Administrative Law Question Pack - Questions

1. Jerome owns a café in Toronto and is facing a human rights application filed by a former employee. He wants to know how the Human Rights Tribunal of Ontario (HRTO) initiates a proceeding. What should his paralegal advise?

  1. The tribunal assigns a hearing date once the respondent sends written submissions.
  2. The tribunal will first notify the Ontario Ombudsman to intervene.
  3. The applicant must request judicial review before the tribunal considers the matter.
  4. The tribunal serves a copy of the application and asks the respondent to file a response.

2. Olivia, a tenant in a high-rise building, is being threatened with eviction due to repeated noise complaints. She believes these complaints are exaggerated and the process was unfair. Where should Olivia begin her legal response?

  1. Request WSIB investigation into the landlord’s practices.
  2. Seek a motion for judicial review through the Landlord and Tenant Board.
  3. File a tenant application with the LTB to dispute the eviction notice.
  4. File an application to the Divisional Court to stay the eviction.

3. What legal document starts a Small Claims Court action in Ontario?

  1. Plaintiff’s Claim.
  2. Application for Civil Remedy.
  3. Notice of Hearing.
  4. Statement of Claim.

4. Rachel, a paralegal, is preparing to represent a client before the Licence Appeal Tribunal in a dispute involving an insurance benefit denial. What type of proceeding is this?

  1. A claims negotiation under the SPPA.
  2. A hearing regarding a Statutory Accident Benefits Schedule (SABS) claim.
  3. An appeal under the Workplace Safety and Insurance Appeals Tribunal.
  4. A dispute resolution under the Financial Services Commission Act.

5. When may a paralegal act for a client in a criminal matter in Ontario?

  1. If the paralegal is supervised by a Crown attorney.
  2. Only if the offence is within the jurisdiction of the Ontario Court of Justice and proceeds summarily.
  3. As long as the client consents, regardless of offence type.
  4. Only when the accused is pleading guilty to a serious indictable offence.

6. Paralegal Sasha's client, Malik, owns a small HVAC business and recently hired his first employee. He asks when he must register with the WSIB. What should Sasha explain?

  1. Employers must register only after paying more than $20,000 in payroll.
  2. WSIB registration is optional until the first workplace incident occurs.
  3. Only federally incorporated businesses are required to register with the WSIB.
  4. Employers in Schedule 1 or 2 industries must register within 10 days of hiring their first worker.

7. Paralegal Reena represents a client, Tamika, who was denied ODSP after missing the documentation deadline. Reena learns Tamika was living in a shelter at the time. What is Reena's best course of action?

  1. Reapply through Ontario Works instead.
  2. Submit a new application once housing is stabilized.
  3. File a Notice of Appeal with the Divisional Court immediately.
  4. Request an internal review, explaining the exceptional circumstances.

8. Paralegal Denise is representing a client before the Licence Appeal Tribunal. She is preparing for a virtual hearing and wants to confirm current procedural steps. Where should she start?

  1. Check the tribunal’s website for updated rules and filing tools.
  2. Ask opposing counsel for procedure advice.
  3. Submit materials and wait for further direction from the tribunal.
  4. Refer to a general legal textbook.

9. What best describes the Social Benefits Tribunal’s jurisdiction when reviewing decisions by Ontario Works administrators or the ODSP Director?

  1. It only hears matters related to overpayment or fraud.
  2. It can rewrite benefit rules to ensure fairness.
  3. It may apply human rights principles but cannot declare legislation unconstitutional.
  4. It may grant Charter remedies directly.

10. Peter, a former tenant, was forced to leave after his landlord claimed his daughter needed the unit. A month later, Peter discovers the unit was rented on Airbnb. What can Peter do?

  1. File an appeal with the Divisional Court.
  2. File a complaint with the municipality's by-law office.
  3. Reoccupy the unit by force.
  4. Apply to the Landlord and Tenant Board for damages as a former tenant.

11. Which best characterizes how the Ontario Labour Relations Board conducts consultations compared to formal hearings?

  1. Consultations are informal, rely heavily on written submissions, and rarely involve oral evidence.
  2. They always include sworn testimony and live cross-examination.
  3. They are more lengthy and formal than hearings.
  4. Only employers are allowed to participate in consultations.

12. What is one key procedural difference between interim assistance under ODSP and Ontario Works?

  1. Interim assistance from ODSP is only available to current recipients, while OW extends it to applicants and recipients.
  2. OW must provide benefits in every case where an appeal is pending.
  3. ODSP always grants interim assistance if requested.
  4. ODSP and OW treat interim relief exactly the same way.

13. What is one major implication of the no-fault structure under Ontario’s Workplace Safety and Insurance Act (WSIA)?

  1. Workers must prove employer negligence in every case.
  2. Workers’ civil right to sue for workplace injuries is removed or restricted.
  3. Workers can sue coworkers but not employers.
  4. The WSIB is optional if the employee prefers private insurance.

14. Paralegal Mira is assisting her client, Louis, in challenging a decision from a regulatory agency that failed to provide a fair hearing. The governing statute is silent. What principle applies?

  1. The doctrine of implied jurisdiction.
  2. The common law duty of procedural fairness.
  3. The principle of evidentiary exclusivity.
  4. The maxim audi alteram partem does not apply to regulators.

15. In Ontario Land Tribunal proceedings, what is the legal distinction between a “participant” and a “party”?

  1. Participants must be represented by legal counsel.
  2. Participants may submit written statements but cannot call or question witnesses.
  3. Participants can make motions and seek costs from other parties.
  4. Participants automatically convert to full parties if they speak at a hearing.

16. Paralegal Dev is assisting a tenant, Mandy, who wants to withhold rent because her landlord hasn't provided the prescribed standard lease. What option is available under the Residential Tenancies Act?

  1. Apply directly to court for retroactive rent reduction.
  2. Withhold up to one month's rent after giving written demand.
  3. Refuse to pay any rent until the lease is delivered.
  4. File a complaint with the municipality’s licensing office.

17. Paralegal Farrah is representing a client at the Ontario Land Tribunal (OLT) where expert testimony in land-use planning will be offered. What is required for the expert to give opinion evidence?

  1. The expert must be a full-time municipal planner.
  2. The expert’s CV is submitted and qualifications vetted by the tribunal.
  3. The expert must have given evidence at the tribunal in the past.
  4. The expert must receive unanimous consent from the parties.

18. Paralegal Selena is initiating a zoning appeal for her client, Dave. What procedural step must she take to validly commence the appeal?

  1. File a completed appeal form, fee, and supporting materials with the municipality or the OLT.
  2. Serve notice by courier to all interested residents in the jurisdiction.
  3. Submit a letter requesting reconsideration directly to council.
  4. Wait for a denial letter and file a motion at the Divisional Court.

19. Paralegal Nico is reviewing a recent decision from a tribunal to determine whether the decision exceeded its authority. What should be his first step?

  1. Contact the tribunal directly for clarification.
  2. Analyze the statute or regulation to identify the source and scope of delegated authority.
  3. Submit an immediate appeal.
  4. Review unrelated decisions from similar tribunals.

20. Jamie, a union representative, is helping a worker who was denied the right to vote in a representation vote. What is likely to happen with that vote?

  1. It will be destroyed and excluded from the count.
  2. It will be segregated and reviewed by the OLRB if necessary.
  3. It will be automatically included if a union rep makes a request.
  4. It will be counted only if the employer agrees.

21. To begin an appeal at the Social Benefits Tribunal, what form must be submitted, and what must it contain?

  1. Form 10: Disability Report; containing the client’s medical history.
  2. Form B: Notice of Motion; listing all tribunal members involved.
  3. Form 1: Notice of Appeal; including decision dates, review information, and appeal grounds.
  4. Form 6B: Summons; with hearing times and locations.

22. Paralegal Mira’s client, Hassan, believes his tribunal hearing was procedurally unfair, but there’s no formal appeal available. What should Mira consider?

  1. Bringing a judicial review application in Divisional Court.
  2. Appealing directly to the Attorney General.
  3. Reopening the application with another tribunal.
  4. Submitting a policy complaint to the tribunal registry.

23. Paralegal Theo is advising a client who failed to attend an insurer’s examination under section 44 of the SABS. The insurer is now refusing to process the claim. What is the most critical consideration?

  1. A late attendance letter will automatically reopen the file.
  2. A tort claim may replace the accident benefits process.
  3. Attendance at the insurer’s examination is a requirement for LAT access.
  4. A caregiver benefit can be claimed instead.

24. Gabriel is assisting a worker injured by a delivery driver while on the job. WSIB has issued an election form. What must Gabriel ensure his client understands?

  1. That the client can choose to do nothing and preserve both options.
  2. That the client must decide within 3 months whether to sue or claim WSIB benefits.
  3. That the client may pursue both civil and WSIB claims simultaneously.
  4. That the client must sue the third party within 30 days.

25. Which statement best reflects how reprisal is addressed under Ontario’s Human Rights Code?

  1. Reprisal must be proven only by showing that the complainant experienced stress.
  2. Reprisal can include threats or acts in response to someone asserting Code rights.
  3. Reprisal must occur within 30 days of a human rights complaint.
  4. Reprisal protection is limited to cases involving racial discrimination.

26. Why do administrative tribunals rely on practice directions and procedural rules?

  1. To bypass statutory requirements in complex matters.
  2. To ensure procedural fairness and help guide consistent decision-making.
  3. To advertise the tribunal’s independence to the public.
  4. To allow for informal resolution without written decisions.

27. Under the Statutory Accident Benefits Schedule, which of the following is only available to catastrophically impaired claimants or those who purchased additional coverage?

  1. Income-replacement benefit.
  2. Medical and rehabilitation benefit.
  3. Housekeeping and home maintenance benefit.
  4. Death and funeral benefits.

28. Which of the following is not permitted for a landlord to collect at the beginning of a residential tenancy?

  1. A refundable key deposit equal to replacement cost.
  2. First and last month’s rent.
  3. A non-refundable cleaning fee for pets.
  4. A post-dated rent cheque.

29. Malik, a paralegal, submitted new medical documents 10 days before his client’s Social Benefits Tribunal hearing. What must he ensure about these submissions?

  1. That the new records are certified by a board of health.
  2. That they relate to the decision date and are submitted with a medical form.
  3. That they are endorsed by the opposing party.
  4. That the SBT received them by fax no later than 5 days before the hearing.

30. What is the core role of the Workplace Safety and Insurance Appeals Tribunal (WSIAT)?

  1. Reviewing WSIB’s corporate policy manual.
  2. Enforcing employer compliance with insurance payments.
  3. Hearing appeals from final WSIB decisions and ruling on right-to-sue issues.
  4. Handling complaints about return-to-work delays.

31. Paralegal Andre wants to assist a client in filing a judicial review application following a Human Rights Tribunal decision. What important limitation must he consider?

  1. Paralegals are restricted from acting on judicial review applications.
  2. Paralegals may act only in judicial reviews at the Small Claims Court level.
  3. Paralegals may act fully in Divisional Court.
  4. Paralegals may apply for review but cannot appear orally.

32. Under the Occupational Health and Safety Act and similar legislation, what is one of the Ontario Labour Relations Board's (OLRB) key responsibilities?

  1. Auditing employers’ compliance with employment standards.
  2. Hearing workplace reprisal complaints from employees.
  3. Investigating criminal misconduct in workplace environments.
  4. Certifying safety training instructors for Ministry compliance.

33. Landlord Miriam collected a rent deposit from her tenant at the start of the lease. What is she required to do annually under the Residential Tenancies Act?

  1. Recalculate the deposit based on current inflation data.
  2. Apply the deposit to the final rent payment automatically.
  3. Pay interest to the tenant based on the rent increase guideline.
  4. Re-issue a lease with updated financial terms.

34. What is the key adjudicative role of the Licence Appeal Tribunal (LAT) when it comes to accident benefits disputes?

  1. It enforces road safety measures and traffic tickets.
  2. It resolves disputes about fault in vehicle collisions.
  3. It has exclusive jurisdiction over accident benefit disputes under the SABS.
  4. It handles regulatory appeals under the Insurance Act only.

35. Paralegal Leila represents a unionized employee who filed a human rights complaint while also pursuing a grievance. What is the most likely step the Human Rights Tribunal of Ontario (HRTO) will take?

  1. The HRTO will decide the application and grievance together.
  2. The HRTO will defer the complaint until the grievance process is complete.
  3. The HRTO will immediately dismiss the human rights application.
  4. The HRTO will require the union to represent both matters.

36. What was a key impact of the Supreme Court’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov (2019) on administrative law?

  1. It abolished the judicial review process in federal courts.
  2. It eliminated all statutory appeals from tribunals.
  3. It clarified the standard of review and established a reasonableness framework.
  4. It gave tribunals full immunity from judicial intervention.

37. What distinguishes the Ontario Labour Relations Board (OLRB) from a traditional court?

  1. It holds private ex parte hearings without notice.
  2. It refers disputes directly to the Ministry of Labour.
  3. It emphasizes mediation and resolution through experienced neutrals.
  4. It requires all decisions to be made by a panel of three adjudicators.

38. Which of the following best reflects the legal principle behind “reasonable apprehension of bias”?

  1. Only proven bias can invalidate a decision.
  2. A decision is fair if the outcome is legally correct.
  3. The appearance of bias to an informed observer may render a decision invalid.
  4. Allegations of bias require police investigation.

39. Paralegal Amira is helping a client who received a denial of non-earner benefits during the early months of the COVID-19 pandemic. What rule applies to the limitation period?

  1. All COVID-period denials are considered null and void.
  2. Denials issued between March 16 and September 14, 2020, are deemed issued on September 14, 2020.
  3. The pandemic suspended all appeal rights indefinitely.
  4. A judicial extension must be requested from LAT.

40. Paralegal Jasmine is advising her tenant client who recently adopted a cat despite having signed a lease with a "no pets" clause. What should she explain?

  1. The pet clause is legally valid and eviction is automatic.
  2. The landlord may fine the tenant for breaching the lease.
  3. Pet restriction clauses are void under the RTA, except in certain cases.
  4. The lease is cancelled if pets are discovered on the premises.

41. Paralegal Devon is representing a client in an unfair labour practice complaint under the Ontario Labour Relations Act. What must Devon keep in mind when alleging that the employer dismissed the client for discriminatory reasons?

  1. That mediation must occur before a hearing.
  2. That the burden of proof lies entirely with the employee.
  3. That the employer bears the onus to prove they did not violate the Act.
  4. That the complaint must be filed within 7 days.

42. Paralegal Talia is researching the authority and rules governing an administrative tribunal. What legal source should she consult first to identify its powers and required procedures?

  1. Municipal by-laws.
  2. Judicial opinions from unrelated tribunals.
  3. The enabling statute and associated regulations.
  4. Past decisions from private arbitrators.

43. What may happen if an insured person submits their OCF-1 application for accident benefits late and does not provide a reasonable explanation?

  1. The claim is automatically accepted.
  2. The insurer must offer mediation under the SABS.
  3. The claim is converted into an income-replacement benefit.
  4. The insurer may deny benefits due to non-compliance.

44. Paralegal Jonah is unsure whether the Statutory Powers Procedure Act applies to a specific tribunal proceeding. What should he examine first?

  1. Whether the tribunal has a website.
  2. Whether the client agrees to SPPA coverage.
  3. Whether the tribunal is excluded under SPPA s. 3(2) or must hold a hearing “by law.”
  4. Whether the tribunal has a code of professional conduct.

45. What jurisdictional requirement must be met for a human rights tribunal to hear a claim?

  1. The issue must arise in an enumerated social area and relate to a prohibited ground.
  2. The claim must allege a criminal offence.
  3. The claimant must show serious financial hardship.
  4. The claimant must have exhausted political remedies.

46. Paralegal Jason is helping a client who was dismissed after being injured and unable to perform regular duties. He suspects discrimination. What is the most important step to establish a prima facie case?

  1. Prove diagnostic medical details of the condition.
  2. Show the dismissal breached the client’s employment contract.
  3. Show that disability was a factor in the dismissal and no accommodation was provided to the point of undue hardship.
  4. Demonstrate that the employer considered alternate duties.

47. Which scenario best describes when a duty of procedural fairness applies—even outside a formal hearing?

  1. A decision made by a judge in criminal court.
  2. A municipality’s decision about tax policy.
  3. An administrative decision with significant personal consequences, where no formal hearing is held.
  4. An arbitrator’s ruling on cost awards in a civil proceeding.

Case 1

Noor owns a small tutoring centre in Mississauga that specializes in academic coaching for teens with learning disabilities. One day, she receives a surprise visit from a provincial education compliance officer. Without providing written reasons or prior notice, the officer orders Noor to suspend operations immediately, citing vague “licensing irregularities.” Noor is confused—she believed her centre was properly registered. Concerned about the sudden disruption and reputational damage, she contacts her paralegal, Ezra, to assess the situation and consider legal remedies.

Questions 48 to 50 refer to Case 1

48. Ezra begins by evaluating whether the officer lawfully exercised the authority to shut down the tutoring centre. What is the most appropriate first step?

  1. File a discrimination complaint with the Ontario Human Rights Commission.
  2. Review the centre’s lease agreement for a breach of contract.
  3. Identify the enabling statute or regulation and examine whether the closure power was properly used.
  4. Launch a Charter challenge against the provincial education ministry.

49. Ezra learns that Noor has the right to challenge the officer’s order before an education oversight tribunal. What procedural protection is Noor most likely entitled to?

  1. Automatic reinstatement of her licence pending the hearing.
  2. The right to select which tribunal member hears her appeal.
  3. A chance to respond to allegations and present evidence.
  4. Immediate compensation for income lost during the shutdown.

50. Suppose the tribunal confirms the closure but offers vague reasoning and fails to address Noor’s evidence. On what ground might Ezra most effectively seek judicial review?

  1. The decision contradicts food service regulations.
  2. The tribunal lacked jurisdiction over tutoring businesses.
  3. The decision was unreasonable and lacked clear justification.
  4. Judicial review permits automatic substitution of court views.