples against a private body, not just the government. (a) is incorrect because these rights may not be overridden by section 33 of the Charter. (b) is incorrect as section 35 rights cannot be limited by section 1 of the Charter. Finally, (c) is incorrect: Charter rights include fundamental freedoms (s. 2), Democratic Rights (ss. 3-5), Mobility Rights (s. 6), Legal Rights (ss. 7-14), Equality Rights (s. 15), Language Rights (s. 16-22) and Minority language education rights (s. 23). Sections 25 -34 of the Charter provide detail on how it works and to whom it applies to. Section 35 is outside of the Charter.
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Question 75 of 80
75. Question
Category: Public Law75. Benedikt brought a claim against the federal government, pursuant to the Crown Liability and Proceedings Act. Years after bringing forward the claim, his lawyer, Nuni, realizes that the relevant limitation period had expired. Therefore, the case should not have been allowed to proceed. What should Nuni do next to abide by his professional obligations?
Correct
Solution: According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not supress what ought to be disclosed. In particular, a lawyer may not deliberately avoid informing a tribunal of any binding authority that is relevant to the issue at hand. Here, the limitation period is relevant, and hence must be disclosed. Therefore, the best answer is (b). (a) is incorrect; Nuni does not need to assist the Crown with establishing a defence. (c) also fails to mention that Nuni should inform the Crown/parties about the limitation period. (d) is contrary to rule 5.1-2.
Incorrect
Solution: According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not supress what ought to be disclosed. In particular, a lawyer may not deliberately avoid informing a tribunal of any binding authority that is relevant to the issue at hand. Here, the limitation period is relevant, and hence must be disclosed. Therefore, the best answer is (b). (a) is incorrect; Nuni does not need to assist the Crown with establishing a defence. (c) also fails to mention that Nuni should inform the Crown/parties about the limitation period. (d) is contrary to rule 5.1-2.
Unattempted
Solution: According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not supress what ought to be disclosed. In particular, a lawyer may not deliberately avoid informing a tribunal of any binding authority that is relevant to the issue at hand. Here, the limitation period is relevant, and hence must be disclosed. Therefore, the best answer is (b). (a) is incorrect; Nuni does not need to assist the Crown with establishing a defence. (c) also fails to mention that Nuni should inform the Crown/parties about the limitation period. (d) is contrary to rule 5.1-2.
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Question 76 of 80
76. Question
Category: Public Law76. Busaba is considering filing a judicial review application of a decision rendered by the Canadian Cultural Property Export Review Board, which is a federal tribunal that determines whether cultural property is of national importance. She consults with her lawyer, Santiago, for advice. How should Santiago proceed?
Correct
Solution: The best answer is (a). The fact stem notes that Busaba is merely considering filing a judicial review application. Therefore, the most appropriate way for Santiago to proceed at this point is to provide her with options and proceeding accordingly. (c) – (d) are all too premature at this point given that, once again, Busaba is still considering her options.
Incorrect
Solution: The best answer is (a). The fact stem notes that Busaba is merely considering filing a judicial review application. Therefore, the most appropriate way for Santiago to proceed at this point is to provide her with options and proceeding accordingly. (c) – (d) are all too premature at this point given that, once again, Busaba is still considering her options.
Unattempted
Solution: The best answer is (a). The fact stem notes that Busaba is merely considering filing a judicial review application. Therefore, the most appropriate way for Santiago to proceed at this point is to provide her with options and proceeding accordingly. (c) – (d) are all too premature at this point given that, once again, Busaba is still considering her options.
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Question 77 of 80
77. Question
Category: Public Law77. The Canadian Charter of Rights and Freedoms will likely apply to which of the following actions?
Correct
Solution: The best answer is (c). As noted in Eldridge v British Columbia, where a private actor is implementing a government program or initiative, it will likely be considered “government action” and subject to section 32 of the Charter. Here, CPA Ontario has been explicitly established to execute the government initiative of regulating professional accountants. Therefore, it will likely be subject to the Charter. Note that this answer choice reflects the decision of a recent case, see Chartered Professional Accountants of Ontario v Gujral, 2019 ONCJ 859, 2020 ONCJ 307 (a) is incorrect because this is a private actor, and there is no evidence in the answer choice that they have been forced or mandated to do this by the government. (b) is incorrect because it has been established that the Charter does not apply to universities or hospitals that incorporate mandatory retirement practices. Finally, (d) is incorrect because, although it is funded by the Ontario government, there is no evidence that the university – a private body – is implementing a government program or initiative.
Incorrect
Solution: The best answer is (c). As noted in Eldridge v British Columbia, where a private actor is implementing a government program or initiative, it will likely be considered “government action” and subject to section 32 of the Charter. Here, CPA Ontario has been explicitly established to execute the government initiative of regulating professional accountants. Therefore, it will likely be subject to the Charter. Note that this answer choice reflects the decision of a recent case, see Chartered Professional Accountants of Ontario v Gujral, 2020 ONCJ 307. (a) is incorrect because this is a private actor, and there is no evidence in the answer choice that they have been forced or mandated to do this by the government. (b) is incorrect because it has been established that the Charter does not apply to universities or hospitals that incorporate mandatory retirement practices. Finally, (d) is incorrect because, although it is funded by the Ontario government, there is no evidence that the university – a private body – is implementing a government program or initiative.
Unattempted
Solution: The best answer is (c). As noted in Eldridge v British Columbia, where a private actor is implementing a government program or initiative, it will likely be considered “government action” and subject to section 32 of the Charter. Here, CPA Ontario has been explicitly established to execute the government initiative of regulating professional accountants. Therefore, it will likely be subject to the Charter. Note that this answer choice reflects the decision of a recent case, see Chartered Professional Accountants of Ontario v Gujral, 2020 ONCJ 307. (a) is incorrect because this is a private actor, and there is no evidence in the answer choice that they have been forced or mandated to do this by the government. (b) is incorrect because it has been established that the Charter does not apply to universities or hospitals that incorporate mandatory retirement practices. Finally, (d) is incorrect because, although it is funded by the Ontario government, there is no evidence that the university – a private body – is implementing a government program or initiative.
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Question 78 of 80
78. Question
Category: Public Law78. Case Set: Bill has been a lifelong resident of Hamilton, Ontario. His friends call him “Mr. Hamilton”, given his relentless support for the city, which he believes is the most beautiful in the world. Bill has been particularly fond about Hamilton’s efficient and organized roads, hard-working residents and its vast bodies of water, including the Hamilton Harbour, all of which provide for excellent swimming opportunities in the summer. In November 2022, the city of Hamilton announced that a leak in its sewage system, which went undetected for 26 years, had cumulatively dumped over 300 million liters of waste into the Hamilton Harbour. In January 2023, the city of Hamilton further discovered a separate leak that had dumped an additional 60 million litres of sewage into the Hamilton Harbour. Bill was disheartened to hear the news. He had been swimming in the Hamilton Harbour for decades and wondered where he would swim moving forward. He wanted to learn more about the situation, and called a local law firm, ABC LLP, for more information.
Bill has an initial meeting with Dayna, a lawyer at ABC LLP. At the meeting, he asks Dayna whether he would be permitted to access certain records of Hamilton’s city council over the last few years. In the weeks after, Bill and Dayna meet several times and exchange emails to discuss the matter. Dayna also produced a short memorandum, where she outlines his rights pertaining to accessing city council records. Dayna did not ask Bill to sign a retainer agreement at any point. Dayna also did not ask Bill for a money retainer. Is Bill a client of ABC LLP?
Correct
Solution: The correct answer is (d). The provinces may impose punishment to enforce their laws, including fines and terms of imprisonments, through section 92(15) of the Constitution Act, 1867. (a) is incorrect as this is the federal criminal law power. (b) – health, and (c) – criminal justice, while both provincial powers, are not the powers used by the provinces to impose punishment.
Incorrect
Solution: The correct answer is (d). The provinces may impose punishment to enforce their laws, including fines and terms of imprisonments, through section 92(15) of the Constitution Act, 1867. (a) is incorrect as this is the federal criminal law power. (b) – health, and (c) – criminal justice, while both provincial powers, are not the powers used by the provinces to impose punishment.
Unattempted
Solution: The correct answer is (d). The provinces may impose punishment to enforce their laws, including fines and terms of imprisonments, through section 92(15) of the Constitution Act, 1867. (a) is incorrect as this is the federal criminal law power. (b) – health, and (c) – criminal justice, while both provincial powers, are not the powers used by the provinces to impose punishment.
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Question 79 of 80
79. Question
Category: Public Law79. Case Set: Bill has been a lifelong resident of Hamilton, Ontario. His friends call him “Mr. Hamilton”, given his relentless support for the city, which he believes is the most beautiful in the world. Bill has been particularly fond about Hamilton’s efficient and organized roads, hard-working residents and its vast bodies of water, including the Hamilton Harbour, all of which provide for excellent swimming opportunities in the summer. In November 2022, the city of Hamilton announced that a leak in its sewage system, which went undetected for 26 years, had cumulatively dumped over 300 million liters of waste into the Hamilton Harbour. In January 2023, the city of Hamilton further discovered a separate leak that had dumped an additional 60 million litres of sewage into the Hamilton Harbour. Bill was disheartened to hear the news. He had been swimming in the Hamilton Harbour for decades and wondered where he would swim moving forward. He wanted to learn more about the situation, and called a local law firm, ABC LLP, for more information.
The Regional Municipality of Hamilton–Wentworth is considering passing legislation to prevent sewage leaks in the future, but is unsure whether it falls within its jurisdiction. Which division of power provides that provinces have exclusive jurisdiction over municipalities, and that municipalities may only exercise powers given to them by provincial law?
Correct
Solution: The correct answer is (c). 92(8) – Municipal Institutions in the Province, gives provinces exclusive jurisdiction over municipalities; municipalities only have powers that are given to them by provincial law.
Incorrect
Solution: The correct answer is (c). 92(8) – Municipal Institutions in the Province, gives provinces exclusive jurisdiction over municipalities; municipalities only have powers that are given to them by provincial law.
Unattempted
Solution: The correct answer is (c). 92(8) – Municipal Institutions in the Province, gives provinces exclusive jurisdiction over municipalities; municipalities only have powers that are given to them by provincial law.
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Question 80 of 80
80. Question
Category: Public Law80. Case Set: Bill has been a lifelong resident of Hamilton, Ontario. His friends call him “Mr. Hamilton”, given his relentless support for the city, which he believes is the most beautiful in the world. Bill has been particularly fond about Hamilton’s efficient and organized roads, hard-working residents and its vast bodies of water, including the Hamilton Harbour, all of which provide for excellent swimming opportunities in the summer. In November 2022, the city of Hamilton announced that a leak in its sewage system, which went undetected for 26 years, had cumulatively dumped over 300 million liters of waste into the Hamilton Harbour. In January 2023, the city of Hamilton further discovered a separate leak that had dumped an additional 60 million litres of sewage into the Hamilton Harbour. Bill was disheartened to hear the news. He had been swimming in the Hamilton Harbour for decades and wondered where he would swim moving forward. He wanted to learn more about the situation, and called a local law firm, ABC LLP, for more information..
Bill ultimately retains ABC LLP, and asks them to reach out to the city of Hamilton’s solicitor to obtain records of city council meetings related to the leaks. The solicitor for the city notes that he has the right to refuse, and as a result, will refuse to disclose such records, given that a statute authorizes holding those meetings in the absence of public. Bill would like to appeal the decision of the solicitor. Which of the following is true?
Correct
Solution: In this case, the solicitor has made it clear that he or she has the right to refuse to disclose meeting records. This is an example of a discretionary exemption. This is different from an exclusion, where the records in question may be considered outside the jurisdiction of the statute. Therefore, only (b) and (d) – which refer to the records being denied due to an exemption, can be correct. Furthermore, the burden of proof for an exemption (as with an exclusion) lies with the municipality (see MFIPPA, s. 42). Therefore, the correct answer is (d).
Incorrect
Solution: In this case, the solicitor has made it clear that he or she has the right to refuse to disclose meeting records. This is an example of a discretionary exemption. This is different from an exclusion, where the records in question may be considered outside the jurisdiction of the statute. Therefore, only (b) and (d) – which refer to the records being denied due to an exemption, can be correct. Furthermore, the burden of proof for an exemption (as with an exclusion) lies with the municipality (see MFIPPA, s. 42). Therefore, the correct answer is (d).
Unattempted
Solution: In this case, the solicitor has made it clear that he or she has the right to refuse to disclose meeting records. This is an example of a discretionary exemption. This is different from an exclusion, where the records in question may be considered outside the jurisdiction of the statute. Therefore, only (b) and (d) – which refer to the records being denied due to an exemption, can be correct. Furthermore, the burden of proof for an exemption (as with an exclusion) lies with the municipality (see MFIPPA, s. 42). Therefore, the correct answer is (d).