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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:
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Public Law:
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Question 1 of 80
1. Question
Category: Civil Litigation1. Ignasius, a lawyer, has been advising ABC Corporation for several years. ABC Corporation makes and distributes mint chocolate bars throughout Ontario. Maria, a director at ABC Corporation who is authorized to provide instructions to Ignasius on behalf of ABC Corporation, discovered that while ABC Corporation advertises its chocolate bars weigh 100 grams, they are actually 99.90 grams. According to Maria, ABC Corporation found this discrepancy one month ago but has yet to correct the disclosure. What is the best way for Ignasius to proceed?
Correct
Solution: The best answer is (d). According to Rule 3.2-8 of the Rules of Professional Conduct, a lawyer who is retained by an organization to act in a matter in which the lawyer knows that the organization has acted dishonestly, fraudulently, criminally or illegally, shall report the matter “up the ladder” of responsibility within the organization until it is dealt with appropriately. Commentary [3] adds that such conduct includes acts of omission, and that conduct likely to result in substantial harm to the organization, as opposed to genuinely trivial misconduct by an organization, invokes this rule. In this case, ABC Corporation’s has incorrectly advertised its chocolate bar as being 0.10 grams heavier than it actually is. It is improbable that this would be conduct “likely to result in substantial harm to the organization”. Given this, withdrawing for such a minor error, or threatening to withdraw, as with choices (a), (b) and (c), defy the true intent of this rule. On the other hand, (d) would be the most logical way to proceed – asking Maria for more information (i.e., why they have yet to correct the disclosure or if they are taking any steps to do so) would make more sense, and is therefore the best answer.
Incorrect
Solution: The best answer is (d). According to Rule 3.2-8 of the Rules of Professional Conduct, a lawyer who is retained by an organization to act in a matter in which the lawyer knows that the organization has acted dishonestly, fraudulently, criminally or illegally, shall report the matter “up the ladder” of responsibility within the organization until it is dealt with appropriately. Commentary [3] adds that such conduct includes acts of omission, and that conduct likely to result in substantial harm to the organization, as opposed to genuinely trivial misconduct by an organization, invokes this rule. In this case, ABC Corporation’s has incorrectly advertised its chocolate bar as being 0.10 grams heavier than it actually is. It is improbable that this would be conduct “likely to result in substantial harm to the organization”. Given this, withdrawing for such a minor error, or threatening to withdraw, as with choices (a), (b) and (c), defy the true intent of this rule. On the other hand, (d) would be the most logical way to proceed – asking Maria for more information (i.e., why they have yet to correct the disclosure or if they are taking any steps to do so) would make more sense, and is therefore the best answer.
Unattempted
Solution: The best answer is (d). According to Rule 3.2-8 of the Rules of Professional Conduct, a lawyer who is retained by an organization to act in a matter in which the lawyer knows that the organization has acted dishonestly, fraudulently, criminally or illegally, shall report the matter “up the ladder” of responsibility within the organization until it is dealt with appropriately. Commentary [3] adds that such conduct includes acts of omission, and that conduct likely to result in substantial harm to the organization, as opposed to genuinely trivial misconduct by an organization, invokes this rule. In this case, ABC Corporation’s has incorrectly advertised its chocolate bar as being 0.10 grams heavier than it actually is. It is improbable that this would be conduct “likely to result in substantial harm to the organization”. Given this, withdrawing for such a minor error, or threatening to withdraw, as with choices (a), (b) and (c), defy the true intent of this rule. On the other hand, (d) would be the most logical way to proceed – asking Maria for more information (i.e., why they have yet to correct the disclosure or if they are taking any steps to do so) would make more sense, and is therefore the best answer.
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Question 2 of 80
2. Question
Category: Civil Litigation2. Maximiliano owned a home in Caledonia, Ontario. In 2005, he found out that a nearby waste management plan caused his property’s soil and water to be contaminated. The waste management plant closed down in 2006. In 2015, Maximiliano sold his home to Stacy for $250,000. He did not disclose that the property was contaminated. However, he did offer to pay for an inspection by an inspector of Stacy’s choice prior to closing of the sale, though Stacy declined his offer. This year, Stacy found out that her property was contaminated and is considering commencing a lawsuit against Maximiliano. She approaches a lawyer, Yoruba, and asks her whether it would be too late for her to sue Maximiliano. How should Yoruba respond?
Correct
Solution: The correct answer is (d). According to Section 17 of the Limitations Act, 2002, there is no limitation period in respect of an environmental claim that has not been discovered. Given Yoruba only discovered the contamination this year, the limitations period would not start until this year. (a) is incorrect – it is irrelevant when Maximiliano discovered it. Stacy is the one looking to commence a lawsuit here, and she was unfamiliar with the contamination, it is when she discovered it that matters. (b) is incorrect – the fact that an inspection was offered is also irrelevant. He should have disclosed the fact that this property was contaminated. Finally, (c) is also incorrect. The fact stem says that Stacy found out about the contamination this year, so once again, the clock would start running this year.
Incorrect
Solution: The correct answer is (d). According to Section 17 of the Limitations Act, 2002, there is no limitation period in respect of an environmental claim that has not been discovered. Given Yoruba only discovered the contamination this year, the limitations period would not start until this year. (a) is incorrect – it is irrelevant when Maximiliano discovered it. Stacy is the one looking to commence a lawsuit here, and she was unfamiliar with the contamination, it is when she discovered it that matters. (b) is incorrect – the fact that an inspection was offered is also irrelevant. He should have disclosed the fact that this property was contaminated. Finally, (c) is also incorrect. The fact stem says that Stacy found out about the contamination this year, so once again, the clock would start running this year.
Unattempted
Solution: The correct answer is (d). According to Section 17 of the Limitations Act, 2002, there is no limitation period in respect of an environmental claim that has not been discovered. Given Yoruba only discovered the contamination this year, the limitations period would not start until this year. (a) is incorrect – it is irrelevant when Maximiliano discovered it. Stacy is the one looking to commence a lawsuit here, and she was unfamiliar with the contamination, it is when she discovered it that matters. (b) is incorrect – the fact that an inspection was offered is also irrelevant. He should have disclosed the fact that this property was contaminated. Finally, (c) is also incorrect. The fact stem says that Stacy found out about the contamination this year, so once again, the clock would start running this year.
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Question 3 of 80
3. Question
Category: Civil Litigation3. ABC Bank provided Acacia with a $750,000 loan in 2024. Acacia is a sole proprietor that makes and sells candles. She is the Chief Executive Officer but also has three other employees – John, who is the head of marketing, Aria, who is her administrative assistant, and Sigríður, who is a manager. Recently, the sole proprietorship defaulted on its loan obligations. ABC Bank has decided to commence a lawsuit against the sole proprietorship. However, when ABC Bank’s lawyer arrived at the sole proprietorship’s head office to serve Acacia with a statement of claim, he was told she was not there and is out of the country. Who else, if anyone, can the lawyer serve with the statement of claim?
Correct
Solution: The correct answer is (c). According to Rule 16.02(1)(n) of the Rules of Civil Procedure, personal service on a sole proprietorship can be made by leaving it with the sole proprietor or with a person at the principal place of business of the sole proprietorship who appears to be in control or management of the place of business. Therefore, since the fact stem does not make it clear whether any of the employees appears to be in control of the business, the best answer is (c) – as it uses very similar language to the Rule itself. (a) and (b) are incorrect since it’s unclear which employee, if any, seems to have control or authority over the business. (d) is incorrect since the Rule clearly provides an alternative to serving the sole proprietor.
Incorrect
Solution: The correct answer is (c). According to Rule 16.02(1)(n) of the Rules of Civil Procedure, personal service on a sole proprietorship can be made by leaving it with the sole proprietor or with a person at the principal place of business of the sole proprietorship who appears to be in control or management of the place of business. Therefore, since the fact stem does not make it clear whether any of the employees appears to be in control of the business, the best answer is (c) – as it uses very similar language to the Rule itself. (a) and (b) are incorrect since it’s unclear which employee, if any, seems to have control or authority over the business. (d) is incorrect since the Rule clearly provides an alternative to serving the sole proprietor.
Unattempted
Solution: The correct answer is (c). According to Rule 16.02(1)(n) of the Rules of Civil Procedure, personal service on a sole proprietorship can be made by leaving it with the sole proprietor or with a person at the principal place of business of the sole proprietorship who appears to be in control or management of the place of business. Therefore, since the fact stem does not make it clear whether any of the employees appears to be in control of the business, the best answer is (c) – as it uses very similar language to the Rule itself. (a) and (b) are incorrect since it’s unclear which employee, if any, seems to have control or authority over the business. (d) is incorrect since the Rule clearly provides an alternative to serving the sole proprietor.
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Question 4 of 80
4. Question
Category: Civil Litigation4. Devin and Srinika, each of which are practicing lawyers in Ontario, recently went out for dinner. While at dinner, Devin opened up about his life to Srinika. He noted that he recently bought a car which was well over his budget. When asked by Srinika how he was able to pay for it, he mentioned that he withdrew funds from his clients’ trust accounts and while laughing, noted he was just borrowing his clients’ funds and intends to pay them back, so it should be no big deal. He also said that he may close down his law practice in the next year and become a real estate agent. How should Srinika proceed?
Correct
Solution: The best answer is (b). Devin has misappropriated client funds, which is a serious breach of his ethical duties and Rule 7.1-3 of the Rules of Professional Conduct provides that a lawyer shall report to the Law Society the misappropriation of trust monies. (a) is not the best way to proceed; the bigger concern is that he allegedly misappropriated client funds. (c) is also incorrect as Rule 7.1-3 provides that a lawyer shall report the abandonment of a law or legal services practice. While Devin has noted that he may close down his law practice in the future, there is no indication that he plans to “abandon” it which is different. (d) is also incorrect since, as noted above, Rule 7.1-3 of the Rules clearly provides Srinika with a duty to report in this situation.
Incorrect
Solution: The best answer is (b). Devin has misappropriated client funds, which is a serious breach of his ethical duties and Rule 7.1-3 of the Rules of Professional Conduct provides that a lawyer shall report to the Law Society the misappropriation of trust monies. (a) is not the best way to proceed; the bigger concern is that he allegedly misappropriated client funds. (c) is also incorrect as Rule 7.1-3 provides that a lawyer shall report the abandonment of a law or legal services practice. While Devin has noted that he may close down his law practice in the future, there is no indication that he plans to “abandon” it which is different. (d) is also incorrect since, as noted above, Rule 7.1-3 of the Rules clearly provides Srinika with a duty to report in this situation.
Unattempted
Solution: The best answer is (b). Devin has misappropriated client funds, which is a serious breach of his ethical duties and Rule 7.1-3 of the Rules of Professional Conduct provides that a lawyer shall report to the Law Society the misappropriation of trust monies. (a) is not the best way to proceed; the bigger concern is that he allegedly misappropriated client funds. (c) is also incorrect as Rule 7.1-3 provides that a lawyer shall report the abandonment of a law or legal services practice. While Devin has noted that he may close down his law practice in the future, there is no indication that he plans to “abandon” it which is different. (d) is also incorrect since, as noted above, Rule 7.1-3 of the Rules clearly provides Srinika with a duty to report in this situation.
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Question 5 of 80
5. Question
Category: Civil Litigation5. The Rules of Civil Procedure provide that a minor is an example of a party with a “disability”, and accordingly must be represented by a litigation guardian in a proceeding. A “minor” is defined in which of the following sources of law to mean a person below the age of 18?
Correct
Solution: The correct answer is (a). The Age of Majority and Accountability Act states that every person attains the age of majority and ceases to be a minor at the age of 18 (s. 1). The Rules of Civil Procedure does not actually have a definition for “minor”, the Minority Act does not exist, and the Rules of Professional Conduct also does not have a definition for “minor”. Therefore, these choices are incorrect.
Incorrect
Solution: The correct answer is (a). The Age of Majority and Accountability Act states that every person attains the age of majority and ceases to be a minor at the age of 18 (s. 1). The Rules of Civil Procedure does not actually have a definition for “minor”, the Minority Act does not exist, and the Rules of Professional Conduct also does not have a definition for “minor”. Therefore, these choices are incorrect.
Unattempted
Solution: The correct answer is (a). The Age of Majority and Accountability Act states that every person attains the age of majority and ceases to be a minor at the age of 18 (s. 1). The Rules of Civil Procedure does not actually have a definition for “minor”, the Minority Act does not exist, and the Rules of Professional Conduct also does not have a definition for “minor”. Therefore, these choices are incorrect.
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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: The correct answer is (c). 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: The correct answer is (c). 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: The correct answer is (c). 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: The correct answer is (b). 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: The correct answer is (b). 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: The correct answer is (b). 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 March 2025, 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: The correct answer is (b). According to r. 32.01(1) 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: The correct answer is (b). According to r. 32.01(1) 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: The correct answer is (b). According to r. 32.01(1) 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. Amphai was recently arrested for theft under $5,000. Soon after the arrest, Amphai commenced a lawsuit against the police officer that arrested him, claiming that he used excessive force during the arrest. His pleadings noted the following: “The Police Services Act requires officers to use only reasonable force when making an arrest. Officer Jerry has therefore contravened the Police Services Act.” Which of the following is true of Amphai’s pleadings?
Correct
Solution: The correct answer is (c). According to rule 25.06(2) of the Rules of Civil Procedure, a party may raise any point of law in a pleading, but conclusions of law may be pleaded only if the material facts supporting them are pleaded. In this case, no material facts seem to have been pleaded to support his pleading that Jerry contravened the Police Services Act.
Incorrect
Solution: The correct answer is (c). According to rule 25.06(2) of the Rules of Civil Procedure, a party may raise any point of law in a pleading, but conclusions of law may be pleaded only if the material facts supporting them are pleaded. In this case, no material facts seem to have been pleaded to support his pleading that Jerry contravened the Police Services Act.
Unattempted
Solution: The correct answer is (c). According to rule 25.06(2) of the Rules of Civil Procedure, a party may raise any point of law in a pleading, but conclusions of law may be pleaded only if the material facts supporting them are pleaded. In this case, no material facts seem to have been pleaded to support his pleading that Jerry contravened the Police Services Act.
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Question 11 of 80
11. Question
Category: Civil Litigation11. Which of the following is a matter that is eligible to be listed on the Commercial List?
Correct
Solution: The correct answer is (c). An application under the Pension Benefits Act is eligible to be listed on the Commercial List. Option (a) is incorrect as only Business Corporations Act (Ontario) and Canada Business Corporations Act-related matters can be heard before the Commercial List. Options (b) and (d) are incorrect because these are both eligible to be listed on the Estates List rather than the Commercial List.
Incorrect
Solution: The correct answer is (c). An application under the Pension Benefits Act is eligible to be listed on the Commercial List. Option (a) is incorrect as only Business Corporations Act (Ontario) and Canada Business Corporations Act-related matters can be heard before the Commercial List. Options (b) and (d) are incorrect because these are both eligible to be listed on the Estates List rather than the Commercial List.
Unattempted
Solution: The correct answer is (c). An application under the Pension Benefits Act is eligible to be listed on the Commercial List. Option (a) is incorrect as only Business Corporations Act (Ontario) and Canada Business Corporations Act-related matters can be heard before the Commercial List. Options (b) and (d) are incorrect because these are both eligible to be listed on the Estates List rather than the Commercial List.
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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 is (b). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge does not have jurisdiction to hear a motion under sections 4 or 5 of the Judicial Review Procedure Act. (a) is incorrect – Rule 37.02(2)(c) specifically says a judge must hear a motion to abridge or extend a time prescribed by an order that an associate judge could not have made. It would therefore be accurate to say that a motion seeking to extend a deadline must be heard by a judge, as that is only the case where it is an order the associated judge could not have made. 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 for answer choice (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum for answer choice (d).
Incorrect
Solution: The correct answer is (b). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge does not have jurisdiction to hear a motion under sections 4 or 5 of the Judicial Review Procedure Act. (a) is incorrect – Rule 37.02(2)(c) specifically says a judge must hear a motion to abridge or extend a time prescribed by an order that an associate judge could not have made. It would therefore be accurate to say that a motion seeking to extend a deadline must be heard by a judge, as that is only the case where it is an order the associated judge could not have made. 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 for answer choice (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum for answer choice (d).
Unattempted
Solution: The correct answer is (b). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge does not have jurisdiction to hear a motion under sections 4 or 5 of the Judicial Review Procedure Act. (a) is incorrect – Rule 37.02(2)(c) specifically says a judge must hear a motion to abridge or extend a time prescribed by an order that an associate judge could not have made. It would therefore be accurate to say that a motion seeking to extend a deadline must be heard by a judge, as that is only the case where it is an order the associated judge could not have made. 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 for answer choice (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum for answer choice (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 dependents; 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 appliances 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 dependents; 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 appliances 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 dependents; 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 appliances 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: The correct answer is (b). 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: The correct answer is (b). 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: The correct answer is (b). 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. Guāntíng, a lawyer, is seeking to improve his work-life balance. Moving forward, he plans to make the vast majority of his money by referring clients to other lawyers and collecting referral fees. He currently has six matters that he plans to refer to two lawyers, Kate and Joe. What is the maximum amount of revenue he could earn from referring all six matters?
Correct
Solution: The correct answer is (c). According to Rule 3.6-6.1(1)(e) of the Rules of Professional Conduct, the amount of the referral fee shall not exceed fifteen percent (15%) of the fees paid to the lawyer or paralegal who received the referral for the first fifty thousand dollars ($50,000) of such fees for the matter and five percent (5%) of any additional fees for the matter to a maximum referral fee of $25,000. Since there are 6 matters, the maximum amount he could obtain from referring to all 6 matters is 6 x $25,000 = $150,000. Note that maximum referral fee is on a per matter basis, not a per lawyer basis. (d) is incorrect because the rule cited above explicitly notes the maximum for each matter is $25,000.
Incorrect
Solution: The correct answer is (c). According to Rule 3.6-6.1(1)(e) of the Rules of Professional Conduct, the amount of the referral fee shall not exceed fifteen percent (15%) of the fees paid to the lawyer or paralegal who received the referral for the first fifty thousand dollars ($50,000) of such fees for the matter and five percent (5%) of any additional fees for the matter to a maximum referral fee of $25,000. Since there are 6 matters, the maximum amount he could obtain from referring to all 6 matters is 6 x $25,000 = $150,000. Note that maximum referral fee is on a per matter basis, not a per lawyer basis. (d) is incorrect because the rule cited above explicitly notes the maximum for each matter is $25,000.
Unattempted
Solution: The correct answer is (c). According to Rule 3.6-6.1(1)(e) of the Rules of Professional Conduct, the amount of the referral fee shall not exceed fifteen percent (15%) of the fees paid to the lawyer or paralegal who received the referral for the first fifty thousand dollars ($50,000) of such fees for the matter and five percent (5%) of any additional fees for the matter to a maximum referral fee of $25,000. Since there are 6 matters, the maximum amount he could obtain from referring to all 6 matters is 6 x $25,000 = $150,000. Note that maximum referral fee is on a per matter basis, not a per lawyer basis. (d) is incorrect because the rule cited above explicitly notes the maximum for each matter is $25,000.
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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: The correct answer is (a). 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: The correct answer is (a). 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: The correct answer is (a). 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. Bluma recently stayed at a hotel in Elora, Ontario. During her stay, her handbag which contained many valuable possessions collectively worth over $15,000 was stolen. She has good reason to believe that one of the hotel’s employees had stolen the handbag. The hotel has denied that its employee stole the handbag and refused to provide Bluma with any compensation. She retains Si-woo, a lawyer, to address the matter and wishes to commence a claim against the hotel. How should Si-woo proceed?
Correct
Solution: The best answer is (b). According to Section 4 of the Innkeepers Act, no innkeeper is liable to compensate any guest for any loss of goods brought to the inn,…to a greater amount than the sum of $40 except, except where there is default or neglect or the goods were deposited for safekeeping. In this case, it would be wise for Si-woo to ask for more information to determine whether the exceptions in Section 4 of the Innkeepers Act are applicable, such as neglect (i.e., carelessness). (a) is not the best answer as at this stage, it is unclear if any of the exceptions are applicable. (c) is incorrect – while Bluma wishes to commence a claim, that does not mean Si-woo should act on her wish, especially since, depending on the circumstances, she may only be entitled to $40. (d) is also incorrect as there is not enough information given to conclude that Bluma has no proof that the incident was caused by the hotel or its employees. She believes she has good reason and therefore it would be Si-woo’s job in this case to inquire further into this belief of hers to determine whether a claim would be worthwhile.
Incorrect
Solution: The best answer is (b). According to Section 4 of the Innkeepers Act, no innkeeper is liable to compensate any guest for any loss of goods brought to the inn,…to a greater amount than the sum of $40 except, except where there is default or neglect or the goods were deposited for safekeeping. In this case, it would be wise for Si-woo to ask for more information to determine whether the exceptions in Section 4 of the Innkeepers Act are applicable, such as neglect (i.e., carelessness). (a) is not the best answer as at this stage, it is unclear if any of the exceptions are applicable. (c) is incorrect – while Bluma wishes to commence a claim, that does not mean Si-woo should act on her wish, especially since, depending on the circumstances, she may only be entitled to $40. (d) is also incorrect as there is not enough information given to conclude that Bluma has no proof that the incident was caused by the hotel or its employees. She believes she has good reason and therefore it would be Si-woo’s job in this case to inquire further into this belief of hers to determine whether a claim would be worthwhile.
Unattempted
Solution: The best answer is (b). According to Section 4 of the Innkeepers Act, no innkeeper is liable to compensate any guest for any loss of goods brought to the inn,…to a greater amount than the sum of $40 except, except where there is default or neglect or the goods were deposited for safekeeping. In this case, it would be wise for Si-woo to ask for more information to determine whether the exceptions in Section 4 of the Innkeepers Act are applicable, such as neglect (i.e., carelessness). (a) is not the best answer as at this stage, it is unclear if any of the exceptions are applicable. (c) is incorrect – while Bluma wishes to commence a claim, that does not mean Si-woo should act on her wish, especially since, depending on the circumstances, she may only be entitled to $40. (d) is also incorrect as there is not enough information given to conclude that Bluma has no proof that the incident was caused by the hotel or its employees. She believes she has good reason and therefore it would be Si-woo’s job in this case to inquire further into this belief of hers to determine whether a claim would be worthwhile.
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Question 18 of 80
18. Question
Category: Civil Litigation18. Naomi commenced a civil litigation action in 2023. In 2024, 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: The correct answer is (b). For Naomi to continue her civil litigation action as an undischarged bankrupt, she would need the permission of the trustee-in-bankruptcy. Therefore, (b) is correct.
Incorrect
Solution: The correct answer is (b). For Naomi to continue her civil litigation action as an undischarged bankrupt, she would need the permission of the trustee-in-bankruptcy. Therefore, (b) is correct.
Unattempted
Solution: The correct answer is (b). For Naomi to continue her civil litigation action as an undischarged bankrupt, 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: The correct answer is (c). 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: The correct answer is (c). 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: The correct answer is (c). 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. Michael became a police officer for an Ontario city in 1995. Over time, he developed substance abuse problems as a result of traumatic experiences while carrying out his job duties. Consequently, he needed to take time off work to address these problems. His employer was supportive of taking time off work and worked with him on creating an accommodation plan. However, the city terminated Michael after he repeatedly failed to follow the accommodation plan. He initiated a lawsuit before the Ontario Human Rights Commission (OHRC) on the basis that he was unjustly terminated which amounted to discrimination on the basis of mental disability. This claim was ultimately dismissed as the OHRC cited his failure to follow the accommodation plan agreed upon by both him and the city. After consulting ChatGPT, Michael learned that the OHRC did not have exclusive jurisdiction over his matter. He subsequently commenced another claim through the Small Claims Court on a substantially similar basis, though he used the term “disability” more broadly, on the basis that he had both a physical and mental disability at the time. What should the city’s lawyer plead as a defence?
Correct
Solution: The best answer is (c). The doctrine of res judicata can be used as a defence where a matter has already been adjudged. It can be used not only to points upon which a court was actually required by the parties to form an opinion or render a judgment, but to every point which properly belonged to the subject of litigation and which the parties, exercising reasonable diligence, might have brought forward at that time. In this case, the city could reasonably plead that Michael’s new claim was already adjudged before the OHRC, and bringing it through small claims court would run contrary to the doctrine of res judicata. The fact that Michael uses “disability” more broadly in this claim does negate the doctrine’s use, as that broader usage could have been used by Michael in the initial claim. (a) is incorrect since “want of authority” refers to where an agent lacks authority, which is not relevant here. (b) is incorrect as non est factum refers to someone who signed a document and was induced to believe they were signing a document of a different nature, which again is irrelevant to this fact set. Finally, (d) is incorrect as ultra vires refers to an action taken beyond one’s authority, which again, is not relevant here.
Note that this question is inspired by a recent case decided by the Small Claims Court of New Brunswick on February 28, 2025 (Murphy v Killingbeck et al., 2025 NBSM 5).
Incorrect
Solution: The best answer is (c). The doctrine of res judicata can be used as a defence where a matter has already been adjudged. It can be used not only to points upon which a court was actually required by the parties to form an opinion or render a judgment, but to every point which properly belonged to the subject of litigation and which the parties, exercising reasonable diligence, might have brought forward at that time. In this case, the city could reasonably plead that Michael’s new claim was already adjudged before the OHRC, and bringing it through small claims court would run contrary to the doctrine of res judicata. The fact that Michael uses “disability” more broadly in this claim does negate the doctrine’s use, as that broader usage could have been used by Michael in the initial claim. (a) is incorrect since “want of authority” refers to where an agent lacks authority, which is not relevant here. (b) is incorrect as non est factum refers to someone who signed a document and was induced to believe they were signing a document of a different nature, which again is irrelevant to this fact set. Finally, (d) is incorrect as ultra vires refers to an action taken beyond one’s authority, which again, is not relevant here.
Note that this question is inspired by a recent case decided by the Small Claims Court of New Brunswick on February 28, 2025 (Murphy v Killingbeck et al., 2025 NBSM 5).
Unattempted
Solution: The best answer is (c). The doctrine of res judicata can be used as a defence where a matter has already been adjudged. It can be used not only to points upon which a court was actually required by the parties to form an opinion or render a judgment, but to every point which properly belonged to the subject of litigation and which the parties, exercising reasonable diligence, might have brought forward at that time. In this case, the city could reasonably plead that Michael’s new claim was already adjudged before the OHRC, and bringing it through small claims court would run contrary to the doctrine of res judicata. The fact that Michael uses “disability” more broadly in this claim does negate the doctrine’s use, as that broader usage could have been used by Michael in the initial claim. (a) is incorrect since “want of authority” refers to where an agent lacks authority, which is not relevant here. (b) is incorrect as non est factum refers to someone who signed a document and was induced to believe they were signing a document of a different nature, which again is irrelevant to this fact set. Finally, (d) is incorrect as ultra vires refers to an action taken beyond one’s authority, which again, is not relevant here.
Note that this question is inspired by a recent case decided by the Small Claims Court of New Brunswick on February 28, 2025 (Murphy v Killingbeck et al., 2025 NBSM 5).
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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: The correct answer is (c). 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 to have 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) says. 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: The correct answer is (c). 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 to have 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) says. 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: The correct answer is (c). 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 to have 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) says. 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: The correct answer is (b). 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: The correct answer is (b). 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: The correct answer is (b). 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: The correct answer is (a). 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: The correct answer is (a). 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: The correct answer is (a). 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 $45,000, including $7,000 in interest and $4,999 in costs. How can XYZ Company appeal the decision?
Correct
Solution: The correct answer is (d). According to Section 19(1)(a) of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that do not exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Divisional Court of Justice. Section 6(1) of the Courts of Justice Act says that an appeal lies to the Court of Appeal from a final order of a judge of the Superior Court of Justice, except for an order referred to in Section 19(1)(a). No leave to appeal would be required.
Here, the final order was $45,000 + $7,000 in interest = $52,000 in total. The $4,999 in costs is excluded. Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required.
Incorrect
Solution: The correct answer is (d). According to Section 19(1)(a) of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that do not exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Divisional Court of Justice. Section 6(1) of the Courts of Justice Act says that an appeal lies to the Court of Appeal from a final order of a judge of the Superior Court of Justice, except for an order referred to in Section 19(1)(a). No leave to appeal would be required.
Here, the final order was $45,000 + $7,000 in interest = $52,000 in total. The $4,999 in costs is excluded. Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required.
Unattempted
Solution: The correct answer is (d). According to Section 19(1)(a) of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that do not exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Divisional Court of Justice. Section 6(1) of the Courts of Justice Act says that an appeal lies to the Court of Appeal from a final order of a judge of the Superior Court of Justice, except for an order referred to in Section 19(1)(a). No leave to appeal would be required.
Here, the final order was $45,000 + $7,000 in interest = $52,000 in total. The $4,999 in costs is excluded. Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required.
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Question 26 of 80
26. Question
Category: Criminal Law26. Brynjar has been charged with a serious crime and needs immediate legal help. Employed as a general labourer earning $26,000 per year, he contacts the only criminal lawyer he knows, Shabana, for assistance. During their conversation, Brynjar mentions that he has received Legal Aid in the past and may be promoted at work within the next year. Shabana, a top criminal defence lawyer working as a sole proprietor, currently has no capacity to take on new clients. What is the best way for Shabana to proceed?
Correct
Solution: The correct answer is (c). Under Rule 4.1-1 of the Rules of Professional Conduct, a lawyer must make legal services available to the public in an efficient manner. Commentary [3] advises that if a lawyer knows or reasonably believes a client may be eligible for Legal Aid, they should advise the client to apply. Brynjar’s modest income, past receipt of Legal Aid, and immediate need for representation, combined with Shabana’s current capacity constraints, make advising him to apply for Legal Aid the most appropriate option. The fact that he may be promoted at work within a year does not change much – it’s unclear if he will actually be promoted and how much that would change his financial situation. Options (a) and (b) fail to address his urgent need, and (b) may also be impractical for Shabana to do. Option (d) is less helpful than directing him to a viable alternative.
Incorrect
Solution: The correct answer is (c). Under Rule 4.1-1 of the Rules of Professional Conduct, a lawyer must make legal services available to the public in an efficient manner. Commentary [3] advises that if a lawyer knows or reasonably believes a client may be eligible for Legal Aid, they should advise the client to apply. Brynjar’s modest income, past receipt of Legal Aid, and immediate need for representation, combined with Shabana’s current capacity constraints, make advising him to apply for Legal Aid the most appropriate option. The fact that he may be promoted at work within a year does not change much – it’s unclear if he will actually be promoted and how much that would change his financial situation. Options (a) and (b) fail to address his urgent need, and (b) may also be impractical for Shabana to do. Option (d) is less helpful than directing him to a viable alternative.
Unattempted
Solution: The correct answer is (c). Under Rule 4.1-1 of the Rules of Professional Conduct, a lawyer must make legal services available to the public in an efficient manner. Commentary [3] advises that if a lawyer knows or reasonably believes a client may be eligible for Legal Aid, they should advise the client to apply. Brynjar’s modest income, past receipt of Legal Aid, and immediate need for representation, combined with Shabana’s current capacity constraints, make advising him to apply for Legal Aid the most appropriate option. The fact that he may be promoted at work within a year does not change much – it’s unclear if he will actually be promoted and how much that would change his financial situation. Options (a) and (b) fail to address his urgent need, and (b) may also be impractical for Shabana to do. Option (d) is less helpful than directing him to a viable alternative.
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Question 27 of 80
27. Question
Category: Criminal Law27. Makwa, an Indigenous offender, is being considered for conditional release. In deciding his release conditions, corrections officials must consider various factors. Which of the following best summarizes these considerations?
Correct
Solution: The correct answer is (b). Officials must adopt a holistic approach when determining the release conditions for an Indigenous offender, one that goes beyond individual circumstances. Section 79.1 of the Corrections and Conditional Release Act says they should consider broader systemic challenges, historical disadvantages affecting Indigenous communities, and the offender’s cultural identity. Option (b) best encapsulates this perspective, while the other options focus too narrowly on individual attributes or risk assessments.
Incorrect
Solution: The correct answer is (b). Officials must adopt a holistic approach when determining the release conditions for an Indigenous offender, one that goes beyond individual circumstances. Section 79.1 of the Corrections and Conditional Release Act says they should consider broader systemic challenges, historical disadvantages affecting Indigenous communities, and the offender’s cultural identity. Option (b) best encapsulates this perspective, while the other options focus too narrowly on individual attributes or risk assessments.
Unattempted
Solution: The correct answer is (b). Officials must adopt a holistic approach when determining the release conditions for an Indigenous offender, one that goes beyond individual circumstances. Section 79.1 of the Corrections and Conditional Release Act says they should consider broader systemic challenges, historical disadvantages affecting Indigenous communities, and the offender’s cultural identity. Option (b) best encapsulates this perspective, while the other options focus too narrowly on individual attributes or risk assessments.
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Question 28 of 80
28. Question
Category: Criminal Law28. Grant has been charged with manslaughter under section 234 of the Criminal Code. His case will be decided before a jury. His lawyer, Anita, has expressed concern about one of the jury members that was 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 the grounds to challenge a juror, including (d) – the juror does not speak the official language in which the trial is to be conducted. (a) and (c) have no basis in section 638(1), and (b) is incorrect because a juror can only be challenged on the grounds of being convicted for an offence if they have been sentenced to a term of imprisonment of two years or more. 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 the grounds to challenge a juror, including (d) – the juror does not speak the official language in which the trial is to be conducted. (a) and (c) have no basis in section 638(1), and (b) is incorrect because a juror can only be challenged on the grounds of being convicted for an offence if they have been sentenced to a term of imprisonment of two years or more. 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 the grounds to challenge a juror, including (d) – the juror does not speak the official language in which the trial is to be conducted. (a) and (c) have no basis in section 638(1), and (b) is incorrect because a juror can only be challenged on the grounds of being convicted for an offence if they have been sentenced to a term of imprisonment of two years or more. 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: The correct answer is (c). 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: The correct answer is (c). 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: The correct answer is (c). 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: The correct answer is (a). 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: The correct answer is (a). 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: The correct answer is (a). 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. Jared was recently convicted of sexual assault and designated a dangerous offender. A court will not be required to impose an indeterminate sentence if which of the following is true?
Correct
Solution: The correct answer is (b). Section 753(4.1) of the Criminal Code requires that a dangerous offender be given an indeterminate sentence unless the evidence demonstrates a reasonable expectation that a lesser measure (either as described in section 753(4)(b) or 753(4)(c)) will adequately protect the public from the offender committing murder or a serious personal injury offence. These “lesser measures” include, for example, imposing a sentence for the offence with a minimum of two years’ imprisonment and ordering that the offender be subject to long-term supervision for a period not exceeding 10 years (section 753(4)(b)), or imposing a sentence for the offence for which the offender has been convicted (section 753(4)(c)). Given this, option (b) is an example of one of these measures, as provided in section 753(4)(c) of the Criminal Code. In contrast, option (a) is irrelevant since the offender’s age is not a deciding factor; option (c) is incorrect because a six-month sentence does not meet the two-year minimum in section 753(4)(b); and option (d) does not align with the statutory requirements for a lesser measure under section 753.
Incorrect
Solution: The correct answer is (b). Section 753(4.1) of the Criminal Code requires that a dangerous offender be given an indeterminate sentence unless the evidence demonstrates a reasonable expectation that a lesser measure (either as described in section 753(4)(b) or 753(4)(c)) will adequately protect the public from the offender committing murder or a serious personal injury offence. These “lesser measures” include, for example, imposing a sentence for the offence with a minimum of two years’ imprisonment and ordering that the offender be subject to long-term supervision for a period not exceeding 10 years (section 753(4)(b)), or imposing a sentence for the offence for which the offender has been convicted (section 753(4)(c)). Given this, option (b) is an example of one of these measures, as provided in section 753(4)(c) of the Criminal Code. In contrast, option (a) is irrelevant since the offender’s age is not a deciding factor; option (c) is incorrect because a six-month sentence does not meet the two-year minimum in section 753(4)(b); and option (d) does not align with the statutory requirements for a lesser measure under section 753.
Unattempted
Solution: The correct answer is (b). Section 753(4.1) of the Criminal Code requires that a dangerous offender be given an indeterminate sentence unless the evidence demonstrates a reasonable expectation that a lesser measure (either as described in section 753(4)(b) or 753(4)(c)) will adequately protect the public from the offender committing murder or a serious personal injury offence. These “lesser measures” include, for example, imposing a sentence for the offence with a minimum of two years’ imprisonment and ordering that the offender be subject to long-term supervision for a period not exceeding 10 years (section 753(4)(b)), or imposing a sentence for the offence for which the offender has been convicted (section 753(4)(c)). Given this, option (b) is an example of one of these measures, as provided in section 753(4)(c) of the Criminal Code. In contrast, option (a) is irrelevant since the offender’s age is not a deciding factor; option (c) is incorrect because a six-month sentence does not meet the two-year minimum in section 753(4)(b); and option (d) does not align with the statutory requirements for a lesser measure under section 753.
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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: The correct answer is (c). 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: The correct answer is (c). 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: The correct answer is (c). 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 has implemented a new hiring policy that disqualifies candidates who are in a parent-and-child relationship. The firm argues that this policy ensures that candidates can fully commit to the rigorous demands of partnership. One applicant, who is married but does not have children, challenges the policy, arguing that it unfairly penalizes those with familial responsibilities. Is ABC LLP’s new policy discriminatory?
Correct
Solution: The correct answer is (c). Under Rule 6.3.1-1 of the Rules of Professional Conduct, lawyers have a duty to respect human rights laws and must not discriminate on certain listed grounds including family status, which is defined as being in a parent-and-child relationship. ABC LLP’s policy, which excludes candidates in such relationships, directly targets family status and therefore constitutes discrimination. Although marital status is also a protected ground, the policy specifically addresses family status, making option (c) the correct answer.
Incorrect
Solution: The correct answer is (c). Under Rule 6.3.1-1 of the Rules of Professional Conduct, lawyers have a duty to respect human rights laws and must not discriminate on certain listed grounds including family status, which is defined as being in a parent-and-child relationship. ABC LLP’s policy, which excludes candidates in such relationships, directly targets family status and therefore constitutes discrimination. Although marital status is also a protected ground, the policy specifically addresses family status, making option (c) the correct answer.
Unattempted
Solution: The correct answer is (c). Under Rule 6.3.1-1 of the Rules of Professional Conduct, lawyers have a duty to respect human rights laws and must not discriminate on certain listed grounds including family status, which is defined as being in a parent-and-child relationship. ABC LLP’s policy, which excludes candidates in such relationships, directly targets family status and therefore constitutes discrimination. Although marital status is also a protected ground, the policy specifically addresses family status, making option (c) the correct answer.
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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 correct answer is (d). 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 correct answer is (d). 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 correct answer is (d). 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 March 1, 2025, 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 by 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 by 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 by Tira’s partner.
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Question 37 of 80
37. Question
Category: Criminal Law37. Caishen has been charged with theft pursuant to section 322 of the Criminal Code. In defending his charges, he seeks to call Fletcher, who is deaf, as a witness. Fletcher would like to have the assistance of an interpreter. Which of the following sources of law states that an interpreter must be provided to Fletcher in this situation?
Correct
Solution: The correct answer is (c). Section 14 of the Charter states that a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Incorrect
Solution: The correct answer is (c). Section 14 of the Charter states that a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Unattempted
Solution: The correct answer is (c). Section 14 of the Charter states that a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
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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: The correct answer is (d). 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: The correct answer is (d). 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: The correct answer is (d). 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. Tom was charged with assault. During his preliminary hearing, the justice notes that Tom has cooperated fully and an independent psychological evaluation indicates his risk of reoffending is minimal. However, since the prosecutor has not demonstrated why detention is necessary, the justice issues a release order with conditions. Which of the following conditions must the release order include?
Correct
Solution: The correct answer is (b). Under section 515(2) of the Criminal Code, when a release order with conditions is issued, the order must include, as the case may be, an indication that the release order does not include the accused’s financial obligations, or a promise to pay a specified amount, the obligation to have a surety, or the obligation to deposit a sum of money or other valuable security, if the accused fails to comply with a condition of the release. (b) best describes the flexibility provided by the Criminal Code. (a) is incorrect – this statement would not be appropriate, for example, where a financial condition is imposed on Tom so it is not required; (c) is incorrect since the community service requirement is not listed in section 515(2) of the Criminal Code. (d) is incorrect since Section 515(2) does provide the option to furnish securities or a promise to pay.
Incorrect
Solution: The correct answer is (b). Under section 515(2) of the Criminal Code, when a release order with conditions is issued, the order must include, as the case may be, an indication that the release order does not include the accused’s financial obligations, or a promise to pay a specified amount, the obligation to have a surety, or the obligation to deposit a sum of money or other valuable security, if the accused fails to comply with a condition of the release. (b) best describes the flexibility provided by the Criminal Code. (a) is incorrect – this statement would not be appropriate, for example, where a financial condition is imposed on Tom so it is not required; (c) is incorrect since the community service requirement is not listed in section 515(2) of the Criminal Code. (d) is incorrect since Section 515(2) does provide the option to furnish securities or a promise to pay.
Unattempted
Solution: The correct answer is (b). Under section 515(2) of the Criminal Code, when a release order with conditions is issued, the order must include, as the case may be, an indication that the release order does not include the accused’s financial obligations, or a promise to pay a specified amount, the obligation to have a surety, or the obligation to deposit a sum of money or other valuable security, if the accused fails to comply with a condition of the release. (b) best describes the flexibility provided by the Criminal Code. (a) is incorrect – this statement would not be appropriate, for example, where a financial condition is imposed on Tom so it is not required; (c) is incorrect since the community service requirement is not listed in section 515(2) of the Criminal Code. (d) is incorrect since Section 515(2) does provide the option to furnish securities or a promise to pay.
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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 2025, 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: The correct answer is (b). Under section 683(5) of the Criminal Code, a court may suspend an order pending appeal if it considers the suspension to be in the interests of justice. Options (a), (c), and (d) do not reflect the standard set out in the Criminal Code. Option (a) suggests a higher threshold than required, (c) introduces a balancing test not found in the section, and (d) misframes the test by focusing on public interest rather than justice as a whole.
Incorrect
Solution: The correct answer is (b). Under section 683(5) of the Criminal Code, a court may suspend an order pending appeal if it considers the suspension to be in the interests of justice. Options (a), (c), and (d) do not reflect the standard set out in the Criminal Code. Option (a) suggests a higher threshold than required, (c) introduces a balancing test not found in the section, and (d) misframes the test by focusing on public interest rather than justice as a whole.
Unattempted
Solution: The correct answer is (b). Under section 683(5) of the Criminal Code, a court may suspend an order pending appeal if it considers the suspension to be in the interests of justice. Options (a), (c), and (d) do not reflect the standard set out in the Criminal Code. Option (a) suggests a higher threshold than required, (c) introduces a balancing test not found in the section, and (d) misframes the test by focusing on public interest rather than justice as a whole.
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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: The correct answer is (b). 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: The correct answer is (b). 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: The correct answer is (b). 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 post by ACLD on X, formerly known as Twitter, Elias felt compelled to reach out to the firm for assistance. Which of the following posts 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 posts 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 posts 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 posts 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 correct answer is (a). 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 correct answer is (a). 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 correct answer is (a). 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: The correct answer is (a). 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: The correct answer is (a). 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: The correct answer is (a). 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. Alvin, a lawyer, has been representing Joe for several months as he contemplated filing for divorce from his wife, Gorata. Joe recently directed Alvin to file a divorce application. Once Joe signed the application, Alvin filed it. Shortly after, Joe claimed that Alvin forged his signature. Upon hearing this, Gorata’s lawyers were furious. In response, Alvin provided them with several of Joe’s medical records, including his health card, which displayed his signature, to defend himself. Joe, who did not consent to this disclosure, immediately reported Alvin to the Law Society of Ontario. Has Alvin breached his professional obligations?
Correct
Solution: The correct answer is (d). According to Rule 3.3-4 of the Rules of Professional Conduct, if a lawyer is alleged to have engaged in professional misconduct or conduct unbecoming a lawyer, they may disclose confidential information in their defense but must limit the disclosure to what is strictly necessary. In this case, Alvin had the right to defend himself since he was accused of forging Joe’s signature, which is an allegation that constitutes professional misconduct. However, by disclosing several of Joe’s medical records to Gorata’s lawyers, Alvin revealed more information than required. A single record displaying Joe’s signature would have sufficed. Moreover, given the sensitivity of medical records, Alvin should have exercised caution by redacting irrelevant or sensitive details. Options (a) and (b) are incorrect because, while Alvin was entitled to defend himself, disclosing multiple sensitive medical records exceeded what was necessary. Option (c) is incorrect because Rule 3.3-4 does not require the client’s consent to disclose confidential information when defending against allegations of professional misconduct.
Note that this fact scenario is partly based on a real-life case that was before the Law Society Tribunal – Hearing Division, in 2025.
Incorrect
Solution: The correct answer is (d). According to Rule 3.3-4 of the Rules of Professional Conduct, if a lawyer is alleged to have engaged in professional misconduct or conduct unbecoming a lawyer, they may disclose confidential information in their defense but must limit the disclosure to what is strictly necessary. In this case, Alvin had the right to defend himself since he was accused of forging Joe’s signature, which is an allegation that constitutes professional misconduct. However, by disclosing several of Joe’s medical records to Gorata’s lawyers, Alvin revealed more information than required. A single record displaying Joe’s signature would have sufficed. Moreover, given the sensitivity of medical records, Alvin should have exercised caution by redacting irrelevant or sensitive details. Options (a) and (b) are incorrect because, while Alvin was entitled to defend himself, disclosing multiple sensitive medical records exceeded what was necessary. Option (c) is incorrect because Rule 3.3-4 does not require the client’s consent to disclose confidential information when defending against allegations of professional misconduct.
Note that this fact scenario is partly based on a real-life case that was before the Law Society Tribunal – Hearing Division, in 2025.
Unattempted
Solution: The correct answer is (d). According to Rule 3.3-4 of the Rules of Professional Conduct, if a lawyer is alleged to have engaged in professional misconduct or conduct unbecoming a lawyer, they may disclose confidential information in their defense but must limit the disclosure to what is strictly necessary. In this case, Alvin had the right to defend himself since he was accused of forging Joe’s signature, which is an allegation that constitutes professional misconduct. However, by disclosing several of Joe’s medical records to Gorata’s lawyers, Alvin revealed more information than required. A single record displaying Joe’s signature would have sufficed. Moreover, given the sensitivity of medical records, Alvin should have exercised caution by redacting irrelevant or sensitive details. Options (a) and (b) are incorrect because, while Alvin was entitled to defend himself, disclosing multiple sensitive medical records exceeded what was necessary. Option (c) is incorrect because Rule 3.3-4 does not require the client’s consent to disclose confidential information when defending against allegations of professional misconduct.
Note that this fact scenario is partly based on a real-life case that was before the Law Society Tribunal – Hearing Division, in 2025.
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Question 47 of 80
47. Question
Category: Family Law47. In April 2024, Hanieh commenced an application for child support, which she was successfully awarded in April 2025. The court ruled that the award would be retroactive to April 2020. Given the retroactive award, the court must have found which of the following?
Correct
Solution: The correct answer is (a). 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: The correct answer is (a). 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: The correct answer is (a). 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 earlier this year. 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”). In order to be able to exercise this jurisdiction, what is the best way for the Indigenous group to proceed?
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. 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”).
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. 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”).
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Question 52 of 80
52. Question
Category: Family Law52. Tola and Anetta are a non-married couple that have been together for several years. They have one child, Linh. Recently, Tola and Anetta’s relationship broke down. Tola seeks to apply for a parenting order for Linh, who is not habitually resident in Ontario. In order for an Ontario court to have jurisdiction of the case under the Children’s Law Reform Act, Tola will be required to prove which of the following?
Correct
Solution: The correct answer is (a). According to section 22(1)(b) of the Children’s Law Reform Act, when a child is not habitually resident in Ontario, an Ontario court can make a parenting order with respect to a child if it is satisfied that:
(i) the child is physically present in Ontario at the commencement of the application for the order,
(ii) substantial evidence concerning the best interests of the child is available in Ontario,
(iii) no application respecting decision-making responsibility, parenting time or contact with respect to the child is pending before an extra-provincial tribunal in another place where the child is habitually resident,
(iv) no extra-provincial order respecting decision-making responsibility, parenting time or contact with respect to the child has been recognized by a court in Ontario,
(v) the child has a real and substantial connection with Ontario, and
(vi) on the balance of convenience, it is appropriate for jurisdiction to be exercised in Ontario
Note that option (a) is correct because it mirrors the language in (v) above. Options (b) and (c) are incorrect because they have no basis in the CLRA. Option (d) is incorrect because it should say “…physically present in Ontario” (see (i) above). Remember that you have to always choose the best answer. In this case, since option (d) was not specific enough, the best answer was (a).
Incorrect
Solution: The correct answer is (a). According to section 22(1)(b) of the Children’s Law Reform Act, when a child is not habitually resident in Ontario, an Ontario court can make a parenting order with respect to a child if it is satisfied that:
(i) the child is physically present in Ontario at the commencement of the application for the order,
(ii) substantial evidence concerning the best interests of the child is available in Ontario,
(iii) no application respecting decision-making responsibility, parenting time or contact with respect to the child is pending before an extra-provincial tribunal in another place where the child is habitually resident,
(iv) no extra-provincial order respecting decision-making responsibility, parenting time or contact with respect to the child has been recognized by a court in Ontario,
(v) the child has a real and substantial connection with Ontario, and
(vi) on the balance of convenience, it is appropriate for jurisdiction to be exercised in Ontario
Note that option (a) is correct because it mirrors the language in (v) above. Options (b) and (c) are incorrect because they have no basis in the CLRA. Option (d) is incorrect because it should say “…physically present in Ontario” (see (i) above). Remember that you have to always choose the best answer. In this case, since option (d) was not specific enough, the best answer was (a).
Unattempted
Solution: The correct answer is (a). According to section 22(1)(b) of the Children’s Law Reform Act, when a child is not habitually resident in Ontario, an Ontario court can make a parenting order with respect to a child if it is satisfied that:
(i) the child is physically present in Ontario at the commencement of the application for the order,
(ii) substantial evidence concerning the best interests of the child is available in Ontario,
(iii) no application respecting decision-making responsibility, parenting time or contact with respect to the child is pending before an extra-provincial tribunal in another place where the child is habitually resident,
(iv) no extra-provincial order respecting decision-making responsibility, parenting time or contact with respect to the child has been recognized by a court in Ontario,
(v) the child has a real and substantial connection with Ontario, and
(vi) on the balance of convenience, it is appropriate for jurisdiction to be exercised in Ontario
Note that option (a) is correct because it mirrors the language in (v) above. Options (b) and (c) are incorrect because they have no basis in the CLRA. Option (d) is incorrect because it should say “…physically present in Ontario” (see (i) above). Remember that you have to always choose the best answer. In this case, since option (d) was not specific enough, the best answer was (a).
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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: The correct answer is (d). 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: The correct answer is (d). 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: The correct answer is (d). 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: The correct answer is (a). 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: The correct answer is (a). 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: The correct answer is (a). 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. Jason is a lawyer at ABC LLP, a law firm that specializes in family law. He has recently accepted a job to work for XYZ LLP. At a meeting with Morris, a client, Jason advised Morris that he will be leaving for XYZ LLP. Morris asked Jason to continue representing him while at XYZ LLP and provided verbal consent for Jason to disclose all confidential information to detect the presence of any conflicts while transferring to XYZ LLP. How should Jason proceed?
Correct
Solution: The best answer is (b). The Rules of Professional Conduct defines “consent” as fully informed and voluntary consent after disclosure, among other things, orally, provided that each person consenting receives a separate written communication recording their consent as soon as is practicable. Therefore, after receiving Morris’ oral consent to disclose relevant confidential information to his new law firm, he should put this in writing to confirm their understanding for evidentiary purposes. (a) and (c) are incorrect – after a lawyer leaves a law firm, it is up to the client to decide what to do with the file (see rule 3.7-7A of the Rules). Therefore, no consent from or compensation to ABC LLP is required to permit the transfer. Finally, (d) is also incorrect because not all confidential information should be disclosed to XYZ LLP, but rather just the confidential information to the extent reasonably necessary to detect and resolve conflicts (see Rule 3.3-7 of the Rules).
Incorrect
Solution: The best answer is (b). The Rules of Professional Conduct defines “consent” as fully informed and voluntary consent after disclosure, among other things, orally, provided that each person consenting receives a separate written communication recording their consent as soon as is practicable. Therefore, after receiving Morris’ oral consent to disclose relevant confidential information to his new law firm, he should put this in writing to confirm their understanding for evidentiary purposes. (a) and (c) are incorrect – after a lawyer leaves a law firm, it is up to the client to decide what to do with the file (see rule 3.7-7A of the Rules). Therefore, no consent from or compensation to ABC LLP is required to permit the transfer. Finally, (d) is also incorrect because not all confidential information should be disclosed to XYZ LLP, but rather just the confidential information to the extent reasonably necessary to detect and resolve conflicts (see Rule 3.3-7 of the Rules).
Unattempted
Solution: The best answer is (b). The Rules of Professional Conduct defines “consent” as fully informed and voluntary consent after disclosure, among other things, orally, provided that each person consenting receives a separate written communication recording their consent as soon as is practicable. Therefore, after receiving Morris’ oral consent to disclose relevant confidential information to his new law firm, he should put this in writing to confirm their understanding for evidentiary purposes. (a) and (c) are incorrect – after a lawyer leaves a law firm, it is up to the client to decide what to do with the file (see rule 3.7-7A of the Rules). Therefore, no consent from or compensation to ABC LLP is required to permit the transfer. Finally, (d) is also incorrect because not all confidential information should be disclosed to XYZ LLP, but rather just the confidential information to the extent reasonably necessary to detect and resolve conflicts (see Rule 3.3-7 of the Rules).
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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 determines that Donghai has assets worth $60,000 and liabilities of $5,000, along with WSIB benefits valued at $20,000, and that Fen has assets worth $95,000 and no liabilities. What will be the resulting equalization claim?
Correct
Solution: The correct answer is (a). To determine the equalization payment, the court calculates the net family property (NFP) for each party: Donghai’s NFP is $60,000 (assets) − $5,000 (liabilities) = $55,000, while Fen’s NFP is $95,000. The WSIB benefits are excluded from Donghai’s NFP, as it was determined in Lowe that WSIB benefits are not considered “property.” The difference between their NFPs is $95,000 − $55,000 = $40,000, and half of that difference is $20,000, which Fen, having the higher NFP, must pay to Donghai. Option (b) is incorrect because it wrongly includes the WSIB benefits in Donghai’s NFP, inflating his property value. Option (c) is also incorrect. If you chose this option you may have not subtracted Donghai’s liabilities when calculating his NFP. Option (d) is incorrect because Donghai, as the spouse with the lower NFP, is entitled to receive the payment, not pay it.
Incorrect
Solution: The correct answer is (a). To determine the equalization payment, the court calculates the net family property (NFP) for each party: Donghai’s NFP is $60,000 (assets) − $5,000 (liabilities) = $55,000, while Fen’s NFP is $95,000. The WSIB benefits are excluded from Donghai’s NFP, as it was determined in Lowe that WSIB benefits are not considered “property.” The difference between their NFPs is $95,000 − $55,000 = $40,000, and half of that difference is $20,000, which Fen, having the higher NFP, must pay to Donghai. Option (b) is incorrect because it wrongly includes the WSIB benefits in Donghai’s NFP, inflating his property value. Option (c) is also incorrect. If you chose this option you may have not subtracted Donghai’s liabilities when calculating his NFP. Option (d) is incorrect because Donghai, as the spouse with the lower NFP, is entitled to receive the payment, not pay it.
Unattempted
Solution: The correct answer is (a). To determine the equalization payment, the court calculates the net family property (NFP) for each party: Donghai’s NFP is $60,000 (assets) − $5,000 (liabilities) = $55,000, while Fen’s NFP is $95,000. The WSIB benefits are excluded from Donghai’s NFP, as it was determined in Lowe that WSIB benefits are not considered “property.” The difference between their NFPs is $95,000 − $55,000 = $40,000, and half of that difference is $20,000, which Fen, having the higher NFP, must pay to Donghai. Option (b) is incorrect because it wrongly includes the WSIB benefits in Donghai’s NFP, inflating his property value. Option (c) is also incorrect. If you chose this option you may have not subtracted Donghai’s liabilities when calculating his NFP. Option (d) is incorrect because Donghai, as the spouse with the lower NFP, is entitled to receive the payment, not pay it.
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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 final order, requiring the respondent to pay the applicant $125,000, 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 (a). Since the order is final and the amount is greater than $50,000, the appeal must be made in the Ontario Court of Appeal, and no leave is required. See sections 6(1)(b), 19(1)(a), and 19(1.2)) of the Courts of Justice Act.
Incorrect
Solution: The correct answer choice is (a). Since the order is final and the amount is greater than $50,000, the appeal must be made in the Ontario Court of Appeal, and no leave is required. See sections 6(1)(b), 19(1)(a), and 19(1.2)) of the Courts of Justice Act.
Unattempted
Solution: The correct answer choice is (a). Since the order is final and the amount is greater than $50,000, the appeal must be made in the Ontario Court of Appeal, and no leave is required. See sections 6(1)(b), 19(1)(a), and 19(1.2)) 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, 2023. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2023. On September 1, 2023, after yet another heated argument, Sade moved back into his friend’s apartment. On September 10, 2024, 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: The correct answer is (b). 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 one-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: The correct answer is (b). 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 one-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: The correct answer is (b). 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 one-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, 2023. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2023. On September 1, 2023, after yet another heated argument, Sade moved back into his friend’s apartment. On September 10, 2024, 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 correct 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 correct 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 correct 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, 2023. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2023. On September 1, 2023, after yet another heated argument, Sade moved back into his friend’s apartment. On September 10, 2024, 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: The correct answer is (a). 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, 2023 to September 1, 2023. Therefore, the date of separation should still be the first date they separated – which is May 1, 2023; hence, (a) is the correct answer.
Incorrect
Solution: The correct answer is (a). 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, 2023 to September 1, 2023. Therefore, the date of separation should still be the first date they separated – which is May 1, 2023; hence, (a) is the correct answer.
Unattempted
Solution: The correct answer is (a). 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, 2023 to September 1, 2023. Therefore, the date of separation should still be the first date they separated – which is May 1, 2023; hence, (a) is the correct answer.
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Question 66 of 80
66. Question
Category: Public Law66. Kaori, a lawyer in Ontario, has recently partnered with her friend Joon to launch a law firm specializing in constitutional and public law matters. Shortly after opening the firm, Kaori discovers ChatGPT, an artificial intelligence–based chatbot. Curious about whether she must become familiar with AI-based technologies to meet her professional obligations, she asks Joon for advice. What is the best response for Joon to give?
Correct
Solution: The correct answer is (b). Under Rule 3.1-2 of the Rules of Professional Conduct, a lawyer must provide legal services with the competence of a reasonably competent lawyer, which includes understanding and using technology relevant to their practice. Commentary [4] clarifies that the required level of technological competence depends on, among other things, whether the technology is necessary for the lawyer’s practice and responsibilities. Therefore, Joon should advise Kaori that she should consider whether AI-based technologies, like ChatGPT, are essential to her specific practice area in constitutional and public law. Option (a) is incorrect because it is contrary to Rule 3.1-2. Option (c) is less relevant, as the focus should be on the practical needs of her Ontario practice rather than on global usage trends. Option (d) is incorrect because the Law Society of Ontario does not prohibit the use of AI-based technologies.
Incorrect
Solution: The correct answer is (b). Under Rule 3.1-2 of the Rules of Professional Conduct, a lawyer must provide legal services with the competence of a reasonably competent lawyer, which includes understanding and using technology relevant to their practice. Commentary [4] clarifies that the required level of technological competence depends on, among other things, whether the technology is necessary for the lawyer’s practice and responsibilities. Therefore, Joon should advise Kaori that she should consider whether AI-based technologies, like ChatGPT, are essential to her specific practice area in constitutional and public law. Option (a) is incorrect because it is contrary to Rule 3.1-2. Option (c) is less relevant, as the focus should be on the practical needs of her Ontario practice rather than on global usage trends. Option (d) is incorrect because the Law Society of Ontario does not prohibit the use of AI-based technologies.
Unattempted
Solution: The correct answer is (b). Under Rule 3.1-2 of the Rules of Professional Conduct, a lawyer must provide legal services with the competence of a reasonably competent lawyer, which includes understanding and using technology relevant to their practice. Commentary [4] clarifies that the required level of technological competence depends on, among other things, whether the technology is necessary for the lawyer’s practice and responsibilities. Therefore, Joon should advise Kaori that she should consider whether AI-based technologies, like ChatGPT, are essential to her specific practice area in constitutional and public law. Option (a) is incorrect because it is contrary to Rule 3.1-2. Option (c) is less relevant, as the focus should be on the practical needs of her Ontario practice rather than on global usage trends. Option (d) is incorrect because the Law Society of Ontario does not prohibit the use of AI-based technologies.
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Question 67 of 80
67. Question
Category: Public Law67. Alessia, a dentist in Ontario, seeks to challenge the constitutionality of the federal Dental Benefit Act, which provides certain Canadians with access to dental benefits. Alessia believes the Act is ambiguous and burdensome for dentists to implement. She approaches Ininaatig, a constitutional lawyer, for assistance. How should Ininaatig proceed?
Correct
Solution: The correct answer is (a). In order to challenge the constitutionality of federal legislation (such as the Dental Benefit Act), one must give to the AG of Canada and to that of each province, notice at least 10 days prior to the date of the hearing. However, it is inappropriate for Ininaatig to give notice until Alessia is aware of her options and gives the go-ahead to proceed with the challenge. Therefore, the correct answer choice is (a).
Incorrect
Solution: The correct answer is (a). In order to challenge the constitutionality of federal legislation (such as the Dental Benefit Act), one must give to the AG of Canada and to that of each province, notice at least 10 days prior to the date of the hearing. However, it is inappropriate for Ininaatig to give notice until Alessia is aware of her options and gives the go-ahead to proceed with the challenge. Therefore, the correct answer choice is (a).
Unattempted
Solution: The correct answer is (a). In order to challenge the constitutionality of federal legislation (such as the Dental Benefit Act), one must give to the AG of Canada and to that of each province, notice at least 10 days prior to the date of the hearing. However, it is inappropriate for Ininaatig to give notice until Alessia is aware of her options and gives the go-ahead to proceed with the challenge. Therefore, the correct answer choice is (a).
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Question 68 of 80
68. Question
Category: Public Law68. Imran, a human rights advocate in Ontario, sought judicial review in the Federal Court to challenge a government agency’s decision to enforce a newly introduced regulation that restricts public protests. Imran argues that the regulation, enacted by the Crown through a ministerial order, violates freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms, and he seeks an injunction to suspend the regulation’s enforcement during judicial review. Does the Federal Court have the power to grant an injunction against the Crown in this case?
Correct
Solution: The correct answer is (b). Courts reviewing administrative decisions, including the Federal Court, have the power to grant equitable relief, such as injunctions; however, as a general rule, injunctions cannot lie against the Crown unless the order relates to section 24(1) of the Canadian Charter of Rights and Freedoms. Option (a) is incorrect because not all government actions automatically qualify for injunctive relief against the Crown. Option (c) is incorrect because of the exception under section 24(1) of the Charter. Option (d) is incorrect because both the Federal Court and the Divisional Court can issue equitable relief in judicial review cases.
Incorrect
Solution: The correct answer is (b). Courts reviewing administrative decisions, including the Federal Court, have the power to grant equitable relief, such as injunctions; however, as a general rule, injunctions cannot lie against the Crown unless the order relates to section 24(1) of the Canadian Charter of Rights and Freedoms. Option (a) is incorrect because not all government actions automatically qualify for injunctive relief against the Crown. Option (c) is incorrect because of the exception under section 24(1) of the Charter. Option (d) is incorrect because both the Federal Court and the Divisional Court can issue equitable relief in judicial review cases.
Unattempted
Solution: The correct answer is (b). Courts reviewing administrative decisions, including the Federal Court, have the power to grant equitable relief, such as injunctions; however, as a general rule, injunctions cannot lie against the Crown unless the order relates to section 24(1) of the Canadian Charter of Rights and Freedoms. Option (a) is incorrect because not all government actions automatically qualify for injunctive relief against the Crown. Option (c) is incorrect because of the exception under section 24(1) of the Charter. Option (d) is incorrect because both the Federal Court and the Divisional Court can issue equitable relief in judicial review cases.
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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: The correct answer is (a). 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: The correct answer is (a). 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: The correct answer is (a). 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), 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 of 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 matter 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), 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 of 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 matter 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), 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 of 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 matter 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, subject to limited exceptions, 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, subject to limited exceptions, 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, subject to limited exceptions, 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. Borimir has requested the Ontario government to provide him with access to certain hospital foundation records. He did not provide the reasoning for the request. On what basis may the Ontario government deny Borimir’s request?
Correct
Solution: The correct answer is (a). Hospital foundation records are an example of records excluded under Ontario legislation (see s. 65(5.4) of the Ontario Freedom of Information and Protection of Privacy Act (“FIPPA”)). Therefore, this is a good reason for the Ontario government to deny Borimir’s request. (b) is incorrect – generally speaking, a purpose does not need to be provided to make an access to information request; therefore, denying it on those grounds would not make sense. (c) is incorrect because the fact that a government institution did not create the record is not reason alone to deny disclosure. (d) is incorrect – whether records can be accessed through litigation does not affect the right of access to such records.
Incorrect
Solution: The correct answer is (a). Hospital foundation records are an example of records excluded under Ontario legislation (see s. 65(5.4) of the Ontario Freedom of Information and Protection of Privacy Act (“FIPPA”)). Therefore, this is a good reason for the Ontario government to deny Borimir’s request. (b) is incorrect – generally speaking, a purpose does not need to be provided to make an access to information request; therefore, denying it on those grounds would not make sense. (c) is incorrect because the fact that a government institution did not create the record is not reason alone to deny disclosure. (d) is incorrect – whether records can be accessed through litigation does not affect the right of access to such records.
Unattempted
Solution: The correct answer is (a). Hospital foundation records are an example of records excluded under Ontario legislation (see s. 65(5.4) of the Ontario Freedom of Information and Protection of Privacy Act (“FIPPA”)). Therefore, this is a good reason for the Ontario government to deny Borimir’s request. (b) is incorrect – generally speaking, a purpose does not need to be provided to make an access to information request; therefore, denying it on those grounds would not make sense. (c) is incorrect because the fact that a government institution did not create the record is not reason alone to deny disclosure. (d) is incorrect – whether records can be accessed through litigation does not affect the right of access to such records.
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Question 73 of 80
73. Question
Category: Public Law73. In a judicial review application regarding the interpretation of whether certain records are “in the custody or control” of an institution under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the applicant argues that the court should apply the correctness standard rather than the reasonableness standard. In order to successfully advocate for the correctness standard to apply, demonstrating which of the following would be most beneficial for the applicant?
Correct
Solution: The correct answer is (c). The presumption is that the standard of review is reasonableness. There are only a few ways this presumption can be rebutted, one being by demonstrating that the issue is a general question of law of central importance to the legal system as a whole. Option (a) is incorrect because merely raising an important legal issue in the context of access to records does not automatically qualify as a general question of law of central importance to the legal system as a whole. Options (b) and (d) are incorrect because they do not reflect recognized exceptions to the presumption of reasonableness. The presumption can only be rebutted by demonstrating:
(i) a constitutional question,
(ii) a question of jurisdictional boundaries between decision-makers, or
(iii) a general question of law of central importance to the legal system.
Note that the fact pattern in this question is partially based on a recent case heard before the Privacy Commissioner of Ontario (Teper v. Information and Privacy Commissioner of Ontario, 2025 ONSC 1717, dated March 20, 2025). In that case, the applicant unsuccessfully argued that the standard of review used should be correctness and focused on the importance of the question raised. In para [27] of the decision, the court noted “The question raised in this case may be an important legal issue, but the mere fact that there is a question on an important legal issue or of wider public concern is insufficient for a question to be a question of law of central importance.”
Incorrect
Solution: The correct answer is (c). The presumption is that the standard of review is reasonableness. There are only a few ways this presumption can be rebutted, one being by demonstrating that the issue is a general question of law of central importance to the legal system as a whole. Option (a) is incorrect because merely raising an important legal issue in the context of access to records does not automatically qualify as a general question of law of central importance to the legal system as a whole. Options (b) and (d) are incorrect because they do not reflect recognized exceptions to the presumption of reasonableness. The presumption can only be rebutted by demonstrating:
(i) a constitutional question,
(ii) a question of jurisdictional boundaries between decision-makers, or
(iii) a general question of law of central importance to the legal system.
Note that the fact pattern in this question is partially based on a recent case heard before the Privacy Commissioner of Ontario (Teper v. Information and Privacy Commissioner of Ontario, 2025 ONSC 1717, dated March 20, 2025). In that case, the applicant unsuccessfully argued that the standard of review used should be correctness and focused on the importance of the question raised. In para [27] of the decision, the court noted “The question raised in this case may be an important legal issue, but the mere fact that there is a question on an important legal issue or of wider public concern is insufficient for a question to be a question of law of central importance.”
Unattempted
Solution: The correct answer is (c). The presumption is that the standard of review is reasonableness. There are only a few ways this presumption can be rebutted, one being by demonstrating that the issue is a general question of law of central importance to the legal system as a whole. Option (a) is incorrect because merely raising an important legal issue in the context of access to records does not automatically qualify as a general question of law of central importance to the legal system as a whole. Options (b) and (d) are incorrect because they do not reflect recognized exceptions to the presumption of reasonableness. The presumption can only be rebutted by demonstrating:
(i) a constitutional question,
(ii) a question of jurisdictional boundaries between decision-makers, or
(iii) a general question of law of central importance to the legal system.
Note that the fact pattern in this question is partially based on a recent case heard before the Privacy Commissioner of Ontario (Teper v. Information and Privacy Commissioner of Ontario, 2025 ONSC 1717, dated March 20, 2025). In that case, the applicant unsuccessfully argued that the standard of review used should be correctness and focused on the importance of the question raised. In para [27] of the decision, the court noted “The question raised in this case may be an important legal issue, but the mere fact that there is a question on an important legal issue or of wider public concern is insufficient for a question to be a question of law of central importance.”
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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: The correct answer is (b). According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not suppress 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: The correct answer is (b). According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not suppress 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: The correct answer is (b). According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not suppress 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. In a judicial review application to the Federal Court regarding a decision made by a government agency, the applicant has served their record on the respondent. What is the deadline by which the respondent must serve and file their record?
Correct
Solution: The correct answer is (b). According to Section 310(1) of the Federal Court Rules, a respondent to an application must serve and file their record within 20 days after service of the applicant’s record.
Incorrect
Solution: The correct answer is (b). According to Section 310(1) of the Federal Court Rules, a respondent to an application must serve and file their record within 20 days after service of the applicant’s record.
Unattempted
Solution: The correct answer is (b). According to Section 310(1) of the Federal Court Rules, a respondent to an application must serve and file their record within 20 days after service of the applicant’s record.
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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 previously decided 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 previously decided 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.
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 previously decided 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.
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Question 78 of 80
78. Question
Category: Public Law78. Case Set: On December 4, 2024, a law enacted by the Ontario government, the Community Care and Recovery Act, 2024, came into force. Among other things, the Act prohibits any person from establishing or operating a supervised drug consumption site at a location less than 200 metres from a designated premise, such as a school or child care centre. The Act aims to protect children, families, and individuals struggling with addiction by restricting supervised consumption sites. A person that acts contrary to the Act may be subject to certain penalties. A group that runs a supervised consumption site in Ontario, along with two of its users (together, the “claimants”), launched a lawsuit against the province, arguing that the law violates both the Canadian Charter of Rights and Freedoms and the Constitution Act, 1867. The claimants approach Simran, a lawyer, for advice on pursuing their claim.
Before acting for the claimants, what must Simran do?
Correct
Solution: The correct answer is (c). According to Rule 3.4-5 of the Rules of Professional Conduct, a lawyer must inform each client when acting for more than one party about the potential for a conflict and the possibility of withdrawing if the conflict cannot be resolved. (a) is incorrect since it is not required by the Rules. (b) is incorrect because Rule 3.4-5(b) states the opposite, which is that no information received from one client can be treated as confidential from the others. (d) is not required by the Rules, although it is good practice.
Note: This case set is partially based on real-life facts. As of spring 2025, the claimants’ challenge remains before the courts.
Incorrect
Solution: The correct answer is (c). According to Rule 3.4-5 of the Rules of Professional Conduct, a lawyer must inform each client when acting for more than one party about the potential for a conflict and the possibility of withdrawing if the conflict cannot be resolved. (a) is incorrect since it is not required by the Rules. (b) is incorrect because Rule 3.4-5(b) states the opposite, which is that no information received from one client can be treated as confidential from the others. (d) is not required by the Rules, although it is good practice.
Note: This case set is partially based on real-life facts. As of spring 2025, the claimants’ challenge remains before the courts.
Unattempted
Solution: The correct answer is (c). According to Rule 3.4-5 of the Rules of Professional Conduct, a lawyer must inform each client when acting for more than one party about the potential for a conflict and the possibility of withdrawing if the conflict cannot be resolved. (a) is incorrect since it is not required by the Rules. (b) is incorrect because Rule 3.4-5(b) states the opposite, which is that no information received from one client can be treated as confidential from the others. (d) is not required by the Rules, although it is good practice.
Note: This case set is partially based on real-life facts. As of spring 2025, the claimants’ challenge remains before the courts.
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Question 79 of 80
79. Question
Category: Public Law79. Case Set: On December 4, 2024, a law enacted by the Ontario government, the Community Care and Recovery Act, 2024, came into force. Among other things, the Act prohibits any person from establishing or operating a supervised drug consumption site at a location less than 200 metres from a designated premise, such as a school or child care centre. The Act aims to protect children, families, and individuals struggling with addiction by restricting supervised consumption sites. A person that acts contrary to the Act may be subject to certain penalties. A group that runs a supervised consumption site in Ontario, along with two of its users (together, the “claimants”), launched a lawsuit against the province, arguing that the law violates both the Canadian Charter of Rights and Freedoms and the Constitution Act, 1867. The claimants approach Simran, a lawyer, for advice on pursuing their claim.
The claimants challenge the Community Care and Recovery Act, 2024 on the basis that it exceeds provincial jurisdiction by seeking to suppress a socially undesirable practice, which they claim is an area of criminal law and falls under federal authority. What is the claimants’ best argument to support their challenge?
Correct
Solution: The correct answer is (c). For a law to be valid under the federal criminal law power in section 91(27) of the Constitution Act, 1867, it must include a prohibition backed by a penalty for a criminal law purpose. According to the Margarine Reference, a criminal law purpose can include matters related to health or morality. Given the Act contains prohibitions and penalties, the claimants can argue that these measures are for a criminal law purpose, making it a matter of federal jurisdiction. (a) is incorrect because provinces can impose penalties for violations of provincial laws under section 92(15) of the Constitution Act, 1867. For example, Ontario’s Highway Traffic Act imposes penalties, including jail time, for certain offences. (b) is incorrect because regulating the location of consumption sites falls under provincial jurisdiction, not business regulation. (d) is incorrect because while the Act addresses public health and safety, those matters do not exclusively fall under provincial jurisdiction, making it a weak argument. Overall, (c) presents the strongest jurisdictional challenge.
Incorrect
Solution: The correct answer is (c). For a law to be valid under the federal criminal law power in section 91(27) of the Constitution Act, 1867, it must include a prohibition backed by a penalty for a criminal law purpose. According to the Margarine Reference, a criminal law purpose can include matters related to health or morality. Given the Act contains prohibitions and penalties, the claimants can argue that these measures are for a criminal law purpose, making it a matter of federal jurisdiction. (a) is incorrect because provinces can impose penalties for violations of provincial laws under section 92(15) of the Constitution Act, 1867. For example, Ontario’s Highway Traffic Act imposes penalties, including jail time, for certain offences. (b) is incorrect because regulating the location of consumption sites falls under provincial jurisdiction, not business regulation. (d) is incorrect because while the Act addresses public health and safety, those matters do not exclusively fall under provincial jurisdiction, making it a weak argument. Overall, (c) presents the strongest jurisdictional challenge.
Unattempted
Solution: The correct answer is (c). For a law to be valid under the federal criminal law power in section 91(27) of the Constitution Act, 1867, it must include a prohibition backed by a penalty for a criminal law purpose. According to the Margarine Reference, a criminal law purpose can include matters related to health or morality. Given the Act contains prohibitions and penalties, the claimants can argue that these measures are for a criminal law purpose, making it a matter of federal jurisdiction. (a) is incorrect because provinces can impose penalties for violations of provincial laws under section 92(15) of the Constitution Act, 1867. For example, Ontario’s Highway Traffic Act imposes penalties, including jail time, for certain offences. (b) is incorrect because regulating the location of consumption sites falls under provincial jurisdiction, not business regulation. (d) is incorrect because while the Act addresses public health and safety, those matters do not exclusively fall under provincial jurisdiction, making it a weak argument. Overall, (c) presents the strongest jurisdictional challenge.
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Question 80 of 80
80. Question
Category: Public Law80. Case Set: On December 4, 2024, a law enacted by the Ontario government, the Community Care and Recovery Act, 2024, came into force. Among other things, the Act prohibits any person from establishing or operating a supervised drug consumption site at a location less than 200 metres from a designated premise, such as a school or child care centre. The Act aims to protect children, families, and individuals struggling with addiction by restricting supervised consumption sites. A person that acts contrary to the Act may be subject to certain penalties. A group that runs a supervised consumption site in Ontario, along with two of its users (together, the “claimants”), launched a lawsuit against the province, arguing that the law violates both the Canadian Charter of Rights and Freedoms and the Constitution Act, 1867. The claimants approach Simran, a lawyer, for advice on pursuing their claim.
The claimants argue that the Community Care and Recovery Act, 2024 infringes Section 7 of the Canadian Charter of Rights and Freedoms, which protects life, liberty, and security of the person. In addition to showing an infringement of life, liberty, and security of the person, what else must the claimants prove to successfully challenge the Act under Section 7 of the Charter?
Correct
Solution: The correct answer is (c). To successfully challenge the Act under Section 7 of the Charter, the claimants must demonstrate not only that their right to life, liberty, or security of the person has been infringed but also that the law violates a principle of fundamental justice. According to R. v. Malmo-Levine, a principle of fundamental justice must: (i) be a legal principle, (ii) be widely accepted as essential to the fairness of the legal system, and (iii) provide a manageable standard for assessing deprivations of rights. (a) is incorrect because it introduces a reasonableness and justification element, which applies under Section 1 of the Charter, not Section 7. (b) is incorrect because it confuses the Section 1 justification test with the requirement to show a breach of a fundamental principle. (d) is incorrect because while gross disproportionality is one potential way to establish a violation of a principle of fundamental justice, it is not required. Thus, (c) is the correct answer.
Incorrect
Solution: The correct answer is (c). To successfully challenge the Act under Section 7 of the Charter, the claimants must demonstrate not only that their right to life, liberty, or security of the person has been infringed but also that the law violates a principle of fundamental justice. According to R. v. Malmo-Levine, a principle of fundamental justice must: (i) be a legal principle, (ii) be widely accepted as essential to the fairness of the legal system, and (iii) provide a manageable standard for assessing deprivations of rights. (a) is incorrect because it introduces a reasonableness and justification element, which applies under Section 1 of the Charter, not Section 7. (b) is incorrect because it confuses the Section 1 justification test with the requirement to show a breach of a fundamental principle. (d) is incorrect because while gross disproportionality is one potential way to establish a violation of a principle of fundamental justice, it is not required. Thus, (c) is the correct answer.
Unattempted
Solution: The correct answer is (c). To successfully challenge the Act under Section 7 of the Charter, the claimants must demonstrate not only that their right to life, liberty, or security of the person has been infringed but also that the law violates a principle of fundamental justice. According to R. v. Malmo-Levine, a principle of fundamental justice must: (i) be a legal principle, (ii) be widely accepted as essential to the fairness of the legal system, and (iii) provide a manageable standard for assessing deprivations of rights. (a) is incorrect because it introduces a reasonableness and justification element, which applies under Section 1 of the Charter, not Section 7. (b) is incorrect because it confuses the Section 1 justification test with the requirement to show a breach of a fundamental principle. (d) is incorrect because while gross disproportionality is one potential way to establish a violation of a principle of fundamental justice, it is not required. Thus, (c) is the correct answer.