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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:
0/0
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Public Law:
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Question 1 of 80
1. Question
Category: Civil Litigation1. On April 10, 2022, Ivan went on a vacation to Denmark. On May 2, 2022, he returned to Ontario and was disappointed to find that his suitcase was badly damaged. To his dismay, his personal belongings inside his suitcase, valued at $20,000, were completely ruined. Two days later, Ivan consults with a lawyer, hoping to obtain a satisfactory remedy from the airline. What should the lawyer advise Ivan to do?
Correct
Solution: The correct answer is (b). According to section 26(2)-(3) of the Carriage by Air Act, no action may be commenced against a carrier unless a notice has been sent to the carrier within three days of receiving the baggage. Since Ivan received the baggage on May 2, 2022, and it has only been two days, he can and should still provide a notice at this time. If, after providing the notice, the airline does not provide a satisfactory remedy, at that time he would be able to commence an action.
Incorrect
Solution: The correct answer is (b). According to section 26(2)-(3) of the Carriage by Air Act, no action may be commenced against a carrier unless a notice has been sent to the carrier within three days of receiving the baggage. Since Ivan received the baggage on May 2, 2022, and it has only been two days, he can and should still provide a notice at this time. If, after providing the notice, the airline does not provide a satisfactory remedy, at that time he would be able to commence an action.
Unattempted
Solution: The correct answer is (b). According to section 26(2)-(3) of the Carriage by Air Act, no action may be commenced against a carrier unless a notice has been sent to the carrier within three days of receiving the baggage. Since Ivan received the baggage on May 2, 2022, and it has only been two days, he can and should still provide a notice at this time. If, after providing the notice, the airline does not provide a satisfactory remedy, at that time he would be able to commence an action.
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Question 2 of 80
2. Question
Category: Civil Litigation2. Ashika invited her friends over to celebrate her birthday. During the gathering, her friend, Toko, suddenly threw a football inside her home, hitting an expensive painting, and causing it to shatter into pieces. The painting was jointly owned by Ashika and her roommate. Ashika would like to commence an action against Toko, but her roommate was adamant that she would not join her in the action, as she valued her friendship with Toko over money. Ashika instructs her lawyer to commence an action against Toko. Which of the following is true?
Correct
Solution: According to rule 5.04(1) of the Rules of Civil Procedure, no proceeding should be defeated by reason of non-joinder of a party, and the court may determine the issues in dispute so far as they affect the rights of the parties to the proceeding, and pronounce judgment without prejudice to the rights of all persons who are not parties. Given this, while Ashika may commence an action to recover damages from Toko, she will not be entitled to the full amount given that she jointly owns the painting with her roommate. If the full amount was granted, it would prejudice her roommate’s rights, contrary to r. 5.04(1). Therefore, the correct answer is (d). Note that (c) is incorrect because there is no basis to claim that Ashika may be contributorily negligent.
Incorrect
Solution: According to rule 5.04(1) of the Rules of Civil Procedure, no proceeding should be defeated by reason of non-joinder of a party, and the court may determine the issues in dispute so far as they affect the rights of the parties to the proceeding, and pronounce judgment without prejudice to the rights of all persons who are not parties. Given this, while Ashika may commence an action to recover damages from Toko, she will not be entitled to the full amount given that she jointly owns the painting with her roommate. If the full amount was granted, it would prejudice her roommate’s rights, contrary to r. 5.04(1). Therefore, the correct answer is (d). Note that (c) is incorrect because there is no basis to claim that Ashika may be contributorily negligent.
Unattempted
Solution: According to rule 5.04(1) of the Rules of Civil Procedure, no proceeding should be defeated by reason of non-joinder of a party, and the court may determine the issues in dispute so far as they affect the rights of the parties to the proceeding, and pronounce judgment without prejudice to the rights of all persons who are not parties. Given this, while Ashika may commence an action to recover damages from Toko, she will not be entitled to the full amount given that she jointly owns the painting with her roommate. If the full amount was granted, it would prejudice her roommate’s rights, contrary to r. 5.04(1). Therefore, the correct answer is (d). Note that (c) is incorrect because there is no basis to claim that Ashika may be contributorily negligent.
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Question 3 of 80
3. Question
Category: Civil Litigation3. What is one key consideration when personally serving a corporation?
Correct
Solution: The correct answer is (b); one key consideration is whether the person served is in control or management of the place of business. (a) is incorrect, there is no such requirement; (c) and (d) are also incorrect because depending on the circumstances, a CEO or Managing Director may or may not be the right individuals to serve.
Incorrect
Solution: The correct answer is (b); one key consideration is whether the person served is in control or management of the place of business. (a) is incorrect, there is no such requirement; (c) and (d) are also incorrect because depending on the circumstances, a CEO or Managing Director may or may not be the right individuals to serve.
Unattempted
Solution: The correct answer is (b); one key consideration is whether the person served is in control or management of the place of business. (a) is incorrect, there is no such requirement; (c) and (d) are also incorrect because depending on the circumstances, a CEO or Managing Director may or may not be the right individuals to serve.
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Question 4 of 80
4. Question
Category: Civil Litigation4. Constantine is a lawyer who is representing her client, Ted, in a civil matter. In the midst of legal proceedings, the court finds that Constantine is a necessary witness in the matter, and orders her to testify. How should Constantine proceed?
Correct
Solution: According to rule 5.2-1 of the Rules of Professional Conduct, along with its respective commentary, when a lawyer is ordered to act as a witness, the lawyer must testify and “entrust the conduct of the case to another lawyer.” Therefore, the best answer is (c). Accordingly, (a) blatantly violates r. 5.2-1. Furthermore, commentary [1] of r. 5.2-1 notes that the lawyer should not expect to receive special treatment because of their professional status, which is why (b) is not a good answer. Finally, (d) is incorrect because commentary [1] also notes that a lawyer should not express personal opinions when testifying.
Incorrect
Solution: According to rule 5.2-1 of the Rules of Professional Conduct, along with its respective commentary, when a lawyer is ordered to act as a witness, the lawyer must testify and “entrust the conduct of the case to another lawyer.” Therefore, the best answer is (c). Accordingly, (a) blatantly violates r. 5.2-1. Furthermore, commentary [1] of r. 5.2-1 notes that the lawyer should not expect to receive special treatment because of their professional status, which is why (b) is not a good answer. Finally, (d) is incorrect because commentary [1] also notes that a lawyer should not express personal opinions when testifying.
Unattempted
Solution: According to rule 5.2-1 of the Rules of Professional Conduct, along with its respective commentary, when a lawyer is ordered to act as a witness, the lawyer must testify and “entrust the conduct of the case to another lawyer.” Therefore, the best answer is (c). Accordingly, (a) blatantly violates r. 5.2-1. Furthermore, commentary [1] of r. 5.2-1 notes that the lawyer should not expect to receive special treatment because of their professional status, which is why (b) is not a good answer. Finally, (d) is incorrect because commentary [1] also notes that a lawyer should not express personal opinions when testifying.
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Question 5 of 80
5. Question
Category: Civil Litigation5. Fratello commenced an action against his former employer and was successful in obtaining damages and postjudgment interest. If the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the date of the order fell was 1.75%, what will the postjudgment interest rate be?
Correct
Solution: According to section 127(1) of the Courts of Justice Act, the postjudgment interest rate is the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the date of the order fell, rounded to the next higher whole number where the bank rate includes a fraction, plus 1%. Therefore, 1.75% must be rounded up to 2.00%, plus 1% = 3.00%. The correct answer is (c).
Incorrect
Solution: According to section 127(1) of the Courts of Justice Act, the postjudgment interest rate is the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the date of the order fell, rounded to the next higher whole number where the bank rate includes a fraction, plus 1%. Therefore, 1.75% must be rounded up to 2.00%, plus 1% = 3.00%. The correct answer is (c).
Unattempted
Solution: According to section 127(1) of the Courts of Justice Act, the postjudgment interest rate is the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the date of the order fell, rounded to the next higher whole number where the bank rate includes a fraction, plus 1%. Therefore, 1.75% must be rounded up to 2.00%, plus 1% = 3.00%. The correct answer is (c).
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Question 6 of 80
6. Question
Category: Civil Litigation6. Anh, a lawyer, is acting as defence counsel for her client, Makena. To save costs, Makena instructs Anh to examine witnesses through a written examination. After being served with the questions, how long will the witnesses have to provide answers?
Correct
Solution: According to R. 35.02(1) of the Rules of Civil Procedure, after a person is served with the questions in a written examination, they must reply to them within 15 days.
Incorrect
Solution: According to R. 35.02(1) of the Rules of Civil Procedure, after a person is served with the questions in a written examination, they must reply to them within 15 days.
Unattempted
Solution: According to R. 35.02(1) of the Rules of Civil Procedure, after a person is served with the questions in a written examination, they must reply to them within 15 days.
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Question 7 of 80
7. Question
Category: Civil Litigation7. Benny, a lawyer, is representing his client, Manuela, in a civil litigation matter. Manuela has commenced an action against her former friend, Gilbert, seeking $30,000 in damages. Weeks before the trial date, Benny received a $5,000 offer to settle from Gilbert. Benny was outraged at the offer and felt it was unfairly low. How should Benny proceed?
Correct
Solution: According to rule 3.2-4 of the Rules of Professional Conduct, a lawyer must encourage their client to compromise or settle a dispute whenever possible. To do this, the lawyer must present their client with any offers to settle received from opposing counsel. Therefore, the answer is (c). Despite what Benny thinks, he must still present the offer to settle with Manuela. All the other answer choices are inappropriate given that Benny has not consulted with Manuela.
Incorrect
Solution: According to rule 3.2-4 of the Rules of Professional Conduct, a lawyer must encourage their client to compromise or settle a dispute whenever possible. To do this, the lawyer must present their client with any offers to settle received from opposing counsel. Therefore, the answer is (c). Despite what Benny thinks, he must still present the offer to settle with Manuela. All the other answer choices are inappropriate given that Benny has not consulted with Manuela.
Unattempted
Solution: According to rule 3.2-4 of the Rules of Professional Conduct, a lawyer must encourage their client to compromise or settle a dispute whenever possible. To do this, the lawyer must present their client with any offers to settle received from opposing counsel. Therefore, the answer is (c). Despite what Benny thinks, he must still present the offer to settle with Manuela. All the other answer choices are inappropriate given that Benny has not consulted with Manuela.
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Question 8 of 80
8. Question
Category: Civil Litigation8. The simplified procedure under rule 76 of the Rules of Civil Procedure may be used in which of the following cases?
Correct
Solution: According to Rule 76.01(1) of the Rules of Civil Procedure, the simplified procedure can be used in most civil proceedings. Exceptions include for actions under the Class Proceedings Act, 1992, the Construction Act (except those involving trust claims), actions where a jury notice was provided, or family law proceedings. Therefore, because (c) involves a trust claim under the Construction Act, the simplified procedure can be used.
Incorrect
Solution: According to Rule 76.01(1) of the Rules of Civil Procedure, the simplified procedure can be used in most civil proceedings. Exceptions include for actions under the Class Proceedings Act, 1992, the Construction Act (except those involving trust claims), actions where a jury notice was provided, or family law proceedings. Therefore, because (c) involves a trust claim under the Construction Act, the simplified procedure can be used.
Unattempted
Solution: According to Rule 76.01(1) of the Rules of Civil Procedure, the simplified procedure can be used in most civil proceedings. Exceptions include for actions under the Class Proceedings Act, 1992, the Construction Act (except those involving trust claims), actions where a jury notice was provided, or family law proceedings. Therefore, because (c) involves a trust claim under the Construction Act, the simplified procedure can be used.
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Question 9 of 80
9. Question
Category: Civil Litigation9. In April 2022, Hakeem was biking in downtown Toronto, Ontario. As he biked by a parked vehicle, the driver of the vehicle, Joe, opened the door, causing Hakeem to bike into the vehicle’s door on the driver side, and suffer a severe head injury. Hakeem subsequently commenced a lawsuit against Joe. As part of the discovery process, Hakeem would like to inspect Joe’s vehicle. Furthermore, he would like to conduct tests of the vehicle’s front, passenger side door, to prove how far it can open. To do this, Hakeem will have to convince the court of which of the following?
Correct
Solution: According to r. 32.01(1)(c) of the Rules of Civil Procedure, for experiments or “testing” to be ordered, one has to prove that they are necessary for the proper determination of an issue in the proceeding. Therefore, the best answer is (b).
Incorrect
Solution: According to r. 32.01(1)(c) of the Rules of Civil Procedure, for experiments or “testing” to be ordered, one has to prove that they are necessary for the proper determination of an issue in the proceeding. Therefore, the best answer is (b).
Unattempted
Solution: According to r. 32.01(1)(c) of the Rules of Civil Procedure, for experiments or “testing” to be ordered, one has to prove that they are necessary for the proper determination of an issue in the proceeding. Therefore, the best answer is (b).
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Question 10 of 80
10. Question
Category: Civil Litigation10. Linda previously represented George in an estates matter. Linda will now be representing both George and Choo in the incorporation of a new company. Beyond advising Choo of her continuing relationship with George, what additional obligation does Linda have to Choo?
Correct
Solution: In accordance with the joint retainer rules in rr. 3.4-5 – 3.4-9 of the Rules of Professional Conduct, Linda should recommend that Choo receives independent legal advice. Therefore, the correct answer choice is (d).
Incorrect
Solution: In accordance with the joint retainer rules in rr. 3.4-5 – 3.4-9 of the Rules of Professional Conduct, Linda should recommend that Choo receives independent legal advice. Therefore, the correct answer choice is (d).
Unattempted
Solution: In accordance with the joint retainer rules in rr. 3.4-5 – 3.4-9 of the Rules of Professional Conduct, Linda should recommend that Choo receives independent legal advice. Therefore, the correct answer choice is (d).
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Question 11 of 80
11. Question
Category: Civil Litigation11. The Court of Ontario is made up of which of the following two divisions?
Correct
Solution: According to Section 10(2) of the Courts of Justice Act, the Court of Ontario is made up of the Ontario Court of Justice and the Superior Court of Justice. Therefore, the correct answer is (b).
Incorrect
Solution: According to Section 10(2) of the Courts of Justice Act, the Court of Ontario is made up of the Ontario Court of Justice and the Superior Court of Justice. Therefore, the correct answer is (b).
Unattempted
Solution: According to Section 10(2) of the Courts of Justice Act, the Court of Ontario is made up of the Ontario Court of Justice and the Superior Court of Justice. Therefore, the correct answer is (b).
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Question 12 of 80
12. Question
Category: Civil Litigation12. Which of the following motions must be heard by a judge rather than an associate judge?
Correct
Solution: The correct answer choice is (a). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge (formerly called a case management master) does not have jurisdiction to hear a motion for judgment on consent in favour of or against a party under disability, which includes a minor. The other options do not fall under any of the exceptions listed in Rule 37.02(2), and courts have explicitly found that associate judges have jurisdiction to hear such motions. See Metrin Mechanical v Big H (2001) for a motion relating to solicitor’s liens (b); see Ruby & Edwardh v Jaffe (1986) for a motion relating to set aside the report of an Assessment Officer (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum (d).
Incorrect
Solution: The correct answer choice is (a). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge (formerly called a case management master) does not have jurisdiction to hear a motion for judgment on consent in favour of or against a party under disability, which includes a minor. The other options do not fall under any of the exceptions listed in Rule 37.02(2), and courts have explicitly found that associate judges have jurisdiction to hear such motions. See Metrin Mechanical v Big H (2001) for a motion relating to solicitor’s liens (b); see Ruby & Edwardh v Jaffe (1986) for a motion relating to set aside the report of an Assessment Officer (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum (d).
Unattempted
Solution: The correct answer choice is (a). As noted in Rule 37.02(2) of the Rules of Civil Procedure, an associate judge (formerly called a case management master) does not have jurisdiction to hear a motion for judgment on consent in favour of or against a party under disability, which includes a minor. The other options do not fall under any of the exceptions listed in Rule 37.02(2), and courts have explicitly found that associate judges have jurisdiction to hear such motions. See Metrin Mechanical v Big H (2001) for a motion relating to solicitor’s liens (b); see Ruby & Edwardh v Jaffe (1986) for a motion relating to set aside the report of an Assessment Officer (c); and see Cooke v Cooke (1985; 53 OR 2d) for a motion to stay an action on the basis of convenience of forum (d).
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Question 13 of 80
13. Question
Category: Civil Litigation13. In most cases, costs in a proceeding are awarded on which scale?
Correct
Solution: In most cases, costs are awarded on a “partial indemnity scale.” Therefore, (a) is the correct answer.
Incorrect
Solution: In most cases, costs are awarded on a “partial indemnity scale.” Therefore, (a) is the correct answer.
Unattempted
Solution: In most cases, costs are awarded on a “partial indemnity scale.” Therefore, (a) is the correct answer.
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Question 14 of 80
14. Question
Category: Civil Litigation14. Saba is representing Joel in a trial scheduled in two days. Joel is anxious to proceed and is having second thoughts about going to trial. For now, Joel would like more time to consider his options and thinks it would be best to adjourn the trial. What is the best way for Saba to proceed?
Correct
Solution: The correct answer choice is (b). Historically, a court or tribunal is unlikely to grant an adjournment because a party is merely “anxious” or is having second thoughts (see for example paragraph 6 of the 2021 Ontario Social Benefits Tribunal decision, 1907-05496 (Re), 2021 ONSBT 194). Joel should be advised accordingly. (a) is a weaker answer; such a filing should not be made until Joel is advised of the most probable outcome and consents to the filing. (c) is incorrect since proceeding strictly on Joel’s instructions here without warning him of the likely outcome could seriously prejudice him. Finally, (d) is incorrect – this does not provide grounds for withdrawal.
Incorrect
Solution: The correct answer choice is (b). Historically, a court or tribunal is unlikely to grant an adjournment because a party is merely “anxious” or is having second thoughts (see for example paragraph 6 of the 2021 Ontario Social Benefits Tribunal decision, 1907-05496 (Re), 2021 ONSBT 194). Joel should be advised accordingly. (a) is a weaker answer; such a filing should not be made until Joel is advised of the most probable outcome and consents to the filing. (c) is incorrect since proceeding strictly on Joel’s instructions here without warning him of the likely outcome could seriously prejudice him. Finally, (d) is incorrect – this does not provide grounds for withdrawal.
Unattempted
Solution: The correct answer choice is (b). Historically, a court or tribunal is unlikely to grant an adjournment because a party is merely “anxious” or is having second thoughts (see for example paragraph 6 of the 2021 Ontario Social Benefits Tribunal decision, 1907-05496 (Re), 2021 ONSBT 194). Joel should be advised accordingly. (a) is a weaker answer; such a filing should not be made until Joel is advised of the most probable outcome and consents to the filing. (c) is incorrect since proceeding strictly on Joel’s instructions here without warning him of the likely outcome could seriously prejudice him. Finally, (d) is incorrect – this does not provide grounds for withdrawal.
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Question 15 of 80
15. Question
Category: Civil Litigation15. Fahad seeks to commence an application for a determination of his rights under a contract. To whom must this application be made?
Correct
Solution: According to rule 38.02 of the Rules of Civil Procedure, an application must be made to a judge. This will be a judge of the Superior Court of Justice, unless it is an application for judicial review, which would be made to a judge of the Divisional Court of Justice. This does not involve a judicial review application, and hence it must be made to a judge of the Superior Court of Justice. The correct answer is therefore (b).
Incorrect
Solution: According to rule 38.02 of the Rules of Civil Procedure, an application must be made to a judge. This will be a judge of the Superior Court of Justice, unless it is an application for judicial review, which would be made to a judge of the Divisional Court of Justice. This does not involve a judicial review application, and hence it must be made to a judge of the Superior Court of Justice. The correct answer is therefore (b).
Unattempted
Solution: According to rule 38.02 of the Rules of Civil Procedure, an application must be made to a judge. This will be a judge of the Superior Court of Justice, unless it is an application for judicial review, which would be made to a judge of the Divisional Court of Justice. This does not involve a judicial review application, and hence it must be made to a judge of the Superior Court of Justice. The correct answer is therefore (b).
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Question 16 of 80
16. Question
Category: Civil Litigation16. A trial is being held in Ontario. If a party seeks to summons a witness in British Columbia to attend the trial, which source of law will be relevant?
Correct
Solution: R. 53.05 of the Rules of Civil Procedure provides that a summons to a witness outside of Ontario to compel their attendance under the Interprovincial Summonses Act shall be in Form 53C. Therefore, (a) is the correct answer. (b) is only applicable when summonsing a witness located in Quebec.
Incorrect
Solution: R. 53.05 of the Rules of Civil Procedure provides that a summons to a witness outside of Ontario to compel their attendance under the Interprovincial Summonses Act shall be in Form 53C. Therefore, (a) is the correct answer. (b) is only applicable when summonsing a witness located in Quebec.
Unattempted
Solution: R. 53.05 of the Rules of Civil Procedure provides that a summons to a witness outside of Ontario to compel their attendance under the Interprovincial Summonses Act shall be in Form 53C. Therefore, (a) is the correct answer. (b) is only applicable when summonsing a witness located in Quebec.
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Question 17 of 80
17. Question
Category: Civil Litigation17. Ronald is a 52-year-old recent law graduate who interviewed at ABC LLP. Following the interview, ABC LLP informed Ronald that he would not be receiving an offer. Upon request, one of Ronald’s interviewers, Mason – who is a seasoned lawyer – provided Ronald with feedback three weeks following his interview. Mason noted that Ronald was “charismatic and well-spoken, but older than other candidates” and that “he has a bright future ahead, and any firm would be fortunate to have him.” Ronald approached an employment lawyer seeking advice on ABC LLP’s interview process, including Mason’s feedback. Which of the following statements by the employment lawyer would be most accurate?
Correct
Solution: According to r.2.1-1 and commentary in the Rules of Professional Conduct, lawyers have a special responsibility to recognize the diversity of the public they serve. Lawyers must comply with the human rights laws of Ontario, which includes not discriminating on several enumerated grounds, including age. Therefore, (b) is the best answer. By noting that Ronald is “older than other candidates” Ronald seems to have implied that age was a factor in the ultimate hiring decision, which would be a form of discrimination, and hence a breach of the Rules of Professional Conduct.
With (a) – intent does not matter when it comes to discrimination, but rather it is the effect of the words that matter. (c) – it would be inaccurate to say they should have hired Ronald, although they should not have discriminated against Ronald in the hiring process. (d) – The firm took three weeks to provide feedback. While that does seem somewhat long, it would be a stretch to say ABC LLP had a duty to provide feedback sooner.
Incorrect
Solution: According to r.2.1-1 and commentary in the Rules of Professional Conduct, lawyers have a special responsibility to recognize the diversity of the public they serve. Lawyers must comply with the human rights laws of Ontario, which includes not discriminating on several enumerated grounds, including age. Therefore, (b) is the best answer. By noting that Ronald is “older than other candidates” Ronald seems to have implied that age was a factor in the ultimate hiring decision.
With (a) – intent does not matter when it comes to discrimination, but rather it is the effect of the words that matter. (c) – it would be inaccurate to say they should have hired Ronald, although they should not have discriminated against Ronald in the hiring process. (d) – The firm took three weeks to provide feedback. While that does seem somewhat long, it would be a stretch to say ABC LLP had a duty to provide feedback sooner.
Unattempted
Solution: According to r.2.1-1 and commentary in the Rules of Professional Conduct, lawyers have a special responsibility to recognize the diversity of the public they serve. Lawyers must comply with the human rights laws of Ontario, which includes not discriminating on several enumerated grounds, including age. Therefore, (b) is the best answer. By noting that Ronald is “older than other candidates” Ronald seems to have implied that age was a factor in the ultimate hiring decision.
With (a) – intent does not matter when it comes to discrimination, but rather it is the effect of the words that matter. (c) – it would be inaccurate to say they should have hired Ronald, although they should not have discriminated against Ronald in the hiring process. (d) – The firm took three weeks to provide feedback. While that does seem somewhat long, it would be a stretch to say ABC LLP had a duty to provide feedback sooner.
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Question 18 of 80
18. Question
Category: Civil Litigation18. Naomi commenced a civil litigation action in 2019. In 2020, she declared bankruptcy, and did not receive a discharge from her bankruptcy for the entire year. To continue to have standing in the civil litigation action, Naomi would have had to seek approval from which of the following individuals?
Correct
Solution: For Naomi to continue her civil litigation action, as an undischarged bankruptcy, she would need the permission of the trustee-in-bankruptcy. Therefore, (b) is correct.
Incorrect
Solution: For Naomi to continue her civil litigation action, as an undischarged bankruptcy, she would need the permission of the trustee-in-bankruptcy. Therefore, (b) is correct.
Unattempted
Solution: For Naomi to continue her civil litigation action, as an undischarged bankruptcy, she would need the permission of the trustee-in-bankruptcy. Therefore, (b) is correct.
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Question 19 of 80
19. Question
Category: Civil Litigation19. Aiza, a lawyer, is representing a plaintiff in a civil action. She is considering using surveillance to collect evidence against the defendant. Which of the following is the most important factor she should consider in determining whether collecting evidence through surveillance is reasonable in the circumstances?
Correct
Solution: According to Mountain Province Diamonds v De Beers Canada Inc (2014 ONSC, citing Eastmont v CPR (2004), at paragraph 47), in assessing the reasonableness of collection of evidence through surveillance pursuant to section 5(3) of PIPEDA, a four-part test is applied:
- Is the collection, use or disclosure of personal information necessary to meet a specific need?;
- Is the collection, use or disclosure of personal information likely to be effective in meeting that need?;
- Is the loss of privacy proportional to the benefit gained?; and
- Is there a less privacy-invasive alternative to achieve the same end?
Accordingly, the best answer is (c), which captures point (3) above. (a) is incorrect; the whole point of surveillance is that it’s done without the individual’s consent for a specific reason; (b) is incorrect and has no basis in the case law cited; and (d) is unnecessary as well.
Incorrect
Solution: According to Mountain Province Diamonds v De Beers Canada Inc (2014 ONSC, citing Eastmont v CPR (2004), at paragraph 47), in assessing the reasonableness of collection of evidence through surveillance pursuant to section 5(3) of PIPEDA, a four-part test is applied:
- Is the collection, use or disclosure of personal information necessary to meet a specific need?;
- Is the collection, use or disclosure of personal information likely to be effective in meeting that need?;
- Is the loss of privacy proportional to the benefit gained?; and
- Is there a less privacy-invasive alternative to achieve the same end?
Accordingly, the best answer is (c), which captures point (3) above. (a) is incorrect; the whole point of surveillance is that it’s done without the individual’s consent for a specific reason; (b) is incorrect and has no basis in the case law cited; and (d) is unnecessary as well.
Unattempted
Solution: According to Mountain Province Diamonds v De Beers Canada Inc (2014 ONSC, citing Eastmont v CPR (2004), at paragraph 47), in assessing the reasonableness of collection of evidence through surveillance pursuant to section 5(3) of PIPEDA, a four-part test is applied:
- Is the collection, use or disclosure of personal information necessary to meet a specific need?;
- Is the collection, use or disclosure of personal information likely to be effective in meeting that need?;
- Is the loss of privacy proportional to the benefit gained?; and
- Is there a less privacy-invasive alternative to achieve the same end?
Accordingly, the best answer is (c), which captures point (3) above. (a) is incorrect; the whole point of surveillance is that it’s done without the individual’s consent for a specific reason; (b) is incorrect and has no basis in the case law cited; and (d) is unnecessary as well.
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Question 20 of 80
20. Question
Category: Civil Litigation20. Which actions must undergo mandatory mediation?
Correct
Solution: The correct answer is (c). Rule 24.1.04(2) lists the actions where Rule 24.1 – Mandatory mediation does not apply. Note that 24.1.04(2)(e) of the Rules of Civil Procedure states that actions under the Construction Act, except trust claims, are not subject to Rule 24.1. Since answer choice (c) refers to actions involving a trust claim under the Construction Act, it therefore is covered by the mandatory mediation rule. (a) and (d) are explicitly listed in Rule 24.1.04(2) as actions that aren’t covered by Rule 24.1. With (b), rule 24.1.04(2)(b) states that all such actions where the mediation was conducted less than a year before the first defence do not have to undergo mandatory mediation; since this choice provides that the mediation was conducted three months before the first defence, Rule 24.1 therefore does not apply.
Incorrect
Solution: The correct answer is (c). Rule 24.1.04(2) lists the actions where Rule 24.1 – Mandatory mediation does not apply. Note that 24.1.04(2)(e) of the Rules of Civil Procedure states that actions under the Construction Act, except trust claims, are not subject to Rule 24.1. Since answer choice (c) refers to actions involving a trust claim under the Construction Act, it therefore is covered by the mandatory mediation rule. (a) and (d) are explicitly listed in Rule 24.1.04(2) as actions that aren’t covered by Rule 24.1. With (b), rule 24.1.04(2)(b) states that all such actions where the mediation was conducted less than a year before the first defence do not have to undergo mandatory mediation; since this choice provides that the mediation was conducted three months before the first defence, Rule 24.1 therefore does not apply.
Unattempted
Solution: The correct answer is (c). Rule 24.1.04(2) lists the actions where Rule 24.1 – Mandatory mediation does not apply. Note that 24.1.04(2)(e) of the Rules of Civil Procedure states that actions under the Construction Act, except trust claims, are not subject to Rule 24.1. Since answer choice (c) refers to actions involving a trust claim under the Construction Act, it therefore is covered by the mandatory mediation rule. (a) and (d) are explicitly listed in Rule 24.1.04(2) as actions that aren’t covered by Rule 24.1. With (b), rule 24.1.04(2)(b) states that all such actions where the mediation was conducted less than a year before the first defence do not have to undergo mandatory mediation; since this choice provides that the mediation was conducted three months before the first defence, Rule 24.1 therefore does not apply.
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Question 21 of 80
21. Question
Category: Civil Litigation21. ABC Corporation commences an action against Evangeline. Evangeline acted as guarantor for her daughter, Nani, under Nani’s lease agreement with ABC Corporation. Evangeline was told by a representative of ABC Corporation when signing the guarantee that the guarantee would be capped at two months’ rent; however, the lengthy lease agreement, which ABC Corporation is relying on in its claim against Evangeline, did not actually stipulate a cap. What should Evangeline specifically plead as a defence?
Correct
Solution: Non est factum is a contract law doctrine meaning the contracting parties mind “did not go with their signature”. It must be specifically pleaded as a defence. Here, Evangeline is essentially claiming that she was compelled to sign a document which was entirely different from what she believed she was signing, therefore, non est factum should be pleaded. The correct answer is (a). (b) is incorrect as this is only appropriate when claiming that an act is beyond the powers of a corporation; (c) is incorrect as no release was involved here; and (d) is incorrect as jurisdiction of the court is not an issue here. See Bank of Montreal v Behan, 2021 NSSC 309 at paragraph 37 for a recent case which discusses the doctrine of non est factum.
Incorrect
Solution: Non est factum is a contract law doctrine meaning the contracting parties mind “did not go with their signature”. It must be specifically pleaded as a defence. Here, Evangeline is essentially claiming that she was compelled to sign a document which was entirely different from what she believed she was signing, therefore, non est factum should be pleaded. The correct answer is (a). (b) is incorrect as this is only appropriate when claiming that an act is beyond the powers of a corporation; (c) is incorrect as no release was involved here; and (d) is incorrect as jurisdiction of the court is not an issue here. See Bank of Montreal v Behan, 2021 NSSC 309 at paragraph 37 for a recent case which discusses the doctrine of non est factum.
Unattempted
Solution: Non est factum is a contract law doctrine meaning the contracting parties mind “did not go with their signature”. It must be specifically pleaded as a defence. Here, Evangeline is essentially claiming that she was compelled to sign a document which was entirely different from what she believed she was signing, therefore, non est factum should be pleaded. The correct answer is (a). (b) is incorrect as this is only appropriate when claiming that an act is beyond the powers of a corporation; (c) is incorrect as no release was involved here; and (d) is incorrect as jurisdiction of the court is not an issue here. See Bank of Montreal v Behan, 2021 NSSC 309 at paragraph 37 for a recent case which discusses the doctrine of non est factum.
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Question 22 of 80
22. Question
Category: Civil Litigation22. Case Set: Janice, an engineer, has been sued by her former employer, XYZ Ltd. Her former employer alleges that she violated the terms of a non-solicitation agreement. Janice meets with a lawyer, Alina, to seek legal assistance. She is accompanied by her partner, Juwan.
Janice asked Alina whether she would be able to provide legal services in Spanish. She explained that her ability to understand English is somewhat limited, and Spanish is her first language. Alina does not speak Spanish. Which of the following is true?
Correct
Solution: According to Rule 3.2-2B of the Rules of Professional Conduct, a lawyer shall not undertake to advise a client in the language of their choice unless the lawyer can otherwise competently advise the client and the client consents in writing. One way a lawyer may do this is through an interpreter, who ideally should be independent of the client to avoid any conflicts of interests. Therefore, the best answer is (b). (a) is a weaker answer; since Juwan is Janice’s partner, he is not independent and would raise the issue of a conflict. (c) is incorrect – just because Alina cannot speak Spanish it does not mean she cannot provide her with legal services. Finally, (d) is incorrect since according to Rule 3.2-2A of the Rules, clients have the right to be advised in the language of their choice.
Incorrect
Solution: According to Rule 3.2-2B of the Rules of Professional Conduct, a lawyer shall not undertake to advise a client in the language of their choice unless the lawyer can otherwise competently advise the client and the client consents in writing. One way a lawyer may do this is through an interpreter, who ideally should be independent of the client to avoid any conflicts of interests. Therefore, the best answer is (b). (a) is a weaker answer; since Juwan is Janice’s partner, he is not independent and would raise the issue of a conflict. (c) is incorrect – just because Alina cannot speak Spanish it does not mean she cannot provide her with legal services. Finally, (d) is incorrect since according to Rule 3.2-2A of the Rules, clients have the right to be advised in the language of their choice.
Unattempted
Solution: According to Rule 3.2-2B of the Rules of Professional Conduct, a lawyer shall not undertake to advise a client in the language of their choice unless the lawyer can otherwise competently advise the client and the client consents in writing. One way a lawyer may do this is through an interpreter, who ideally should be independent of the client to avoid any conflicts of interests. Therefore, the best answer is (b). (a) is a weaker answer; since Juwan is Janice’s partner, he is not independent and would raise the issue of a conflict. (c) is incorrect – just because Alina cannot speak Spanish it does not mean she cannot provide her with legal services. Finally, (d) is incorrect since according to Rule 3.2-2A of the Rules, clients have the right to be advised in the language of their choice.
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Question 23 of 80
23. Question
Category: Civil Litigation23. Case Set: Janice, an engineer, has been sued by her former employer, XYZ Ltd. Her former employer alleges that she violated the terms of a non-solicitation agreement. Janice meets with a lawyer, Alina, to seek legal assistance. She is accompanied by her partner, Juwan.
Janice ultimately retains Alina. As Alina conducts her due diligence, she discovers that Janice did not sign a “non-solicitation agreement”; instead, she signed an employment agreement. Months after signing the employment agreement, XYZ Ltd. sent Janice a list of the company’s “Rules and Policies”, one of which includes barring former employees from soliciting any of its customers for three years. Janice was neither asked to sign nor agree to the list of the “Rules and Policies”. Alina informs Janice that she should bring forward a motion seeking summary judgment. Which of the following is true about this motion?
Correct
Solution: There is a factual dispute in this situation – i.e., whether Janice agreed to a non-solicitation agreement, therefore, a motion for summary judgment makes sense here. The motions judge may order that oral evidence be presented by one or more of the parties, with or without a time limit (see R. 20.04(2.2) of the Rules of Civil Procedure). Hence, the correct answer is (a). (b) is incorrect because a defendant can only put forward a motion for summary judgment after submitting the statement of defence. (c) is incorrect because evidence is compulsory on a R. 20 motion (for summary judgment). (d) is incorrect because Janice can only use her own examination for discovery if all other party’s consent.
Incorrect
Solution: There is a factual dispute in this situation – i.e., whether Janice agreed to a non-solicitation agreement, therefore, a motion for summary judgment makes sense here. The motions judge may order that oral evidence be presented by one or more of the parties, with or without a time limit (see R. 20.04(2.2) of the Rules of Civil Procedure). Hence, the correct answer is (a). (b) is incorrect because a defendant can only put forward a motion for summary judgment after submitting the statement of defence. (c) is incorrect because evidence is compulsory on a R. 20 motion (for summary judgment). (d) is incorrect because Janice can only use her own examination for discovery if all other party’s consent.
Unattempted
Solution: There is a factual dispute in this situation – i.e., whether Janice agreed to a non-solicitation agreement, therefore, a motion for summary judgment makes sense here. The motions judge may order that oral evidence be presented by one or more of the parties, with or without a time limit (see R. 20.04(2.2) of the Rules of Civil Procedure). Hence, the correct answer is (a). (b) is incorrect because a defendant can only put forward a motion for summary judgment after submitting the statement of defence. (c) is incorrect because evidence is compulsory on a R. 20 motion (for summary judgment). (d) is incorrect because Janice can only use her own examination for discovery if all other party’s consent.
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Question 24 of 80
24. Question
Category: Civil Litigation24. Case Set: Janice, an engineer, has been sued by her former employer, XYZ Ltd. Her former employer alleges that she violated the terms of a non-solicitation agreement. Janice meets with a lawyer, Alina, to seek legal assistance. She is accompanied by her partner, Juwan.
The case went to trial before the Superior Court of Justice, where the final order of the judge awarded XYZ Ltd. $65,000, including $2,000 in interest and $3,000 in costs. How can Janice appeal the decision?
Correct
Solution: According to Section 6 of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Ontario Court of Appeal. No leave to appeal is required. Here, the applicable amount is $62,000 ($65,000 with interest – ($3,000 in costs)). Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required. (c) is the correct answer.
Incorrect
Solution: According to Section 6 of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Ontario Court of Appeal. No leave to appeal is required. Here, the applicable amount is $62,000 ($65,000 with interest – ($3,000 in costs)). Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required. (c) is the correct answer.
Unattempted
Solution: According to Section 6 of the Court of Justice Act, final orders of a judge of the Superior Court of Justice that exceed $50,000, inclusive of interest and exclusive of costs, can be appealed directly to the Ontario Court of Appeal. No leave to appeal is required. Here, the applicable amount is $62,000 ($65,000 with interest – ($3,000 in costs)). Therefore, the final order can be appealed to the Ontario Court of Appeal, with no leave required. (c) is the correct answer.
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Question 25 of 80
25. Question
Category: Civil Litigation25. Case Set: Janice, an engineer, has been sued by her former employer, XYZ Ltd. Her former employer alleges that she violated the terms of a non-solicitation agreement. Janice meets with a lawyer, Alina, to seek legal assistance. She is accompanied by her partner, Juwan.
Janice appealed the decision of the lower court. The day before the appeal, Alina verbally asked Janice to provide $20,000 to replenish her money retainer prior to the commencement of the appeal. Janice informed Alina that she would not be able to meet the payment deadline, but she would be able to pay the funds in a few days. How should Alina proceed?
Correct
Solution: According to rule 3.7-3 of the Rules of Professional Conduct, a lawyer may withdraw after reasonable notice for non-payment of fees, unless it causes serious prejudice to the client. Alina did not provide reasonable nor appropriate notice here, since (i) she only gave Janice about one day to replenish her retainer; and (ii) it was verbal, not in writing. Furthermore, even if her notice was reasonable, withdrawing would cause serious prejudice since her appeal is imminent. Therefore, Alina has a duty to continue representing Janice until the serious prejudice passes. The best answer is therefore (c). (a) is incorrect since, as discussed, withdrawing right now would cause Janice serious prejudice. (b) is inappropriate. There’s no need to report her client to the Law Society of Ontario. (d) is incorrect, because, as with (a), withdrawing prior to her appeal would cause serious prejudice given it is imminent (though providing notice in writing is an improvement here over the initial verbal notice).
Incorrect
Solution: According to rule 3.7-3 of the Rules of Professional Conduct, a lawyer may withdraw after reasonable notice for non-payment of fees, unless it causes serious prejudice to the client. Alina did not provide reasonable nor appropriate notice here, since (i) she only gave Janice about one day to replenish her retainer; and (ii) it was verbal, not in writing. Furthermore, even if her notice was reasonable, withdrawing would cause serious prejudice since her appeal is imminent. Therefore, Alina has a duty to continue representing Janice until the serious prejudice passes. The best answer is therefore (c). (a) is incorrect since, as discussed, withdrawing right now would cause Janice serious prejudice. (b) is inappropriate. There’s no need to report her client to the Law Society of Ontario. (d) is incorrect, because, as with (a), withdrawing prior to her appeal would cause serious prejudice given it is imminent (though providing notice in writing is an improvement here over the initial verbal notice).
Unattempted
Solution: According to rule 3.7-3 of the Rules of Professional Conduct, a lawyer may withdraw after reasonable notice for non-payment of fees, unless it causes serious prejudice to the client. Alina did not provide reasonable nor appropriate notice here, since (i) she only gave Janice about one day to replenish her retainer; and (ii) it was verbal, not in writing. Furthermore, even if her notice was reasonable, withdrawing would cause serious prejudice since her appeal is imminent. Therefore, Alina has a duty to continue representing Janice until the serious prejudice passes. The best answer is therefore (c). (a) is incorrect since, as discussed, withdrawing right now would cause Janice serious prejudice. (b) is inappropriate. There’s no need to report her client to the Law Society of Ontario. (d) is incorrect, because, as with (a), withdrawing prior to her appeal would cause serious prejudice given it is imminent (though providing notice in writing is an improvement here over the initial verbal notice).
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Question 26 of 80
26. Question
Category: Criminal Law26. Murray is a criminal defence lawyer. In March 2022, he attended a local courthouse, where he waited for his turn to represent his client in front of a judge. After being frustrated for having to wait for so long, he stormed into the courtroom and began yelling obscenities at the judge. Which professional obligation has Murray most clearly breached?
Correct
Solution: According to rule 5.1-5 of the Rules of Professional Conduct, a lawyer shall be courteous, civil and act in good faith to the tribunal and with all persons with whom the lawyer has dealings. Murray most clearly breached the rule to act with courtesy and civility – therefore, (b) is the correct answer.
The fact pattern mimics a case before the Law Society of Ontario Tribunal (Hearing Division), see Law Society of Ontario v Corcoran, 2018 ONLSTH 113
Incorrect
Solution: According to rule 5.1-5 of the Rules of Professional Conduct, a lawyer shall be courteous, civil and act in good faith to the tribunal and with all persons with whom the lawyer has dealings. Murray most clearly breached the rule to act with courtesy and civility – therefore, (b) is the correct answer.
The fact pattern mimics a case before the Law Society of Ontario Tribunal (Hearing Division), see Law Society of Ontario v Corcoran, 2018 ONLSTH 113
Unattempted
Solution: According to rule 5.1-5 of the Rules of Professional Conduct, a lawyer shall be courteous, civil and act in good faith to the tribunal and with all persons with whom the lawyer has dealings. Murray most clearly breached the rule to act with courtesy and civility – therefore, (b) is the correct answer.
The fact pattern mimics a case before the Law Society of Ontario Tribunal (Hearing Division), see Law Society of Ontario v Corcoran, 2018 ONLSTH 113
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Question 27 of 80
27. Question
Category: Criminal Law27. Tom abused his former partner, Halona, for years. He was ultimately found guilty of assault. Given that Halona is an indigenous woman, what objectives must the court consider when imposing a sentence?
Correct
Solution: According to section 718.04 of the Criminal Code, when a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances, including because the person is Aboriginal and female, the court must give primary consideration to the objectives of denunciation and deterrence. Therefore, the correct answer choice is (c).
Incorrect
Solution: According to section 718.04 of the Criminal Code, when a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances, including because the person is Aboriginal and female, the court must give primary consideration to the objectives of denunciation and deterrence. Therefore, the correct answer choice is (c).
Unattempted
Solution: According to section 718.04 of the Criminal Code, when a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances, including because the person is Aboriginal and female, the court must give primary consideration to the objectives of denunciation and deterrence. Therefore, the correct answer choice is (c).
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Question 28 of 80
28. Question
Category: Criminal Law28. Grant has been charged for manslaughter. His case will be decided before a jury. His lawyer, Anita, has expressed concern about one of the jury members that were selected. What is one ground that Anita can use to challenge the jury member for cause?
Correct
Solution: The correct answer is (d). Section 638(1) of the Criminal Code lists out the grounds to challenge a juror, including (d) – if the juror is not a Canadian citizen. (a) and (c) have no basis in section 638(1), and (b) is incorrect because it should say not impartial. Note that according to 638(2) of the Criminal Code, only the grounds listed in section 638(1) of the Criminal Code can be used to challenge for cause.
Incorrect
Solution: The correct answer is (d). Section 638(1) of the Criminal Code lists out the grounds to challenge a juror, including (d) – if the juror is not a Canadian citizen. (a) and (c) have no basis in section 638(1), and (b) is incorrect because it should say not impartial. Note that according to 638(2) of the Criminal Code, only the grounds listed in section 638(1) of the Criminal Code can be used to challenge for cause.
Unattempted
Solution: The correct answer is (d). Section 638(1) of the Criminal Code lists out the grounds to challenge a juror, including (d) – if the juror is not a Canadian citizen. (a) and (c) have no basis in section 638(1), and (b) is incorrect because it should say not impartial. Note that according to 638(2) of the Criminal Code, only the grounds listed in section 638(1) of the Criminal Code can be used to challenge for cause.
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Question 29 of 80
29. Question
Category: Criminal Law29. Kumar has been charged with a hybrid offence. He meets with Lori, a criminal defence lawyer, for an initial consultation. During the initial consultation, Kumar provides her with general details relating to the alleged offence, while Lori confirms that she is able to take on the matter, provides him with key timelines and asks whether he would like to sign a retainer agreement. Kumar respectfully declines to do so, advising Lori that he would like to take some time to think about it. Which of the following is true regarding Lori’s confidentiality obligations?
Correct
Solution: The correct answer is (d). Lawyers must keep all information received from both prospective and actual clients in confidence. Therefore, Lori must keep the information received from Kumar during the meeting in confidence, despite the fact that, at this point, he is merely a prospective client.
Incorrect
Solution: The correct answer is (d). Lawyers must keep all information received from both prospective and actual clients in confidence. Therefore, Lori must keep the information received from Kumar during the meeting in confidence, despite the fact that, at this point, he is merely a prospective client.
Unattempted
Solution: The correct answer is (d). Lawyers must keep all information received from both prospective and actual clients in confidence. Therefore, Lori must keep the information received from Kumar during the meeting in confidence, despite the fact that, at this point, he is merely a prospective client.
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Question 30 of 80
30. Question
Category: Criminal Law30. Josephine is a 15-year-old charged with assault. At Josephine’s hearing before the youth justice court, Josephine’s lawyer, Margaret, put forward a motion to order a psychological assessment. Which of the following factors would increase the likelihood that such assessment would be granted by the court?
Correct
Solution: According to Section 34(2) of the Youth Criminal Justice Act, a youth justice court may order a psychological assessment if any of several factors exist, including if there are grounds to believe that the young person is suffering from a physical or mental disorder. Therefore, (a) is the correct answer. The other choices are not relevant.
Incorrect
Solution: According to Section 34(2) of the Youth Criminal Justice Act, a youth justice court may order a psychological assessment if any of several factors exist, including if there are grounds to believe that the young person is suffering from a physical or mental disorder. Therefore, (a) is the correct answer. The other choices are not relevant.
Unattempted
Solution: According to Section 34(2) of the Youth Criminal Justice Act, a youth justice court may order a psychological assessment if any of several factors exist, including if there are grounds to believe that the young person is suffering from a physical or mental disorder. Therefore, (a) is the correct answer. The other choices are not relevant.
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Question 31 of 80
31. Question
Category: Criminal Law31. Zaza is a criminal lawyer representing his client, Norbs. He plans on compensating an expert, Katia, who has assisted with Norbs’ defence, by electronically transferring funds (“e-transfer”). To properly conduct this e-transfer, what must Zaza do?
Correct
Solution: The correct answer is (b). According to By-Law 9, Section 12(2)(2.), when withdrawing money from a trust account by electronic transfer, the electronic transfer system used must produce a confirmation from the financial institution confirming certain data. The remaining options are not required by the Rules of Professional Conduct or by-laws.
Incorrect
Solution: The correct answer is (b). According to By-Law 9, Section 12(2)(2.), when withdrawing money from a trust account by electronic transfer, the electronic transfer system used must produce a confirmation from the financial institution confirming certain data. The remaining options are not required by the Rules of Professional Conduct or by-laws.
Unattempted
Solution: The correct answer is (b). According to By-Law 9, Section 12(2)(2.), when withdrawing money from a trust account by electronic transfer, the electronic transfer system used must produce a confirmation from the financial institution confirming certain data. The remaining options are not required by the Rules of Professional Conduct or by-laws.
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Question 32 of 80
32. Question
Category: Criminal Law32. What is a stated objective of the Ontario Court of Justice Rules?
Correct
Solution: The objective of the Ontario Court of Justice Rules is to have proceedings dealt with in a just and efficient manner (see r. 1.1). (a) best describes this; hence it is the correct answer.
Incorrect
Solution: The objective of the Ontario Court of Justice Rules is to have proceedings dealt with in a just and efficient manner (see r. 1.1). (a) best describes this; hence it is the correct answer.
Unattempted
Solution: The objective of the Ontario Court of Justice Rules is to have proceedings dealt with in a just and efficient manner (see r. 1.1). (a) best describes this; hence it is the correct answer.
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Question 33 of 80
33. Question
Category: Criminal Law33. The maximum term for a single probation order is how long?
Correct
Solution: The maximum term of a single probation order is 3 years (see Section 732.2(2)(b) of the Criminal Code). Therefore, (d) is the correct answer.
Incorrect
Solution: The maximum term of a single probation order is 3 years (see Section 732.2(2)(b) of the Criminal Code). Therefore, (d) is the correct answer.
Unattempted
Solution: The maximum term of a single probation order is 3 years (see Section 732.2(2)(b) of the Criminal Code). Therefore, (d) is the correct answer.
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Question 34 of 80
34. Question
Category: Criminal Law34. ABC LLP recently announced that it will begin having a 4-day work week. All employees and partners of the firm, including lawyers, clerks, and paralegals, were expected to work from Tuesday to Friday from 9:30 am to 7:30 pm. No one was expected to come in from Saturday to Monday. Mustafa, a lawyer at the firm, has concerns about the new policy. He is a devoted Muslim and attends prayers every Friday at 6:00 pm, which would overlap with his new work hours. Which of the following is true regarding the new policy?
Correct
Solution: Where there is discrimination, there is a duty on the lawyer or law firm to accommodate members of the affected group up to the point of undue hardship (see Rules of Professional Conduct, r. 6.3.1-1 and commentary [12]). This contemplates that in attempting to accommodate members of the affected group, the firm may experience some form of hardship; therefore, (c) is the correct answer. (a) is incorrect; just because a policy may discriminate against a group, such as Muslims in this case, it does not mean it must be withdrawn. Rather, enacting a discriminatory policy may be permissible if individuals are accommodated up until the point of undue hardship. (b) is not necessarily true; a change in work hours may be permissible in some cases. (d) is incorrect; Mustafa need not consent to the policy for it to be permissible. For instance, the policy may be permissible if Mustafa insisted on a form of accommodation that would cause the firm undue hardship. In such a case, his consent would not be needed, and the policy could be enacted (assuming no one else at ABC LLP is discriminated against).
Incorrect
Solution: Where there is discrimination, there is a duty on the lawyer or law firm to accommodate members of the affected group up to the point of undue hardship (see Rules of Professional Conduct, r. 6.3.1-1 and commentary [12]). This contemplates that in attempting to accommodate members of the affected group, the firm may experience some form of hardship; therefore, (c) is the correct answer. (a) is incorrect; just because a policy may discriminate against a group, such as Muslims in this case, it does not mean it must be withdrawn. Rather, enacting a discriminatory policy may be permissible if individuals are accommodated up until the point of undue hardship. (b) is not necessarily true; a change in work hours may be permissible in some cases. (d) is incorrect; Mustafa need not consent to the policy for it to be permissible. For instance, the policy may be permissible if Mustafa insisted on a form of accommodation that would cause the firm undue hardship. In such a case, his consent would not be needed, and the policy could be enacted (assuming no one else at ABC LLP is discriminated against).
Unattempted
Solution: Where there is discrimination, there is a duty on the lawyer or law firm to accommodate members of the affected group up to the point of undue hardship (see Rules of Professional Conduct, r. 6.3.1-1 and commentary [12]). This contemplates that in attempting to accommodate members of the affected group, the firm may experience some form of hardship; therefore, (c) is the correct answer. (a) is incorrect; just because a policy may discriminate against a group, such as Muslims in this case, it does not mean it must be withdrawn. Rather, enacting a discriminatory policy may be permissible if individuals are accommodated up until the point of undue hardship. (b) is not necessarily true; a change in work hours may be permissible in some cases. (d) is incorrect; Mustafa need not consent to the policy for it to be permissible. For instance, the policy may be permissible if Mustafa insisted on a form of accommodation that would cause the firm undue hardship. In such a case, his consent would not be needed, and the policy could be enacted (assuming no one else at ABC LLP is discriminated against).
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Question 35 of 80
35. Question
Category: Criminal Law35. The Crown typically has a duty to disclose which of the following information to the defence?
Correct
Solution: The Crown has a duty to disclose all relevant information to the defence, including recordings of witness statements. Therefore, (d) is the correct answer. The Crown typically does not have to disclose information that is protected by privilege, including public-interest privilege. Work product materials, including Crown counsel notes, memoranda, correspondence, and legal opinions are also protected by privilege and need not be disclosed.
Incorrect
Solution: The Crown has a duty to disclose all relevant information to the defence, including recordings of witness statements. Therefore, (d) is the correct answer. The Crown typically does not have to disclose information that is protected by privilege, including public-interest privilege. Work product materials, including Crown counsel notes, memoranda, correspondence, and legal opinions are also protected by privilege and need not be disclosed.
Unattempted
Solution: The Crown has a duty to disclose all relevant information to the defence, including recordings of witness statements. Therefore, (d) is the correct answer. The Crown typically does not have to disclose information that is protected by privilege, including public-interest privilege. Work product materials, including Crown counsel notes, memoranda, correspondence, and legal opinions are also protected by privilege and need not be disclosed.
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Question 36 of 80
36. Question
Category: Criminal Law36. Justine and Tira established JT Defence Lawyers LLP in 2017. Justine, a lawyer, specializes in youth criminal justice matters whereas Tira, also a lawyer, has a broad criminal law defence practice. They are the only two lawyers that work for their law firm. They also employ Barry, a legal assistant. On May 1, 2022, Tira’s son was charged with a criminal offence and required a surety. Which of the following is true?
Correct
Solution: The correct answer is (d). According to rules 3.4-40 and 3.4-41 of the Rules of Professional Conduct, a lawyer may act as surety for an accused if: (i) the accused is in a family relationship with the lawyer; and (ii) the accused is represented by the lawyer’s partner or associate. Since Justine is Tira’s partner, both criteria would be met here – the accused is in a family relationship with Tira; and Tira’s son would be represented Tira’s partner.
Incorrect
Solution: The correct answer is (d). According to rules 3.4-40 and 3.4-41 of the Rules of Professional Conduct, a lawyer may act as surety for an accused if: (i) the accused is in a family relationship with the lawyer; and (ii) the accused is represented by the lawyer’s partner or associate. Since Justine is Tira’s partner, both criteria would be met here – the accused is in a family relationship with Tira; and Tira’s son would be represented Tira’s partner.
Unattempted
Solution: The correct answer is (d). According to rules 3.4-40 and 3.4-41 of the Rules of Professional Conduct, a lawyer may act as surety for an accused if: (i) the accused is in a family relationship with the lawyer; and (ii) the accused is represented by the lawyer’s partner or associate. Since Justine is Tira’s partner, both criteria would be met here – the accused is in a family relationship with Tira; and Tira’s son would be represented Tira’s partner.
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Question 37 of 80
37. Question
Category: Criminal Law37. Which source of law bars an accused from acting as a witness for the Crown?
Correct
Solution: Section 4(1) of the Canada Evidence Act prevents an accused from being a witness for the Crown. The correct answer is therefore (b).
Incorrect
Solution: Section 4(1) of the Canada Evidence Act prevents an accused from being a witness for the Crown. The correct answer is therefore (b).
Unattempted
Solution: Section 4(1) of the Canada Evidence Act prevents an accused from being a witness for the Crown. The correct answer is therefore (b).
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Question 38 of 80
38. Question
Category: Criminal Law38. Marissa was charged and arrested for theft over $5,000. Immediately after her arrest, the police informed her of the right to counsel, and she was able to speak to her lawyer. After speaking to her lawyer, the police resumed questioning her. When will the police likely be obligated, as per the Canadian Charter of Rights and Freedoms, to stop the interview and allow her to contact her lawyer again?
Correct
Solution: After police have already given the accused the right to contact counsel, there is no obligation for the police under s.10(b) of the Charter to stop the interview and permit contact with counsel again unless one of three scenarios are met, including whether there are new procedures involving the detainee that require further legal advice, i.e. participation in a polygraph test. Therefore, (d) is the correct answer.
Incorrect
Solution: After police have already given the accused the right to contact counsel, there is no obligation for the police under s.10(b) of the Charter to stop the interview and permit contact with counsel again unless one of three scenarios are met, including whether there are new procedures involving the detainee that require further legal advice, i.e. participation in a polygraph test. Therefore, (d) is the correct answer.
Unattempted
Solution: After police have already given the accused the right to contact counsel, there is no obligation for the police under s.10(b) of the Charter to stop the interview and permit contact with counsel again unless one of three scenarios are met, including whether there are new procedures involving the detainee that require further legal advice, i.e. participation in a polygraph test. Therefore, (d) is the correct answer.
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Question 39 of 80
39. Question
Category: Criminal Law39. Which of the following is true of pre-trial release?
Correct
Solution: The correct answer is (d). At this stage, police have wide discretion. (a) is incorrect; a preliminary inquiry is not always granted – therefore, it is possible for a pre-trial release to be granted without a preliminary inquiry. (b) is incorrect because a “judicial referral hearing” is not always engaged at this stage. Finally, (c) is incorrect because an accused can receive a pre-trial release once fingerprinted.
Incorrect
Solution: The correct answer is (d). At this stage, police have wide discretion. (a) is incorrect; a preliminary inquiry is not always granted – therefore, it is possible for a pre-trial release to be granted without a preliminary inquiry. (b) is incorrect because a “judicial referral hearing” is not always engaged at this stage. Finally, (c) is incorrect because an accused can receive a pre-trial release once fingerprinted.
Unattempted
Solution: The correct answer is (d). At this stage, police have wide discretion. (a) is incorrect; a preliminary inquiry is not always granted – therefore, it is possible for a pre-trial release to be granted without a preliminary inquiry. (b) is incorrect because a “judicial referral hearing” is not always engaged at this stage. Finally, (c) is incorrect because an accused can receive a pre-trial release once fingerprinted.
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Question 40 of 80
40. Question
Category: Criminal Law40. Gustav has been charged with the failure to provide the necessities of life under section 215 of the Criminal Code. Prior to trial, the Crown plans to bring a motion to contest Gustav’s fitness to stand trial. Which of the following is true regarding the burden to prove Gustav’s fitness to stand trial?
Correct
Solution: The correct answer is (a). According to section 672.22 of the Criminal Code, an accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial. Therefore, the burden lies with whoever seeks to raise the issue of fitness. In this case, the Crown is raising the issue; and must displace the presumption of fitness on a balance of probabilities.
Incorrect
Solution: The correct answer is (a). According to section 672.22 of the Criminal Code, an accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial. Therefore, the burden lies with whoever seeks to raise the issue of fitness. In this case, the Crown is raising the issue; and must displace the presumption of fitness on a balance of probabilities.
Unattempted
Solution: The correct answer is (a). According to section 672.22 of the Criminal Code, an accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial. Therefore, the burden lies with whoever seeks to raise the issue of fitness. In this case, the Crown is raising the issue; and must displace the presumption of fitness on a balance of probabilities.
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Question 41 of 80
41. Question
Category: Criminal Law41. Frankie was charged with theft over $5,000. At his sentencing hearing in January 2022, he was ordered to pay a large fine. He immediately sought to commence an application to stay the order pending an appeal. To successfully stay the order, what must Frankie convince the court of?
Correct
Solution: According to section 683(5) of the Criminal Code, to stay a sentencing order, the judge must be satisfied that the stay is in the interests of justice. Therefore, (b) is the correct answer.
Incorrect
Solution: According to section 683(5) of the Criminal Code, to stay a sentencing order, the judge must be satisfied that the stay is in the interests of justice. Therefore, (b) is the correct answer.
Unattempted
Solution: According to section 683(5) of the Criminal Code, to stay a sentencing order, the judge must be satisfied that the stay is in the interests of justice. Therefore, (b) is the correct answer.
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Question 42 of 80
42. Question
Category: Criminal Law42. When can the Crown lead evidence of a confession made by the accused at a preliminary hearing?
Correct
Solution: According to section 542(1) of the Criminal Code, for a confession to be admissible, it must be proven to be voluntary beyond a reasonable doubt. Therefore, the correct answer is (b).
Incorrect
Solution: According to section 542(1) of the Criminal Code, for a confession to be admissible, it must be proven to be voluntary beyond a reasonable doubt. Therefore, the correct answer is (b).
Unattempted
Solution: According to section 542(1) of the Criminal Code, for a confession to be admissible, it must be proven to be voluntary beyond a reasonable doubt. Therefore, the correct answer is (b).
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Question 43 of 80
43. Question
Category: Criminal Law43. Case Set: Adhira is a lawyer based in Brantford, Ontario. Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”), specializes in defending the most heinous criminals. She is approached by a prospective client, Elias, who was recently charged with second-degree murder.
After seeing a tweet on ACLD’s Twitter page, Elias felt compelled to reach out to the firm for assistance. Which of the following tweets would be contrary to the Rules of Professional Conduct?
Correct
Solution: The best answer is (d). Note the question is asking which of the following tweets would contravene the Rules. (a) – (b) both may contravene the Rules. For example, in (a) – it contains an emotional appeal, which according to rule 4.2-1, commentary [2] of the Rules, may contravene the Rules. (b) markets past results – which again, may contravene the Rules. (c) there is no reason why this would be against the Rules. For (d), however, it seems that ACLD’s ranking is at least in part due to paying clients to provide feedback, which does contravene the Rules, according to rule 4.2-1, commentary [5(c)]. The fact that ACLD pays select clients to send feedback makes ACLD’s actions even more suspicious.
Incorrect
Solution: The best answer is (d). Note the question is asking which of the following tweets would contravene the Rules. (a) – (b) both may contravene the Rules. For example, in (a) – it contains an emotional appeal, which according to rule 4.2-1, commentary [2] of the Rules, may contravene the Rules. (b) markets past results – which again, may contravene the Rules. (c) there is no reason why this would be against the Rules. For (d), however, it seems that ACLD’s ranking is at least in part due to paying clients to provide feedback, which does contravene the Rules, according to rule 4.2-1, commentary [5(c)]. The fact that ACLD pays select clients to send feedback makes ACLD’s actions even more suspicious.
Unattempted
Solution: The best answer is (d). Note the question is asking which of the following tweets would contravene the Rules. (a) – (b) both may contravene the Rules. For example, in (a) – it contains an emotional appeal, which according to rule 4.2-1, commentary [2] of the Rules, may contravene the Rules. (b) markets past results – which again, may contravene the Rules. (c) there is no reason why this would be against the Rules. For (d), however, it seems that ACLD’s ranking is at least in part due to paying clients to provide feedback, which does contravene the Rules, according to rule 4.2-1, commentary [5(c)]. The fact that ACLD pays select clients to send feedback makes ACLD’s actions even more suspicious.
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Question 44 of 80
44. Question
Category: Criminal Law44. Case Set: Adhira is a lawyer based in Brantford, Ontario. Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”), specializes in defending the most heinous criminals. She is approached by a prospective client, Elias, who was recently charged with second-degree murder
Elias, who is 16 years-old, ultimately retains Adhira. He asks her what is likely to happen to him if an order is made to sentence him as an adult and he is found guilty of second-degree murder. How should Adhira respond?
Correct
Solution: The mandatory life sentence for anyone convicted of murder is life in prison (Criminal Code, section 235(1)). However, because Elias is 16 years-old, he can likely apply for parole within 7 years. Therefore, (d) is the correct answer.
Incorrect
Solution: The mandatory life sentence for anyone convicted of murder is life in prison (Criminal Code, section 235(1)). However, because Elias is 16 years-old, he can likely apply for parole within 7 years. Therefore, (d) is the correct answer.
Unattempted
Solution: The mandatory life sentence for anyone convicted of murder is life in prison (Criminal Code, section 235(1)). However, because Elias is 16 years-old, he can likely apply for parole within 7 years. Therefore, (d) is the correct answer.
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Question 45 of 80
45. Question
Category: Criminal Law45. Case Set: Adhira is a lawyer based in Brantford, Ontario. Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”), specializes in defending the most heinous criminals. She is approached by a prospective client, Elias, who was recently charged with second-degree murder.
Adhira must withdraw from representing Elias if which of the following is true?
Correct
Solution: According to rule 3.7-7 of the Rules of Professional Conduct, a lawyer must withdraw when the client’s instructions require the lawyer to act contrary to the Rules of Professional Conduct. Accordingly, since a lawyer may not accept a contingency fee in a criminal law-related retainer (see rule 3.6-2 and commentary), answer choice (a) is correct. All the other options do not require Adhira to withdraw, though they may give her the option to. (see rule 3.7-1 and rule 3.7-2). Note that there are special withdrawal rules when it comes to lawyers acting in criminal matters. These focus on whether the withdrawal would give the client adequate time to retain another lawyer. This often depends on when the trial is. Note for answer choice (a), it says at the outset of the retainer, which means the trial will likely still be years away. Hence, it remains the best answer choice.
Incorrect
Solution: According to rule 3.7-7 of the Rules of Professional Conduct, a lawyer must withdraw when the client’s instructions require the lawyer to act contrary to the Rules of Professional Conduct. Accordingly, since a lawyer may not accept a contingency fee in a criminal law-related retainer (see rule 3.6-2 and commentary), answer choice (a) is correct. All the other options do not require Adhira to withdraw, though they may give her the option to. (see rule 3.7-1 and rule 3.7-2). Note that there are special withdrawal rules when it comes to lawyers acting in criminal matters. These focus on whether the withdrawal would give the client adequate time to retain another lawyer. This often depends on when the trial is. Note for answer choice (a), it says at the outset of the retainer, which means the trial will likely still be years away. Hence, it remains the best answer choice.
Unattempted
Solution: According to rule 3.7-7 of the Rules of Professional Conduct, a lawyer must withdraw when the client’s instructions require the lawyer to act contrary to the Rules of Professional Conduct. Accordingly, since a lawyer may not accept a contingency fee in a criminal law-related retainer (see rule 3.6-2 and commentary), answer choice (a) is correct. All the other options do not require Adhira to withdraw, though they may give her the option to. (see rule 3.7-1 and rule 3.7-2). Note that there are special withdrawal rules when it comes to lawyers acting in criminal matters. These focus on whether the withdrawal would give the client adequate time to retain another lawyer. This often depends on when the trial is. Note for answer choice (a), it says at the outset of the retainer, which means the trial will likely still be years away. Hence, it remains the best answer choice.
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Question 46 of 80
46. Question
Category: Family Law46. Hulio is in the midst of divorce proceedings with his partner, Shanae. Upon receiving Shanae’s financial statement, he believes she has not disclosed an adequate amount of information. How should Hulio’s lawyer demand further financial information?
Correct
Solution: The financial information rules relating to insufficient information were modified in July 2021. Rule 13(11)(a) of the Family Law Rules state that if one party believes the other has provided insufficient financial disclosure, the first step is that the party shall make a written request for additional information. Therefore, the correct answer is (b).
Incorrect
Solution: The financial information rules relating to insufficient information were modified in July 2021. Rule 13(11)(a) of the Family Law Rules state that if one party believes the other has provided insufficient financial disclosure, the first step is that the party shall make a written request for additional information. Therefore, the correct answer is (b).
Unattempted
Solution: The financial information rules relating to insufficient information were modified in July 2021. Rule 13(11)(a) of the Family Law Rules state that if one party believes the other has provided insufficient financial disclosure, the first step is that the party shall make a written request for additional information. Therefore, the correct answer is (b).
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Question 47 of 80
47. Question
Category: Family Law47. Bruna, a lawyer, is representing her client, Gary, who is in the midst of divorce proceedings with his spouse, Yolanda. During a discussion on how Bruna will be paid, Bruna suggests to Gary that he will only need to pay her if he is ultimately granted an equalization payment of at least $250,000. If this figure is reached, Bruna explains that he would pay her 10% of his equalization payment. Gary reaches out to another lawyer, Filipa, for advice on whether he should agree to this payment structure with Bruna. What is the best way for Filipa to respond?
Correct
Solution: According to r. 3.6-2 of the Rules of Professional Conduct, contingency fees are not permitted in family law matters. Accordingly, because Bruna is suggesting being paid on a contingency basis (contingent on Gary receiving an equalization payment of $250,000 or more), this fee arrangement is not permitted. Therefore, the best answer is (d). (a), (b) and (c) overlook the fact that this contingency fee arrangement is not permitted in the first place, and hence are all incorrect.
Incorrect
Solution: According to r. 3.6-2 of the Rules of Professional Conduct, contingency fees are not permitted in family law matters. Accordingly, because Bruna is suggesting being paid on a contingency basis (contingent on Gary receiving an equalization payment of $250,000 or more), this fee arrangement is not permitted. Therefore, the best answer is (d). (a), (b) and (c) overlook the fact that this contingency fee arrangement is not permitted in the first place, and hence are all incorrect.
Unattempted
Solution: According to r. 3.6-2 of the Rules of Professional Conduct, contingency fees are not permitted in family law matters. Accordingly, because Bruna is suggesting being paid on a contingency basis (contingent on Gary receiving an equalization payment of $250,000 or more), this fee arrangement is not permitted. Therefore, the best answer is (d). (a), (b) and (c) overlook the fact that this contingency fee arrangement is not permitted in the first place, and hence are all incorrect.
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Question 48 of 80
48. Question
Category: Family Law48. Enrique and Gorana had been married for 35 years, until divorcing in early 2022. Enrique meets with Suzanne, a lawyer, for assistance with commencing a spousal support application. Suzanne prepares the application package and serves it on Gorana. After receiving the package, Gorana asks Suzanne whether she would be willing to assist her with filing an answer. Enrique takes no issue with this. How should Suzanne proceed?
Correct
Solution: The correct answer is (b). Enrique and Gorana are on opposing sides in this matter – Enrique is the applicant; Gorana is the respondent. Rule 3.4-3 of the Rules of Professional Conduct states that a lawyer shall not represent opposing parties in a dispute, even if the party’s consent in accordance with rule 3.4-2.
Incorrect
Solution: The correct answer is (b). Enrique and Gorana are on opposing sides in this matter – Enrique is the applicant; Gorana is the respondent. Rule 3.4-3 of the Rules of Professional Conduct states that a lawyer shall not represent opposing parties in a dispute, even if the party’s consent in accordance with rule 3.4-2.
Unattempted
Solution: The correct answer is (b). Enrique and Gorana are on opposing sides in this matter – Enrique is the applicant; Gorana is the respondent. Rule 3.4-3 of the Rules of Professional Conduct states that a lawyer shall not represent opposing parties in a dispute, even if the party’s consent in accordance with rule 3.4-2.
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Question 49 of 80
49. Question
Category: Family Law49. Sergie and Venus are currently in a dispute over the terms of their domestic agreement. They decide to use collaborative family law (“CFL”) to resolve their issues. As part of the CFL process, they enter into a participation agreement. What provision is this agreement likely to contain?
Correct
Solution: The best answer is (c). A typical participation agreement will contain a commitment from both parties to not take advantage of any mistakes committed by the other party. (a) would be an unusual provision to include in a participation agreement and hence is a weaker answer; (b) would also be an unusual provision to include, although a typical provision would include the procedure for withdrawal; and (d) would also be unusual as lawyers are typically relied upon to reach a settlement.
Incorrect
Solution: The best answer is (c). A typical participation agreement will contain a commitment from both parties to not take advantage of any mistakes committed by the other party. (a) would be an unusual provision to include in a participation agreement and hence is a weaker answer; (b) would also be an unusual provision to include, although a typical provision would include the procedure for withdrawal; and (d) would also be unusual as lawyers are typically relied upon to reach a settlement.
Unattempted
Solution: The best answer is (c). A typical participation agreement will contain a commitment from both parties to not take advantage of any mistakes committed by the other party. (a) would be an unusual provision to include in a participation agreement and hence is a weaker answer; (b) would also be an unusual provision to include, although a typical provision would include the procedure for withdrawal; and (d) would also be unusual as lawyers are typically relied upon to reach a settlement.
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Question 50 of 80
50. Question
Category: Family Law50. An indigenous group in Ontario seeks to exercise its jurisdiction over child and family services, pursuant to An Act respecting First Nations, Inuit and Métis children, youth and families (“FNIMCYF”). What must the indigenous group do to be able to exercise this jurisdiction?
Correct
Solution: The correct answer is (b). According to FNIMCYF, indigenous groups who develop their own legislation can exercise jurisdiction under FNIMCFYF through two ways, including informing the Minister of Indigenous Services and the Ontario government. Note that with (d), while the indigenous group will inevitably have to develop legislation, the question is asking what they need to do in order to exercise the appropriate jurisdiction under FNIMCYF. This would not help them do that.
Incorrect
Solution: The correct answer is (b). According to FNIMCYF, indigenous groups who develop their own legislation can exercise jurisdiction under FNIMCFYF through two ways, including informing the Minister of Indigenous Services and the Ontario government. Note that with (d), while the indigenous group will inevitably have to develop legislation, the question is asking what they need to do in order to exercise the appropriate jurisdiction under FNIMCYF. This would not help them do that.
Unattempted
Solution: The correct answer is (b). According to FNIMCYF, indigenous groups who develop their own legislation can exercise jurisdiction under FNIMCFYF through two ways, including informing the Minister of Indigenous Services and the Ontario government. Note that with (d), while the indigenous group will inevitably have to develop legislation, the question is asking what they need to do in order to exercise the appropriate jurisdiction under FNIMCYF. This would not help them do that.
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Question 51 of 80
51. Question
Category: Family Law51. Which of the following is true regarding a lawyer who is acting as a mediator?
Correct
Solution: The correct answer is (b). According to section 5.7 of the Rules of Professional Conduct, a mediator may give both parties legal information. (a) is incorrect because communications between a mediator and parties are not protected by confidentiality, as no lawyer-client relationship exists; (c) is incorrect since the lawyer may not give parties legal advice under any scenario; and (d) is incorrect because the lawyer may discuss the consequences if the mediation fails.
Incorrect
Solution: The correct answer is (b). According to section 5.7 of the Rules of Professional Conduct, a mediator may give both parties legal information. (a) is incorrect because communications between a mediator and parties are not protected by confidentiality, as no lawyer-client relationship exists; (c) is incorrect since the lawyer may not give parties legal advice under any scenario; and (d) is incorrect because the lawyer may discuss the consequences if the mediation fails.
Unattempted
Solution: The correct answer is (b). According to section 5.7 of the Rules of Professional Conduct, a mediator may give both parties legal information. (a) is incorrect because communications between a mediator and parties are not protected by confidentiality, as no lawyer-client relationship exists; (c) is incorrect since the lawyer may not give parties legal advice under any scenario; and (d) is incorrect because the lawyer may discuss the consequences if the mediation fails.
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Question 52 of 80
52. Question
Category: Family Law52. What notice period is needed for the Director of the Family Responsibility Office to suspend a support payor’s driver’s license?
Correct
Solution: The correct answer is (d) – 30 days.
Incorrect
Solution: The correct answer is (d) – 30 days.
Unattempted
Solution: The correct answer is (d) – 30 days.
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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. Which of the following about a “participant expert” is true?
Correct
Solution: The correct answer choice is (a); a participant expert offers expert evidence limited to their participation and/or observation of events they observe. (b) is incorrect because such expert cannot be used in litigation; (c) is incorrect because they can provide expert opinion evidence; and (d) is incorrect because they are not inferior to litigation experts.
Incorrect
Solution: The correct answer choice is (a); a participant expert offers expert evidence limited to their participation and/or observation of events they observe. (b) is incorrect because such expert cannot be used in litigation; (c) is incorrect because they can provide expert opinion evidence; and (d) is incorrect because they are not inferior to litigation experts.
Unattempted
Solution: The correct answer choice is (a); a participant expert offers expert evidence limited to their participation and/or observation of events they observe. (b) is incorrect because such expert cannot be used in litigation; (c) is incorrect because they can provide expert opinion evidence; and (d) is incorrect because they are not inferior to litigation experts.
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Question 55 of 80
55. Question
Category: Family Law55. Don believes that a change of name was obtained for an improper purpose. Which court may Don apply to if he seeks to revoke the change?
Correct
Solution: According to section 10(1) of the Change of Name Act, a person who believes that a change of name was obtained by fraud, misrepresentation or for an improper purpose may apply to the Ontario Court of Justice for an order revoking the change of name. Therefore, (a) is the correct answer.
Incorrect
Solution: According to section 10(1) of the Change of Name Act, a person who believes that a change of name was obtained by fraud, misrepresentation or for an improper purpose may apply to the Ontario Court of Justice for an order revoking the change of name. Therefore, (a) is the correct answer.
Unattempted
Solution: According to section 10(1) of the Change of Name Act, a person who believes that a change of name was obtained by fraud, misrepresentation or for an improper purpose may apply to the Ontario Court of Justice for an order revoking the change of name. Therefore, (a) is the correct answer.
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Question 56 of 80
56. Question
Category: Family Law56. Anika, a lawyer, is representing her wealthy client in a bitter family law dispute. During the first meeting with the client, the client informs Anika that the other side is “financially troubled and is unlikely to be able to afford the services of a lawyer.” At the end of the meeting, the client instructs Anika to bring a motion for summary judgment, and a motion to compel further financial disclosure. Anika believes it is unlikely a summary judgment motion would be useful at this stage in the dispute, and knows the other side provided adequate financial disclosure. How should Anika proceed?
Correct
Solution: The correct answer is (c). According to rule 3.2-5 of the Rules of Professional Conduct, a lawyer is not permitted to begin or continue a proceeding motivated by malice on the part of the client and brought solely for the purpose of injuring another party. There is some evidence that this is the case here. First, this is a bitter family law dispute. Second, the client’s comments about the inability of the other side to afford the services of a lawyer may suggest the client wants to take advantage of their superiority in wealth. Furthermore, the lawyer believes it is unlikely a motion for summary judgment would help in this case. Therefore, advising the client of the risks of the motion would certainly be prudent. Additionally, the lawyer knows the other side provided adequate financial disclosure; bringing a further motion, therefore, to compel disclosure would be an abuse of the tribunal process and contrary to rule 3.2-5.
Answer choice (a) is incorrect because, once again, following the instructions would be an abuse of the tribunal process. (b) is an “okay” answer choice, but (c) is clearly better. If the lawyer knows a summary judgment motion is unlikely to proceed, then advising the client on the risks of it, before bringing it, would be the better option. (d) is a poor answer. The lawyer should not bring a motion to compel financial disclosure when the lawyer knows adequate disclosure has been provided.
Incorrect
Solution: The correct answer is (c). According to rule 3.2-5 of the Rules of Professional Conduct, a lawyer is not permitted to begin or continue a proceeding motivated by malice on the part of the client and brought solely for the purpose of injuring another party. There is some evidence that this is the case here. First, this is a bitter family law dispute. Second, the client’s comments about the inability of the other side to afford the services of a lawyer may suggest the client wants to take advantage of their superiority in wealth. Furthermore, the lawyer believes it is unlikely a motion for summary judgment would help in this case. Therefore, advising the client of the risks of the motion would certainly be prudent. Additionally, the lawyer knows the other side provided adequate financial disclosure; bringing a further motion, therefore, to compel disclosure would be an abuse of the tribunal process and contrary to rule 3.2-5.
Answer choice (a) is incorrect because, once again, following the instructions would be an abuse of the tribunal process. (b) is an “okay” answer choice, but (c) is clearly better. If the lawyer knows a summary judgment motion is unlikely to proceed, then advising the client on the risks of it, before bringing it, would be the better option. (d) is a poor answer. The lawyer should not bring a motion to compel financial disclosure when the lawyer knows adequate disclosure has been provided.
Unattempted
Solution: The correct answer is (c). According to rule 3.2-5 of the Rules of Professional Conduct, a lawyer is not permitted to begin or continue a proceeding motivated by malice on the part of the client and brought solely for the purpose of injuring another party. There is some evidence that this is the case here. First, this is a bitter family law dispute. Second, the client’s comments about the inability of the other side to afford the services of a lawyer may suggest the client wants to take advantage of their superiority in wealth. Furthermore, the lawyer believes it is unlikely a motion for summary judgment would help in this case. Therefore, advising the client of the risks of the motion would certainly be prudent. Additionally, the lawyer knows the other side provided adequate financial disclosure; bringing a further motion, therefore, to compel disclosure would be an abuse of the tribunal process and contrary to rule 3.2-5.
Answer choice (a) is incorrect because, once again, following the instructions would be an abuse of the tribunal process. (b) is an “okay” answer choice, but (c) is clearly better. If the lawyer knows a summary judgment motion is unlikely to proceed, then advising the client on the risks of it, before bringing it, would be the better option. (d) is a poor answer. The lawyer should not bring a motion to compel financial disclosure when the lawyer knows adequate disclosure has been provided.
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Question 57 of 80
57. Question
Category: Family Law57. Lawyers partaking in collaborative family law should act in which of the following ways?
Correct
Solution: In Collaborative Family Law (CFL), lawyers should ensure that they temper their clients’ expectations, especially when they are unreasonable. Therefore, the correct answer is (b). (a) is incorrect because CFL should not be adversarial, so this approach does not correctly describe how a lawyer should act; (c) is incorrect because while avoiding disagreement may be nice, it is not necessary. However, a lawyer in CFL should use any disagreements to help them solve problems for their clients; (d) is incorrect because a lawyer partaking in CFL is explicitly not permitted to represent their clients in court, should the case end up in court.
Incorrect
Solution: In Collaborative Family Law (CFL), lawyers should ensure that they temper their clients’ expectations, especially when they are unreasonable. Therefore, the correct answer is (b). (a) is incorrect because CFL should not be adversarial, so this approach does not correctly describe how a lawyer should act; (c) is incorrect because while avoiding disagreement may be nice, it is not necessary. However, a lawyer in CFL should use any disagreements to help them solve problems for their clients; (d) is incorrect because a lawyer partaking in CFL is explicitly not permitted to represent their clients in court, should the case end up in court.
Unattempted
Solution: In Collaborative Family Law (CFL), lawyers should ensure that they temper their clients’ expectations, especially when they are unreasonable. Therefore, the correct answer is (b). (a) is incorrect because CFL should not be adversarial, so this approach does not correctly describe how a lawyer should act; (c) is incorrect because while avoiding disagreement may be nice, it is not necessary. However, a lawyer in CFL should use any disagreements to help them solve problems for their clients; (d) is incorrect because a lawyer partaking in CFL is explicitly not permitted to represent their clients in court, should the case end up in court.
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Question 58 of 80
58. Question
Category: Family Law58. The Children’s Aid Society has commenced a protection application over Lonzo, a 12-year-old child. During court proceedings, the judge ordered that Lonzo’s father, Jay, to undergo an assessment under section 98 of the Child, Youth and Family Services Act, 2017. Jay refused to comply with the assessment. What will be the consequence of Jay’s actions?
Correct
Solution: The correct answer is (b). According to section 98(13) of the CYFSA, the court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under section 98.
Incorrect
Solution: The correct answer is (b). According to section 98(13) of the CYFSA, the court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under section 98.
Unattempted
Solution: The correct answer is (b). According to section 98(13) of the CYFSA, the court may draw any inference it considers reasonable from a person’s refusal to undergo an assessment ordered under section 98.
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Question 59 of 80
59. Question
Category: Family Law59. In a family law proceeding involving two former spouses, Donghai and Fen, a judge calculates their net family property values to be $25,000 and $30,000 respectively. What will be the resulting equalization claim?
Correct
Solution: The correct answer is (d). To determine the required equalization payment, the difference between the two net family property values must be taken, and the resulting amount should be divided by two. Therefore, the difference is $30,000 – $25,000 = $5,000, which, when divided by 2, will equal $2,500. Since Fen has the higher net family property value, she will have to pay $2,500 to satisfy the equalization claim.
Incorrect
Solution: The correct answer is (d). To determine the required equalization payment, the difference between the two net family property values must be taken, and the resulting amount should be divided by two. Therefore, the difference is $30,000 – $25,000 = $5,000, which, when divided by 2, will equal $2,500. Since Fen has the higher net family property value, she will have to pay $2,500 to satisfy the equalization claim.
Unattempted
Solution: The correct answer is (d). To determine the required equalization payment, the difference between the two net family property values must be taken, and the resulting amount should be divided by two. Therefore, the difference is $30,000 – $25,000 = $5,000, which, when divided by 2, will equal $2,500. Since Fen has the higher net family property value, she will have to pay $2,500 to satisfy the equalization claim.
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Question 60 of 80
60. Question
Category: Family Law60. Jessie, a lawyer, is representing a client in a family law dispute. One day, she receives an email from Jackson, who is the lawyer representing the opposing party in the dispute. The subject of the email had the following text: “PRIVILEGED INFORMATION – Re: The Star File, XY155”. It appeared to Jessie that the email should have been sent to Jackson’s client, not her. How should Jessie proceed?
Correct
Solution: The correct answer is (c). Rule 7.2-10 of the Rules of Professional Conduct states that when a lawyer receives a document that the lawyer knows was inadvertently sent, they should promptly notify the sender. The commentary for this rule goes on to indicate that “document” includes an email; and that determining whether privilege has been lost is beyond the scope of this rule. Therefore, according to the Rules, all the lawyer has to do is notify the sender. Here, it was Jackson who sent the email – and hence all Jessie must do is immediately notify him. (c) is therefore the correct answer.
Incorrect
Solution: The correct answer is (c). Rule 7.2-10 of the Rules of Professional Conduct states that when a lawyer receives a document that the lawyer knows was inadvertently sent, they should promptly notify the sender. The commentary for this rule goes on to indicate that “document” includes an email; and that determining whether privilege has been lost is beyond the scope of this rule. Therefore, according to the Rules, all the lawyer has to do is notify the sender. Here, it was Jackson who sent the email – and hence all Jessie must do is immediately notify him. (c) is therefore the correct answer.
Unattempted
Solution: The correct answer is (c). Rule 7.2-10 of the Rules of Professional Conduct states that when a lawyer receives a document that the lawyer knows was inadvertently sent, they should promptly notify the sender. The commentary for this rule goes on to indicate that “document” includes an email; and that determining whether privilege has been lost is beyond the scope of this rule. Therefore, according to the Rules, all the lawyer has to do is notify the sender. Here, it was Jackson who sent the email – and hence all Jessie must do is immediately notify him. (c) is therefore the correct answer.
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Question 61 of 80
61. Question
Category: Family Law61. D.J. is in the process of divorcing his spouse, Bernadette. After discussing with his lawyer, he believes he will likely be awarded an equalization payment of $10,000 to $15,000. He believes this is quite unfair, given that Bernadette recently spent most of her money at the casino. Accordingly, he asks his lawyer to obtain an order for an unequal equalization. To do this, he must prove that the result of the normal equalization calculation will be which of the following?
Correct
Solution: The correct answer is (b). For D.J. to obtain an order for an unequal equalization, he must prove the normal calculation would lead to an unconscionable result. (see section 5(6) of the Family Law Act).
Incorrect
Solution: The correct answer is (b). For D.J. to obtain an order for an unequal equalization, he must prove the normal calculation would lead to an unconscionable result. (see section 5(6) of the Family Law Act).
Unattempted
Solution: The correct answer is (b). For D.J. to obtain an order for an unequal equalization, he must prove the normal calculation would lead to an unconscionable result. (see section 5(6) of the Family Law Act).
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Question 62 of 80
62. Question
Category: Family Law62. At the end of a family law trial, the Superior Court of Justice issues a temporary order, requiring the respondent to pay the applicant $40,000, inclusive of costs and interest. The respondent would like to appeal the decision. How should the respondent proceed?
Correct
Solution: The correct answer choice is (d). Since the amount is less than $50,000 and is a temporary order, the appeal must be made in the Divisional Court, but leave must first be obtained. See section 19 (1)(b) of the Courts of Justice Act.
Incorrect
Solution: The correct answer choice is (d). Since the amount is less than $50,000 and is a temporary order, the appeal must be made in the Divisional Court, but leave must first be obtained. See section 19 (1)(b) of the Courts of Justice Act.
Unattempted
Solution: The correct answer choice is (d). Since the amount is less than $50,000 and is a temporary order, the appeal must be made in the Divisional Court, but leave must first be obtained. See section 19 (1)(b) of the Courts of Justice Act.
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Question 63 of 80
63. Question
Category: Family Law63. Case Set: Sade meets with a lawyer, Alejandra, to seek her assistance with a family law dispute. At the meeting, Sade tells Alejandra that he would like to divorce his spouse, Lillian. He explains that the couple got into a heated argument on May 1, 2020. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2020. On September 1, 2020, after yet another heated argument, Sade moved back into his friend’s apartment. It is now September 10, 2021, and Sade tells Alejandra that he has had enough and would like to permanently end his marriage. The couple have two children, one year-old twins Ronny and Melo.
What should Alejandra do during her introductory meeting with Sade?
Correct
Solution: During the initial consultation, Alejandra should discuss the various dispute resolution mechanisms available to Sade, including negotiation and mediation. Therefore, the correct answer is (b). (a) is incorrect; it would be inappropriate for Alejandra to seek Sade’s consent to contact Lillian at this stage. Instead, Alejandra needs to evaluate if she will even be retained by Sade, and hence contacting the “other side” at this point is far too premature. (c) is a weak answer; while bringing children into a meeting where a client is seeking divorce is not advisable, a lawyer cannot “restrict” a prospective client from doing so. Besides, note that Ronny and Melo are merely 1 year-old babies and would not understand what is happening. (d) is also incorrect since it is very premature to file an application when, once again, Alejandra does not yet know whether she will be retained by Sade.
Incorrect
Solution: During the initial consultation, Alejandra should discuss the various dispute resolution mechanisms available to Sade, including negotiation and mediation. Therefore, the correct answer is (b). (a) is incorrect; it would be inappropriate for Alejandra to seek Sade’s consent to contact Lillian at this stage. Instead, Alejandra needs to evaluate if she will even be retained by Sade, and hence contacting the “other side” at this point is far too premature. (c) is a weak answer; while bringing children into a meeting where a client is seeking divorce is not advisable, a lawyer cannot “restrict” a prospective client from doing so. Besides, note that Ronny and Melo are merely 1 year-old babies and would not understand what is happening. (d) is also incorrect since it is very premature to file an application when, once again, Alejandra does not yet know whether she will be retained by Sade.
Unattempted
Solution: During the initial consultation, Alejandra should discuss the various dispute resolution mechanisms available to Sade, including negotiation and mediation. Therefore, the correct answer is (b). (a) is incorrect; it would be inappropriate for Alejandra to seek Sade’s consent to contact Lillian at this stage. Instead, Alejandra needs to evaluate if she will even be retained by Sade, and hence contacting the “other side” at this point is far too premature. (c) is a weak answer; while bringing children into a meeting where a client is seeking divorce is not advisable, a lawyer cannot “restrict” a prospective client from doing so. Besides, note that Ronny and Melo are merely 1 year-old babies and would not understand what is happening. (d) is also incorrect since it is very premature to file an application when, once again, Alejandra does not yet know whether she will be retained by Sade.
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Question 64 of 80
64. Question
Category: Family Law64. Case Set: Sade meets with a lawyer, Alejandra, to seek her assistance with a family law dispute. At the meeting, Sade tells Alejandra that he would like to divorce his spouse, Lillian. He explains that the couple got into a heated argument on May 1, 2020. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2020. On September 1, 2020, after yet another heated argument, Sade moved back into his friend’s apartment. It is now September 10, 2021, and Sade tells Alejandra that he has had enough and would like to permanently end his marriage. The couple have two children, one year-old twins Ronny and Melo.
One week after the meeting, Sade agrees to retain Alejandra, who is likewise happy to represent Sade. How should Alejandra proceed next?
Correct
Solution: The best answer is (b). Lawyers should conduct a conflict check before formally accepting the retainer. Therefore, (b) should be what Alejandra does next, and prior to requesting a money retainer (hence why (c) is incorrect). Note that (a) is far too premature for Alejandra to do; also, filing a divorce application at this stage is still far too premature, which is why (d) is incorrect.
Incorrect
Solution: The best answer is (b). Lawyers should conduct a conflict check before formally accepting the retainer. Therefore, (b) should be what Alejandra does next, and prior to requesting a money retainer (hence why (c) is incorrect). Note that (a) is far too premature for Alejandra to do; also, filing a divorce application at this stage is still far too premature, which is why (d) is incorrect.
Unattempted
Solution: The best answer is (b). Lawyers should conduct a conflict check before formally accepting the retainer. Therefore, (b) should be what Alejandra does next, and prior to requesting a money retainer (hence why (c) is incorrect). Note that (a) is far too premature for Alejandra to do; also, filing a divorce application at this stage is still far too premature, which is why (d) is incorrect.
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Question 65 of 80
65. Question
Category: Family Law65. Case Set: Sade meets with a lawyer, Alejandra, to seek her assistance with a family law dispute. At the meeting, Sade tells Alejandra that he would like to divorce his spouse, Lillian. He explains that the couple got into a heated argument on May 1, 2020. Immediately afterwards, Sade moved into his friend’s apartment. After having a conversation, Sade returned to live with Lillian on June 25, 2020. On September 1, 2020, after yet another heated argument, Sade moved back into his friend’s apartment. It is now September 10, 2021, and Sade tells Alejandra that he has had enough and would like to permanently end his marriage. The couple have two children, one year-old twins Ronny and Melo.
In preparing the divorce application, what date should Alejandra put under the date of separation?
Correct
Solution: There is only one permissible ground for divorce in Canada – which is a breakdown of the marriage (Section 8(1) of the Divorce Act). Such a breakdown has occurred here, given that they seem to have lived separate and apart for more than a year. Therefore, a divorce application can be filed.
According to section 8(3)(b)(ii) of the Divorce Act, if a couple reconciles for 90 days or more, before separating again, the date of separation in the divorce application is the second date. However, in this case, Sade and Lillian only reconciled for about 65 days – from June 25, 2020 to September 1, 2020. Therefore, the date of separation should still be the first date they separated – which is May 1, 2020; (a) is hence the correct answer.
Incorrect
Solution: There is only one permissible ground for divorce in Canada – which is a breakdown of the marriage (Section 8(1) of the Divorce Act). Such a breakdown has occurred here, given that they seem to have lived separate and apart for more than a year. Therefore, a divorce application can be filed.
According to section 8(3)(b)(ii) of the Divorce Act, if a couple reconciles for 90 days or more, before separating again, the date of separation in the divorce application is the second date. However, in this case, Sade and Lillian only reconciled for about 65 days – from June 25, 2020 to September 1, 2020. Therefore, the date of separation should still be the first date they separated – which is May 1, 2020; (a) is hence the correct answer.
Unattempted
Solution: There is only one permissible ground for divorce in Canada – which is a breakdown of the marriage (Section 8(1) of the Divorce Act). Such a breakdown has occurred here, given that they seem to have lived separate and apart for more than a year. Therefore, a divorce application can be filed.
According to section 8(3)(b)(ii) of the Divorce Act, if a couple reconciles for 90 days or more, before separating again, the date of separation in the divorce application is the second date. However, in this case, Sade and Lillian only reconciled for about 65 days – from June 25, 2020 to September 1, 2020. Therefore, the date of separation should still be the first date they separated – which is May 1, 2020; (a) is hence the correct answer.
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Question 66 of 80
66. Question
Category: Public Law66. Ashvaghosha was recently called to the Ontario bar. In early 2022, he began working for ABC LLP, a large law firm in Toronto, Ontario. During an introductory meeting with a senior lawyer, Boris, he was asked how to pronounce his name. Boris found Ashvaghosha’s name difficult to pronounce and noted: “Your name is a mouthful. Do you have a nickname I can call you by?” Which of the following best describes why Boris’ actions were problematic?
Correct
Solution: The correct answer is (c). By noting that Ashvaghosha’s name was a mouthful and asking for a nickname, his comments were microaggressions. Microaggressions are negative slights often made against historically marginalized groups, reinforcing the fact that they are an outsider. Note that (a) is incorrect because it was perfectly fine for Boris to ask Ashvaghosha how to pronounce his name. There is nothing wrong with that; in fact, it can be said that is a microaffirmation, which is not a problem. (c) is incorrect because, as described above, his comments were microaggressions not microaffirmations (which are the opposite of microaggressions). (d) is also incorrect; microaggressions are microaggressions regardless of intent.
Incorrect
Solution: The correct answer is (c). By noting that Ashvaghosha’s name was a mouthful and asking for a nickname, his comments were microaggressions. Microaggressions are negative slights often made against historically marginalized groups, reinforcing the fact that they are an outsider. Note that (a) is incorrect because it was perfectly fine for Boris to ask Ashvaghosha how to pronounce his name. There is nothing wrong with that; in fact, it can be said that is a microaffirmation, which is not a problem. (c) is incorrect because, as described above, his comments were microaggressions not microaffirmations (which are the opposite of microaggressions). (d) is also incorrect; microaggressions are microaggressions regardless of intent.
Unattempted
Solution: The correct answer is (c). By noting that Ashvaghosha’s name was a mouthful and asking for a nickname, his comments were microaggressions. Microaggressions are negative slights often made against historically marginalized groups, reinforcing the fact that they are an outsider. Note that (a) is incorrect because it was perfectly fine for Boris to ask Ashvaghosha how to pronounce his name. There is nothing wrong with that; in fact, it can be said that is a microaffirmation, which is not a problem. (c) is incorrect because, as described above, his comments were microaggressions not microaffirmations (which are the opposite of microaggressions). (d) is also incorrect; microaggressions are microaggressions regardless of intent.
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Question 67 of 80
67. Question
Category: Public Law67. Which source of law gives the public the right to access records held by federal government institutions?
Correct
Solution: Section 4(1) of the federal Access to Information Act gives the public the right to access records held by federal government institutions. (c) is therefore the correct answer.
Incorrect
Solution: Section 4(1) of the federal Access to Information Act gives the public the right to access records held by federal government institutions. (c) is therefore the correct answer.
Unattempted
Solution: Section 4(1) of the federal Access to Information Act gives the public the right to access records held by federal government institutions. (c) is therefore the correct answer.
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Question 68 of 80
68. Question
Category: Public Law68. What must be recorded in the general disbursements journal that does not need to be recorded in the general receipts journal?
Correct
Solution: Sections 18(5) and 18(6) of By-Law 9 provide the information that needs to be recorded in the general receipts and general disbursements journals, respectively. Both journals require keeping track of the date, method of payment, and the amount of money involved (among other information). However, only the general disbursements journal requires keeping track of the number of the document used to make the payment (i.e. cheque number). Therefore, (d) is correct.
Incorrect
Solution: Sections 18(5) and 18(6) of By-Law 9 provide the information that needs to be recorded in the general receipts and general disbursements journals, respectively. Both journals require keeping track of the date, method of payment, and the amount of money involved (among other information). However, only the general disbursements journal requires keeping track of the number of the document used to make the payment (i.e. cheque number). Therefore, (d) is correct.
Unattempted
Solution: Sections 18(5) and 18(6) of By-Law 9 provide the information that needs to be recorded in the general receipts and general disbursements journals, respectively. Both journals require keeping track of the date, method of payment, and the amount of money involved (among other information). However, only the general disbursements journal requires keeping track of the number of the document used to make the payment (i.e. cheque number). Therefore, (d) is correct.
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Question 69 of 80
69. Question
Category: Public Law69. In making a claim pursuant to the Canadian Charter of Rights and Freedoms (the “Charter”) against a local police force, Rory would like to use a sociologist, psychologist, an anthropologist, and a statistician as expert witnesses. What must Rory keep in mind?
Correct
Solution: According to Section 12 of the Evidence Act, leave is required when a party would like to use more than three experts in a constitutional case, such as those involving a Charter claim. Given that Rory seeks to use four experts here, leave would be required. The correct answer choice is (a).
Incorrect
Solution: According to Section 12 of the Evidence Act, leave is required when a party would like to use more than three experts in a constitutional case, such as those involving a Charter claim. Given that Rory seeks to use four experts here, leave would be required. The correct answer choice is (a).
Unattempted
Solution: According to Section 12 of the Evidence Act, leave is required when a party would like to use more than three experts in a constitutional case, such as those involving a Charter claim. Given that Rory seeks to use four experts here, leave would be required. The correct answer choice is (a).
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Question 70 of 80
70. Question
Category: Public Law70. Lakisha, a lawyer, represented her client, a teacher, before the Human Rights Tribunal of Ontario. Her client alleged that she was terminated by her employer on discriminatory grounds. The Tribunal ultimately ruled in favour of her client; and the teacher’s school board was ordered to re-hire the teacher, and pay her $200,000 in damages. Lakisha had entered into a contingency fee arrangement with her client, whereby Lakisha was to obtain 25% of any award granted to the client. The arrangement was agreed upon between the parties. The court did not approve of the fee. Which of the following is true?
Correct
Solution: The correct answer is (b). According to rule 3.6-2.1(2)(b)(iv), which was newly incorporated into the Rules of Professional Conduct in February 2022, the contingency fee bill rendered to the client must clearly state the client has the right to apply to the Superior Court of Justice for an assessment in accordance with section 28.1 o the Solicitors Act 1990 and specify the latest date for doing so. Note that (a) is incorrect – rule 3.6-2 only states that lawyers may not use a contingency fee arrangement in family law, criminal or quasi-criminal matters; a public law matters such as this one is fair game. (d) is also incorrect; contingency fees have no maximum (though note that referral fees in rule 3.6.6-1 do have a maximum of $25,000).
Incorrect
Solution: The correct answer is (b). According to rule 3.6-2.1(2)(b)(iv), which was newly incorporated into the Rules of Professional Conduct in February 2022, the contingency fee bill rendered to the client must clearly state the client has the right to apply to the Superior Court of Justice for an assessment in accordance with section 28.1 o the Solicitors Act 1990 and specify the latest date for doing so. Note that (a) is incorrect – rule 3.6-2 only states that lawyers may not use a contingency fee arrangement in family law, criminal or quasi-criminal matters; a public law matters such as this one is fair game. (d) is also incorrect; contingency fees have no maximum (though note that referral fees in rule 3.6.6-1 do have a maximum of $25,000).
Unattempted
Solution: The correct answer is (b). According to rule 3.6-2.1(2)(b)(iv), which was newly incorporated into the Rules of Professional Conduct in February 2022, the contingency fee bill rendered to the client must clearly state the client has the right to apply to the Superior Court of Justice for an assessment in accordance with section 28.1 o the Solicitors Act 1990 and specify the latest date for doing so. Note that (a) is incorrect – rule 3.6-2 only states that lawyers may not use a contingency fee arrangement in family law, criminal or quasi-criminal matters; a public law matters such as this one is fair game. (d) is also incorrect; contingency fees have no maximum (though note that referral fees in rule 3.6.6-1 do have a maximum of $25,000).
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Question 71 of 80
71. Question
Category: Public Law71. Cody would like to appeal the decision of the Ontario License Appeal Tribunal (the “Tribunal”), which rejected his registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002. The Tribunal’s governing statute notes that the Statutory Powers Procedure Act will apply. Which of the following is true regarding this appeal?
Correct
Solution: The correct answer is (a). As noted by section 25 of the SPPA, appealing a decision of a Tribunal will result in a stay of the Tribunal’s order. (b), (c) and (d) are contrary to the SPPA.
Incorrect
Solution: The correct answer is (a). As noted by section 25 of the SPPA, appealing a decision of a Tribunal will result in a stay of the Tribunal’s order. (b), (c) and (d) are contrary to the SPPA.
Unattempted
Solution: The correct answer is (a). As noted by section 25 of the SPPA, appealing a decision of a Tribunal will result in a stay of the Tribunal’s order. (b), (c) and (d) are contrary to the SPPA.
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Question 72 of 80
72. Question
Category: Public Law72. After an affected party is informed of the decision of a tribunal, it would like to submit an application for judicial review to the Federal Court. How many days does the affected party have to submit this application?
Correct
Solution: According to Section 18.1(2) of the Federal Courts Act, an application for judicial review must be made by the affected party within 30 days.
Incorrect
Solution: According to Section 18.1(2) of the Federal Courts Act, an application for judicial review must be made by the affected party within 30 days.
Unattempted
Solution: According to Section 18.1(2) of the Federal Courts Act, an application for judicial review must be made by the affected party within 30 days.
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Question 73 of 80
73. Question
Category: Public Law73. Following the Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, which of the following is true regarding the standard of review that applies to an administrative body’s decision?
Correct
Solution: According to Vavilov, there is now a presumption that the appropriate standard of review is reasonableness. Therefore, (b) is the correct answer. Vavilov explicitly notes that conducting a contextual analysis to determine the standard of review is inappropriate, which is why (a) is incorrect. (c) is wrong since it is reasonableness, not correctness. (d) is incorrect because Vavilov notes that neither reasonableness nor correctness should be used to determine matters pertaining to procedural fairness; instead, the Baker factors should be used.
Incorrect
Solution: According to Vavilov, there is now a presumption that the appropriate standard of review is reasonableness. Therefore, (b) is the correct answer. Vavilov explicitly notes that conducting a contextual analysis to determine the standard of review is inappropriate, which is why (a) is incorrect. (c) is wrong since it is reasonableness, not correctness. (d) is incorrect because Vavilov notes that neither reasonableness nor correctness should be used to determine matters pertaining to procedural fairness; instead, the Baker factors should be used.
Unattempted
Solution: According to Vavilov, there is now a presumption that the appropriate standard of review is reasonableness. Therefore, (b) is the correct answer. Vavilov explicitly notes that conducting a contextual analysis to determine the standard of review is inappropriate, which is why (a) is incorrect. (c) is wrong since it is reasonableness, not correctness. (d) is incorrect because Vavilov notes that neither reasonableness nor correctness should be used to determine matters pertaining to procedural fairness; instead, the Baker factors should be used.
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Question 74 of 80
74. Question
Category: Public Law74. Section 35 of the Constitution Act, 1982 protects the existing aboriginal and treaty rights of aboriginal peoples of Canada. What is true regarding this section?
Correct
Solution: The correct answer is (d). The rights protected under section 35 can be asserted by aboriginal peoples against a private body, not just the government. (a) is incorrect because these rights may not be overridden by section 33 of the Charter. (b) is incorrect as section 35 rights cannot be limited by section 1 of the Charter. Finally, (c) is incorrect: Charter rights include fundamental freedoms (s. 2), Democratic Rights (ss. 3-5), Mobility Rights (s. 6), Legal Rights (ss. 7-14), Equality Rights (s. 15), Language Rights (s. 16-22) and Minority language education rights (s. 23). Sections 25 -34 of the Charter provide detail on how it works and to whom it applies to. Section 35 is outside of the Charter.
Incorrect
Solution: The correct answer is (d). The rights protected under section 35 can be asserted by aboriginal peoples against a private body, not just the government. (a) is incorrect because these rights may not be overridden by section 33 of the Charter. (b) is incorrect as section 35 rights cannot be limited by section 1 of the Charter. Finally, (c) is incorrect: Charter rights include fundamental freedoms (s. 2), Democratic Rights (ss. 3-5), Mobility Rights (s. 6), Legal Rights (ss. 7-14), Equality Rights (s. 15), Language Rights (s. 16-22) and Minority language education rights (s. 23). Sections 25 -34 of the Charter provide detail on how it works and to whom it applies to. Section 35 is outside of the Charter.
Unattempted
Solution: The correct answer is (d). The rights protected under section 35 can be asserted by aboriginal peoples against a private body, not just the government. (a) is incorrect because these rights may not be overridden by section 33 of the Charter. (b) is incorrect as section 35 rights cannot be limited by section 1 of the Charter. Finally, (c) is incorrect: Charter rights include fundamental freedoms (s. 2), Democratic Rights (ss. 3-5), Mobility Rights (s. 6), Legal Rights (ss. 7-14), Equality Rights (s. 15), Language Rights (s. 16-22) and Minority language education rights (s. 23). Sections 25 -34 of the Charter provide detail on how it works and to whom it applies to. Section 35 is outside of the Charter.
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Question 75 of 80
75. Question
Category: Public Law75. Benedikt brought a claim against the federal government, pursuant to the Crown Liability and Proceedings Act. Years after bringing forward the claim, his lawyer, Nuni, realizes that the relevant limitation period had expired. Therefore, the case should not have been allowed to proceed. What should Nuni do next to abide by his professional obligations?
Correct
Solution: According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not supress what ought to be disclosed. In particular, a lawyer may not deliberately avoid informing a tribunal of any binding authority that is relevant to the issue at hand. Here, the limitation period is relevant, and hence must be disclosed. Therefore, the best answer is (b). (a) is incorrect; Nuni does not need to assist the Crown with establishing a defence. (c) also fails to mention that Nuni should inform the Crown/parties about the limitation period. (d) is contrary to rule 5.1-2.
Incorrect
Solution: According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not supress what ought to be disclosed. In particular, a lawyer may not deliberately avoid informing a tribunal of any binding authority that is relevant to the issue at hand. Here, the limitation period is relevant, and hence must be disclosed. Therefore, the best answer is (b). (a) is incorrect; Nuni does not need to assist the Crown with establishing a defence. (c) also fails to mention that Nuni should inform the Crown/parties about the limitation period. (d) is contrary to rule 5.1-2.
Unattempted
Solution: According to rule 5.1-2 of the Rules of Professional Conduct, a lawyer must not supress what ought to be disclosed. In particular, a lawyer may not deliberately avoid informing a tribunal of any binding authority that is relevant to the issue at hand. Here, the limitation period is relevant, and hence must be disclosed. Therefore, the best answer is (b). (a) is incorrect; Nuni does not need to assist the Crown with establishing a defence. (c) also fails to mention that Nuni should inform the Crown/parties about the limitation period. (d) is contrary to rule 5.1-2.
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Question 76 of 80
76. Question
Category: Public Law76. Busaba is considering filing a judicial review application of a decision rendered by the Canadian Cultural Property Export Review Board, which is a federal tribunal that determines whether cultural property is of national importance. She consults with her lawyer, Santiago, for advice. How should Santiago proceed?
Correct
Solution: The best answer is (a). The fact stem notes that Busaba is merely considering filing a judicial review application. Therefore, the most appropriate way for Santiago to proceed at this point is to provide her with options and proceeding accordingly. (c) – (d) are all too premature at this point given that, once again, Busaba is still considering her options.
Incorrect
Solution: The best answer is (a). The fact stem notes that Busaba is merely considering filing a judicial review application. Therefore, the most appropriate way for Santiago to proceed at this point is to provide her with options and proceeding accordingly. (c) – (d) are all too premature at this point given that, once again, Busaba is still considering her options.
Unattempted
Solution: The best answer is (a). The fact stem notes that Busaba is merely considering filing a judicial review application. Therefore, the most appropriate way for Santiago to proceed at this point is to provide her with options and proceeding accordingly. (c) – (d) are all too premature at this point given that, once again, Busaba is still considering her options.
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Question 77 of 80
77. Question
Category: Public Law77. The Canadian Charter of Rights and Freedoms will likely apply to which of the following actions?
Correct
Solution: The best answer is (c). As noted in Eldridge v British Columbia, where a private actor is implementing a government program or initiative, it will likely be considered “government action” and subject to section 32 of the Charter. Here, CPA Ontario has been explicitly established to execute the government initiative of regulating professional accountants. Therefore, it will likely be subject to the Charter. Note that this answer choice reflects the decision of a recent case, see Chartered Professional Accountants of Ontario v Gujral, 2019 ONCJ 859, 2020 ONCJ 307 (a) is incorrect because this is a private actor, and there is no evidence in the answer choice that they have been forced or mandated to do this by the government. (b) is incorrect because it has been established that the Charter does not apply to universities or hospitals that incorporate mandatory retirement practices. Finally, (d) is incorrect because, although it is funded by the Ontario government, there is no evidence that the university – a private body – is implementing a government program or initiative.
Incorrect
Solution: The best answer is (c). As noted in Eldridge v British Columbia, where a private actor is implementing a government program or initiative, it will likely be considered “government action” and subject to section 32 of the Charter. Here, CPA Ontario has been explicitly established to execute the government initiative of regulating professional accountants. Therefore, it will likely be subject to the Charter. Note that this answer choice reflects the decision of a recent case, see Chartered Professional Accountants of Ontario v Gujral, 2020 ONCJ 307. (a) is incorrect because this is a private actor, and there is no evidence in the answer choice that they have been forced or mandated to do this by the government. (b) is incorrect because it has been established that the Charter does not apply to universities or hospitals that incorporate mandatory retirement practices. Finally, (d) is incorrect because, although it is funded by the Ontario government, there is no evidence that the university – a private body – is implementing a government program or initiative.
Unattempted
Solution: The best answer is (c). As noted in Eldridge v British Columbia, where a private actor is implementing a government program or initiative, it will likely be considered “government action” and subject to section 32 of the Charter. Here, CPA Ontario has been explicitly established to execute the government initiative of regulating professional accountants. Therefore, it will likely be subject to the Charter. Note that this answer choice reflects the decision of a recent case, see Chartered Professional Accountants of Ontario v Gujral, 2020 ONCJ 307. (a) is incorrect because this is a private actor, and there is no evidence in the answer choice that they have been forced or mandated to do this by the government. (b) is incorrect because it has been established that the Charter does not apply to universities or hospitals that incorporate mandatory retirement practices. Finally, (d) is incorrect because, although it is funded by the Ontario government, there is no evidence that the university – a private body – is implementing a government program or initiative.
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Question 78 of 80
78. Question
Category: Public Law78. Case Set: On December 2, 2021, Ontario’s Working for Workers Act (the “Act”) received royal assent. The new legislation requires employers with 25 or more employees to have a written policy about employees’ rights when it comes to disconnecting from their job at the end of the workday. It was meant to reduce burnout that has prevailed among Ontario workers throughout the COVID-19 pandemic.
Employers who fail to follow certain parts of the Act may face fines or a term of imprisonment. What constitutional power permits the Ontario government to impose such punishment?
Correct
Solution: The correct answer is (d). The provinces may impose punishment to enforce their laws, including fines and terms of imprisonments, through section 92(15) of the Constitution Act, 1867. (a) is incorrect as this is the federal criminal law power. (b) – health, and (c) – criminal justice, while both provincial powers, are not the powers used by the provinces to impose punishment.
Incorrect
Solution: The correct answer is (d). The provinces may impose punishment to enforce their laws, including fines and terms of imprisonments, through section 92(15) of the Constitution Act, 1867. (a) is incorrect as this is the federal criminal law power. (b) – health, and (c) – criminal justice, while both provincial powers, are not the powers used by the provinces to impose punishment.
Unattempted
Solution: The correct answer is (d). The provinces may impose punishment to enforce their laws, including fines and terms of imprisonments, through section 92(15) of the Constitution Act, 1867. (a) is incorrect as this is the federal criminal law power. (b) – health, and (c) – criminal justice, while both provincial powers, are not the powers used by the provinces to impose punishment.
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Question 79 of 80
79. Question
Category: Public Law79. Case Set: On December 2, 2021, Ontario’s Working for Workers Act (the “Act”) received royal assent. The new legislation requires employers with 25 or more employees to have a written policy about employees’ rights when it comes to disconnecting from their job at the end of the workday. It was meant to reduce burnout that has prevailed among Ontario workers throughout the COVID-19 pandemic.
Zo is the Chief Executive Officer of ABC Corporation, an employer based in Scarborough, Ontario. He is unhappy with the Act, which will apply to his corporation given that it has over 200 employees. He asks his Director of Legal Affairs, Gabriela, whether it would be appropriate to challenge the Act by deliberately committing a technical breach of the Act. How should Gabriela respond?
Correct
Solution: The best answer is (b). According to rule 3.2-7 of the Rules of Professional Conduct, commentary [4], a bona fide test case may be permissible and a lawyer may advise a client to proceed with a test case “so long as no injury to the person or violence is involved” and the client “in good faith and on reasonable grounds, desires to challenge or test a law and the test can most effectively be made by means of a technical breach giving rise to a test case. In all situations, the lawyer should ensure that the client appreciates the consequences of bringing a test case.” Therefore, while advising a client to act contrary to the law is generally a breach of a lawyer’s professional obligations according to rule 3.2-7, this is the one exception. This is why (a) is incorrect. (c) is not based on the Rules, and as noted above, (d) is incorrect because while it would be “illegal”, there is a possibility such actions may be appropriate to challenge legislation.
Note that although the question stem never explicitly said the Canadian International Trade Tribunal is a federal tribunal, it can be inferred based on the fact that it says “Canadian” in its name.
Incorrect
Solution: The best answer is (b). According to rule 3.2-7 of the Rules of Professional Conduct, commentary [4], a bona fide test case may be permissible and a lawyer may advise a client to proceed with a test case “so long as no injury to the person or violence is involved” and the client “in good faith and on reasonable grounds, desires to challenge or test a law and the test can most effectively be made by means of a technical breach giving rise to a test case. In all situations, the lawyer should ensure that the client appreciates the consequences of bringing a test case.” Therefore, while advising a client to act contrary to the law is generally a breach of a lawyer’s professional obligations according to rule 3.2-7, this is the one exception. This is why (a) is incorrect. (c) is not based on the Rules, and as noted above, (d) is incorrect because while it would be “illegal”, there is a possibility such actions may be appropriate to challenge legislation.
Unattempted
Solution: The best answer is (b). According to rule 3.2-7 of the Rules of Professional Conduct, commentary [4], a bona fide test case may be permissible and a lawyer may advise a client to proceed with a test case “so long as no injury to the person or violence is involved” and the client “in good faith and on reasonable grounds, desires to challenge or test a law and the test can most effectively be made by means of a technical breach giving rise to a test case. In all situations, the lawyer should ensure that the client appreciates the consequences of bringing a test case.” Therefore, while advising a client to act contrary to the law is generally a breach of a lawyer’s professional obligations according to rule 3.2-7, this is the one exception. This is why (a) is incorrect. (c) is not based on the Rules, and as noted above, (d) is incorrect because while it would be “illegal”, there is a possibility such actions may be appropriate to challenge legislation.
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Question 80 of 80
80. Question
Category: Public Law80. Case Set: On December 2, 2021, Ontario’s Working for Workers Act (the “Act”) received royal assent. The new legislation requires employers with 25 or more employees to have a written policy about employees’ rights when it comes to disconnecting from their job at the end of the workday. It was meant to reduce burnout that has prevailed among Ontario workers throughout the COVID-19 pandemic.
Several large Ontario corporations seek to directly challenge the Act. A lawyer representing these corporations senses that one of the corporation’s executives is outraged by the legislation and will likely harm someone when he attends the next court date, scheduled for next week. How should the lawyer proceed?
Correct
Solution: The best answer is (b). According to rule 5.6-3 and commentary of the Rules of Professional Conduct, if a lawyer receives information that leads them to reasonably believe that a dangerous situation is likely to develop at a court facility, the lawyer must notify the persons having responsibility for security at the facility and give particulars. The lawyer may even suggest solutions, such as enhancing security. (a) is a weaker answer for two reasons – first, the lawyer should call individuals having responsibility for security over the court, not just merely call police, and second, divulging “all details” may be contrary to a lawyer’s obligation to keep all information confidential, unless it falls within the “prevent death or serious bodily harm” exception – which there is no proof of in the fact pattern. (c) and (d) are not stipulated by the Rules.
Incorrect
Solution: The best answer is (b). According to rule 5.6-3 and commentary of the Rules of Professional Conduct, if a lawyer receives information that leads them to reasonably believe that a dangerous situation is likely to develop at a court facility, the lawyer must notify the persons having responsibility for security at the facility and give particulars. The lawyer may even suggest solutions, such as enhancing security. (a) is a weaker answer for two reasons – first, the lawyer should call individuals having responsibility for security over the court, not just merely call police, and second, divulging “all details” may be contrary to a lawyer’s obligation to keep all information confidential, unless it falls within the “prevent death or serious bodily harm” exception – which there is no proof of in the fact pattern. (c) and (d) are not stipulated by the Rules.
Unattempted
Solution: The best answer is (b). According to rule 5.6-3 and commentary of the Rules of Professional Conduct, if a lawyer receives information that leads them to reasonably believe that a dangerous situation is likely to develop at a court facility, the lawyer must notify the persons having responsibility for security at the facility and give particulars. The lawyer may even suggest solutions, such as enhancing security. (a) is a weaker answer for two reasons – first, the lawyer should call individuals having responsibility for security over the court, not just merely call police, and second, divulging “all details” may be contrary to a lawyer’s obligation to keep all information confidential, unless it falls within the “prevent death or serious bodily harm” exception – which there is no proof of in the fact pattern. (c) and (d) are not stipulated by the Rules.