Barrister Practice Exam A - Questions

Civil Litigation

1. Brent, a civil litigator, has been repeatedly late in filing materials in multiple actions over the past year. Several judges have commented on his lack of diligence, and opposing counsel have begun reporting the delays to the Law Society. Brent believes the complaints are exaggerated and is unsure whether he is required to respond.

What must Brent do upon receiving Law Society correspondence about these complaints?

A) He can ignore them if he believes the complaints lack merit.

B) He may respond selectively to avoid self-incrimination.

C) He must respond promptly and fully to all Law Society communications.

D) He should ask a colleague to respond on his behalf.

2. Ethan is a lawyer retained by three co-trustees to represent an estate in a civil claim for fraud. He begins acting on the instructions of one trustee only, assuming consensus. The other two trustees later file a complaint, alleging Ethan was unauthorized to proceed.

Which of the following best reflects Ethan’s obligations?

A) Ethan was entitled to act based on any one trustee’s instructions unless specifically informed of a disagreement.

B) Ethan must obtain authority from all co-trustees to act on the estate’s behalf, as failure to do so may constitute acting without proper authority.

C) The requirement for full consensus may be waived by the court if delay or prejudice would result from insisting on unanimity.

D) A written agreement signed by a single trustee is ordinarily sufficient to allow legal representation unless challenged in court.

3. During a mandatory mediation in Windsor, the plaintiff and defendant reach a tentative verbal settlement involving future payments and a confidentiality clause. Their lawyers agree to finalize terms in writing within 48 hours. The next day, the defendant reconsiders and denies any binding agreement was reached.

What recourse does the plaintiff have?

A) None; a settlement is binding only if signed at the mediation.

B) File a motion under for judgment under the terms of the verbal agreement.

C) Bring a fresh action to enforce the agreement based on estoppel.

D) File a report with the coordinator and seek a renewed mediation.

4. Dennis, a civil litigator, regularly communicates with clients by email but often fails to acknowledge receipt or follow up. In one matter, the client sent three emails over two weeks requesting an update on a scheduled mediation. Dennis did not reply until the day before the mediation, by which time the client had made other plans and missed the session. Dennis argues that he had no new information to share and intended to respond when the file progressed.

What does this situation illustrate about client communication?

A) A lawyer is not obligated to reply until there is meaningful progress to report on the client’s file.

B) The client’s expectations may have been unrealistic, and silence should not be equated with neglect in the absence of adverse outcomes.

C) While less than ideal, Dennis’s overall handling of the matter meets the standard expected of a competent legal professional.

D) Lawyers must maintain regular communication to meet client expectations, even in the absence of new developments.

5. A party seeks to challenge service ex juris of a statement of claim alleging a tort committed in Ontario. The statement of claim references Rule 17.02(g) as the basis for service but provides no affidavit evidence. The defendant moves under Rule 17.06 to set aside service.

What is the court’s likely response?

A) The court will dismiss the proceeding due to lack of supporting affidavit evidence.

B) The court will refuse jurisdiction unless the plaintiff proves convenience of forum.

C) The court may uphold service if the facts in the pleading disclose a proper basis.

D) The court must always require leave before permitting service ex juris.

6. Amira represents a minor in a civil proceeding involving property damage. She is retained by the minor’s parent but receives no formal appointment of a litigation guardian. She proceeds to file pleadings and attend preliminary motions.

What issue arises from Amira’s conduct?

A) None, because the parent is implicitly the guardian.

B) She must obtain leave of the court before acting for a minor.

C) She may be acting improperly because a litigation guardian must be formally appointed.

D) She can proceed as long as opposing counsel does not object.

7. Marc, a French-speaking litigant, initiates a personal injury claim in Ottawa. He files all pleadings in French and requests that the matter be heard in French. The court administrator notifies Marc that there are no bilingual judges available on the originally scheduled hearing date. Marc insists on proceeding as scheduled in French.

Which of the following best reflects the court’s obligations?

A) The court must continue with the existing hearing date and hold the proceeding in English if it cannot find a French-speaking judge.

B) The court must adjourn the hearing and assign a bilingual judge to hear the matter in French.

C) The court may arrange for certified interpretation services to enable an English-speaking judge to preside over the hearing without delay.

D) The court may proceed in English unless both parties formally elect to have the hearing conducted entirely in French under the Courts of Justice Act.

8. Sarah files a trial record and sets the matter down for trial. Two weeks later, she discovers that the defendant has failed to fulfill an undertaking given during discovery. She seeks to bring a motion to compel compliance. The defendant argues leave is required.

How should the court respond?

A) Deny the motion; interlocutory steps are barred post-trial listing.

B) Allow the motion without leave under Rule 48.04(3).

C) Permit the motion only if plaintiff first seeks leave under Rule 48.04(1).

D) Adjourn the motion pending trial unless prejudice is shown.

9. During civil jury selection in a defamation action, plaintiff’s counsel seeks to exclude several prospective jurors because they work in media, arguing potential bias. Counsel proposes questioning these jurors to determine suitability. The trial judge declines, noting that the Juries Act does not allow challenge for cause in civil trials, and only peremptory challenges are permitted.

Was the judge correct in their decision?

A) Yes; in Ontario civil trials, parties are limited to four peremptory challenges and no cause challenges.

B) No; the court should have allowed cause-based questioning in a defamation matter.

C) Yes; challenge for cause is available only with prior motion under Rule 52.02.

D) No; any juror working in the subject matter of the claim must be removed.

10. Martin, one of three codefendants, files a crossclaim against his two co-defendants for contribution and indemnity under the Negligence Act. He also files a defence to the plaintiff’s claim. The co-defendants argue that no defence to the crossclaim is required.

Are the co-defendants correct in asserting that no defence to the crossclaim is required?

A) Yes, a defence is not required if the facts are already pleaded.

B) No, a defence must always be filed to preserve rights.

C) No, unless the plaintiff consents to waiving it.

D) Yes, but only if the crossclaim is limited to contractual indemnity.

11. A defendant seeks to set aside a registrar’s order dismissing the action for delay under Rule 48.14. The defendant argues they were unaware of the order until one week prior to bringing the motion. They file promptly and serve the plaintiff.

Which rule applies and what is the standard for success?

A) Rule 37.14 applies; the defendant must act promptly and show arguable merit.

B) Rule 57.03 applies; costs must first be paid before the motion proceeds.

C) The motion is barred because no appeal was filed within 30 days.

D) Rule 37.02 applies; only a judge may hear a motion involving registrar orders.

12. Olivia serves a summons to witness on Ethan, a former supervisor employed by the defendant, asking him to testify about email procedures relevant to spoliation. She personally delivers the summons but fails to include attendance money. Ethan does not appear. Olivia applies for a contempt citation under Rule 60.11.

Is Ethan’s non-attendance sanctionable?

A) Yes, because personal service of the summons imposes an obligation to attend regardless of any technical defect in the service process.

B) No, because a summons to witness is not properly served unless it is accompanied by attendance money, and without that payment, the service is deficient and cannot support a contempt citation unless rectified.

C) Yes, but only if the witness has signed an acknowledgment confirming that they received and understood the summons and were aware of the hearing date.

D) No, unless the summons was first issued by the registrar and formally endorsed with a returnable date scheduled through the court.

13. Elena receives the opposing party’s affidavit of documents, which uses generic language in Schedule B: “All documents between solicitor and client prepared in contemplation of litigation.” She brings a motion challenging the sufficiency of disclosure.

How is the court likely to rule?

A) Dismiss the motion; such language is customary and valid.

B) Require Elena to first examine the affiant before challenging the affidavit.

C) Order a further and better affidavit listing documents with sufficient particulars.

D) Accept the affidavit; the onus is on Elena to prove improper privilege claims.

14. At the start of a medical malpractice trial, the defence brings a motion under Rule 52.06(1) for an exclusion order to bar all non-party witnesses from the courtroom until they testify. The plaintiff objects, requesting that their lead expert be allowed to remain throughout the trial to assist counsel with technical matters and trial strategy.

How should the court respond to this request?

A) The expert must be excluded under Rule 52.06, as are all non-parties.

B) The court may permit the expert to remain if satisfied their presence is essential to instruct counsel.

C) The expert may stay only if the parties jointly consent.

D) The expert can only remain if they are called first and then excused.

15. Emily, a sole practitioner, agrees to act for a tenant advocacy group through a civil society organization (CSO). Her client is a vulnerable newcomer seeking legal aid. CSO staff often ask to review client files and routinely handle intake notes. Emily feels uneasy but is told “everyone here shares information to help the clients.” One day, she discovers that the client’s immigration history was shared with a funding agency without consent.

What was Emily’s professional obligation in this situation?

A) She should have shared relevant information when asked, provided the aim was to improve coordinated service delivery across the organization.

B) She is only responsible for a confidentiality breach if she directly disclosed the sensitive information to a third party.

C) She ought to have encouraged the CSO staff to attend a legal education seminar to better understand the rules around privileged communication.

D) She had a duty to protect client information from all third parties, including CSO staff.

16. Oliver brings a motion under Rule 21.01(1)(b) to strike a claim that alleges “psychological injury caused by seeing a photo of a spoiled product in a grocery store.” He argues the claim is plainly and obviously doomed to fail and discloses no reasonable cause of action. The plaintiff argues that psychological harm is a novel but valid theory.

How should the court approach this motion to strike at the pleadings stage?

A) Novel claims must be dismissed without analysis at the pleadings stage because they lack precedent.

B) The plaintiff must produce evidence to show the psychological harm was reasonably foreseeable and supported by facts.

C) The court must assume all material facts pleaded are true and assess whether it is plain and obvious that the claim cannot succeed, even where the legal theory is novel or untested.

D) The court is permitted to assess the strength of evidence and weigh credibility if the claim appears to involve unorthodox elements.

17. A judge orally delivers reasons in court dismissing a plaintiff’s claim but indicates that formal written reasons and a finalized order will follow “in due course.” No order is issued or entered for another three weeks. The plaintiff wishes to appeal and wants to know when the 30-day appeal clock begins to run.

What date governs the calculation of the time to appeal?

A) The date the written reasons are released.

B) The date the formal judgment is entered with the court registrar.

C) The date of the oral pronouncement in open court.

D) The date that appeal counsel is retained.

18. Miranda sues her employer for breach of contract, alleging she was promised a $20,000 bonus “for exceptional service” but never received it. The employer delivers a statement of defence denying the promise and pleading that, even if such a bonus were discussed, Miranda failed to meet the sales targets required to trigger the payment. Miranda delivers no reply. At trial, she testifies that the bonus was discretionary and not linked to any target. The defence objects to the testimony as inadmissible.

Which of the following is most accurate?

A) The objection fails, because failure to deliver a reply results in deemed denial.

B) The objection succeeds, because Miranda was required to reply to the defence's new facts.

C) The objection succeeds, because sales targets were not pleaded by Miranda.

D) The objection fails, because the court may admit oral evidence to interpret contracts.

19. After a failed mediation, a plaintiff sues three defendants jointly and severally. Only one, Ravi, makes a Rule 49 offer for $60,000 and explicitly accepts joint and several liability. The other two defendants do not participate. The plaintiff wins $65,000 at trial. Ravi seeks substantial indemnity costs.

What must the court determine?

A) Whether Ravi’s offer met Rule 49.11(b)(ii) by involving all defendants.

B) Whether Ravi’s offer included full contribution from the others.

C) Whether Ravi’s offer covered the total amount and satisfied cost-sharing requirements.

D) Whether Ravi agreed to joint and several liability for the whole amount.

20. In a personal injury action, the plaintiff obtains a surveillance video from a private investigator after discovery ends. The defendant requests production under Rule 30.10, alleging the video is relevant and the plaintiff plans to rely on it at trial.

What is the correct result?

A) The motion should be granted; Rule 30.10 permits late-stage discovery of non-party documents.

B) The motion should be dismissed unless the video was listed in an affidavit of documents.

C) The court will deny the motion unless privilege is expressly waived.

D) Rule 30.10 does not apply to parties and cannot be used to compel plaintiff production.

21. Leo, a litigation lawyer, agrees to act for a woman who is a litigation guardian for her elderly father. The father suffers from advanced dementia and cannot give instructions. Leo proceeds with the matter based on instructions from the daughter but does not verify her authority or obtain any written proof of her status as litigation guardian. Later, another family member files a motion challenging the daughter’s authority and accuses Leo of acting without lawful instructions.

What should Leo have done?

A) Acted based on the daughter's representations alone.

B) Proceeded with caution but relied on oral confirmation.

C) Informed the court of the capacity concerns without taking instructions.

D) Confirmed in writing that the daughter was the authorized representative and verified her authority.

22. Amira, a civil litigator, accepts a contingency fee matter but quickly realizes that the client's case is unlikely to succeed. She does not want to discourage the client too soon and continues to give optimistic updates while quietly preparing for dismissal. She does not update the client on negative developments or reassess the strategy with the client. After the case is dismissed, the client complains that she was misled about the likelihood of success.

What duty did Amira most clearly fail to uphold?

A) The duty to fight the case aggressively in pursuit of her client’s best interest, regardless of personal doubts about outcome.

B) The duty to inform the Law Society of negative case results and adjust her internal risk protocols to avoid misleading clients in future.

C) The duty to revise the financial terms of the contingency agreement in light of deteriorating prospects for recovery.

D) The duty to provide candid and honest advice about the risks and probable outcomes.

23. Jared is representing his client, a young Black man, in a personal injury trial. During trial preparation, Jared tells his client to “dress well and avoid looking angry” in court, saying it will help counter “the stereotypes.” The client becomes visibly upset and asks Jared to explain the comment, but Jared brushes it off, insisting he's "just trying to help." When the trial ends, the client files a complaint with the Law Society, asserting that Jared’s remarks were racially offensive and demonstrated a lack of understanding of his lived experience. Jared is surprised and insists he was just giving practical advice.

What is the most accurate assessment of Jared’s conduct?

A) Jared was using his experience as a litigator to guide his client on courtroom appearance and demeanor, which is part of effective advocacy.

B) His remarks, though potentially awkward, were clearly intended to assist the client and therefore cannot amount to professional misconduct.

C) Jared’s responsibility was to prepare his client for court, and since his comments were not made maliciously, they fall within the duty of candour.

D) Jared’s comments may reflect unconscious bias and a failure of cultural competence.

24. A plaintiff files a claim against a corporate director for inducing a breach of contract. The pleading does not allege that the director acted outside their corporate role or committed an independent tort. The defendant brings a Rule 21.01(1)(b) motion to strike the claim.

How is the court most likely to rule on the motion?

A) The motion will be dismissed because directors may always be personally liable.

B) The court will grant the motion and strike the claim against the director.

C) The court will order that the plaintiff amend the claim to add more details.

D) The court will defer the issue to trial to consider the director’s role.

25. Two co-plaintiffs sue a software vendor for misrepresentation. One seeks $180,000 in damages; the other claims $225,000. Both actions arise from the same facts, and they elect to proceed jointly under the simplified procedure. The defendant objects in its defence, citing that one plaintiff’s claim exceeds the monetary cap. The plaintiffs do not amend.

At trial, the first plaintiff is awarded $160,000, and the second’s claim is dismissed. They request costs on the basis of judicial economy.

What is the correct result under the Rules?

A) Both plaintiffs are denied costs because the action should have proceeded under the ordinary procedure.

B) The first plaintiff may recover costs, but the second is barred.

C) The court has discretion to award costs to both plaintiffs due to the factual overlap.

D) Only the defendant may recover costs for the dismissed claim.

26. An applicant in Toronto files a notice of application for approval of a trust variation under Rule 14.05(3)(f). The applicant estimates the hearing will take three hours but does not obtain a date from the registrar before serving the notice. On the return date, the judge raises the issue of scheduling compliance.

What scheduling rule governs the timing of such applications?

A) Applications over two hours require pre-approval of hearing dates.

B) All applications must be scheduled through the Civil Scheduling Office.

C) The court must assign a judge upon filing regardless of duration.

D) No approval is needed for hearings under four hours unless ordered.

27. Two defendants in a negligence suit, Liam and Nadia, each file third party claims against unrelated parties. Liam sues TransitCo; Nadia sues AutoPart Inc. TransitCo wishes to sue AutoPart Inc. as they believe AutoPart is jointly liable.

How must TransitCo proceed?

A) By filing a crossclaim against AutoPart Inc.

B) By filing a fourth party claim.

C) By joining AutoPart in Liam’s third party claim.

D) By seeking leave to intervene in the main action.

28. Gabriel, a senior litigator, accidentally misses a key limitation period in a commercial case. He realizes the error cannot be readily corrected and may lead to the dismissal of the claim. He hesitates to inform the client and is unsure whether to notify LAWPRO. Instead, he begins settlement discussions, hoping to resolve the matter quietly.

What is Gabriel professionally obligated to do?

A) Attempt to negotiate a resolution quietly and disclose the missed deadline only if it becomes relevant during discussions or court proceedings.

B) Promptly inform the client of the error, recommend independent legal advice, and notify the insurer in accordance with professional obligations and insurance reporting rules.

C) File a motion to attempt procedural relief from the limitation period and proceed with litigation strategy while withholding disclosure of the mistake.

D) Wait and see whether opposing counsel relies on the limitation defence before taking any formal steps or disclosures regarding the error.

29. Hassan moves to stay an action based on duplication of proceedings. He files a motion record but fails to attach pleadings from the related matter pending in Quebec. The court refuses to grant the stay, citing evidentiary insufficiency.

What rule governs the court’s decision?

A) Rule 39.01 prohibits affidavit hearsay without cross-examination.

B) Rule 37.10 requires full motion records for interjurisdictional relief.

C) Pleadings from another action must be proved under Rule 39.01 or Rule 39.03.

D) A party must always file certified translations for out-of-province actions.

30. Julie seeks to introduce a bundle of her client’s clinical notes and lab results prepared by a treating physician. She has not served a Rule 53 report. She argues the records are business documents and that she served them 5 days before trial. The defendant objects, citing the Evidence Act, and says insufficient notice was given.

What must the judge determine?

A) Whether the report was served 10 days in advance as required by s. 52 of the Evidence Act.

B) Whether the records qualify as business documents and are independently admissible.

C) Whether the records are discoverable and already listed in an affidavit of documents.

D) Whether the doctor was treated as a fact witness or expert witness.

31. Sasha learns after serving her affidavit of documents that she omitted several communications that were in her possession at the time. She claims they are privileged and prepares a supplementary affidavit listing them in Schedule B.

Is this proper under the Rules?

A) No, privileged documents acquired later don’t require disclosure.

B) Yes, because the documents were previously omitted and must be listed.

C) No, because privilege was already waived.

D) Yes, but only if the opposing party agrees in writing.

32. A commercial landlord files an urgent application to obtain an injunction preventing a tenant from altering a heritage building. The application is supported by affidavits and is served with only eight days’ notice. The respondent tenant appears on the return date and seeks an adjournment to retain counsel and respond.

What is the court most likely to do?

A) Dismiss the application due to improper notice.

B) Grant the injunction on the basis of urgency.

C) Grant an adjournment, as the notice provided was only the minimum required.

D) Deny the adjournment unless prejudice is proven.

33. Following the granting of a writ of seizure and sale against a corporate defendant, the judgment creditor directs the sheriff to seize all equipment inside the debtor’s commercial unit. The sheriff inspects the property and notes that some of the machinery may be leased, co-owned, or claimed by third parties. The sheriff refuses to proceed unless the creditor provides further documents.

What must the creditor do?

A) File a motion requesting a court order authorizing seizure.

B) Provide the sheriff with an affidavit confirming sole ownership by the debtor.

C) Deliver a bond of indemnity and identify specific assets.

D) Obtain a certificate of ownership under the Execution Act.

34. A statement of claim against Lakeside Logistics alleged that the defendant’s conduct was “immoral, unethical, and motivated by greed.” The plaintiff cited no underlying facts but included an email chain and three invoices in the claim to “prove the narrative.” The defendant brought a motion under Rule 25.11 to strike the allegations and under Rule 25.06(1) to challenge the inclusion of documents.

Which of the following outcomes is most consistent with Ontario civil procedure rules?

A) The motion will succeed in striking the claim entirely as scandalous and vexatious.

B) The court will likely strike only the evidentiary paragraphs and require amendment.

C) The inclusion of emails and invoices is proper as long as they support material facts.

D) The pleading is acceptable if the documents are attached in a schedule.

35. Raymond, a civil lawyer, is retained to conduct a cross-examination on an affidavit. During breaks, Raymond frequently consults with the witness about how to answer the next set of questions. He justifies this by stating that the witness is nervous and needs guidance. The opposing lawyer objects and requests that the tribunal prohibit further contact during the examination.

What is the main concern with Raymond speaking to the witness during breaks in cross-examination?

A) Whether Raymond has personal knowledge of the matter and is merely helping to clarify procedural expectations for the witness.

B) Whether the evidence provided by the witness has been directly challenged by the opposing party during the current line of questioning.

C) Whether Raymond is improperly influencing testimony during the cross-examination process, thereby violating the rule against discussing evidence with a witness while under examination.

D) Whether the witness appears to be emotionally fragile or inexperienced, such that professional support would be considered acceptable in limited circumstances.

36. Vikram runs a busy litigation practice and decides to hire a co-op student from a local university to assist with clerical tasks. He permits the student to screen incoming calls, accept new clients, and conduct intake interviews without supervision. One day, the student mistakenly offers legal advice to a prospective client who then relies on the advice and misses a limitation period.

What duty did Vikram most clearly breach?

A) He failed to comply with employment standards legislation by neglecting to pay the student minimum wage as required.

B) He failed to supervise the student properly and allowed unauthorized legal practice.

C) He failed to assign appropriate administrative duties such as billing and document tracking.

D) He should have obtained a signed waiver from the client acknowledging that intake services were not legal advice.

37. A party is served by email at 6:00 p.m. on a Friday with a motion record for a Monday hearing. On Sunday, they file a motion for adjournment arguing they did not receive effective service.

How does the timing of email service affect its effectiveness?

A) The email service is effective immediately upon sending.

B) Service is deemed effective the next day under Rule 16.05(1)(f).

C) Service by email between 4 p.m. and midnight is deemed made on the next day.

D) The Rules do not permit email service for motion records.

Case 1

Alexis, a civil litigator in Toronto, is retained by Marsha to bring a personal injury claim on behalf of her 16-year-old daughter, Zoe. The claim arises from a boating accident at a summer camp. Marsha instructs Alexis to file immediately to avoid any limitation concerns, and Alexis commences the action the next day using Zoe’s name in the style of cause but without referencing a litigation guardian. Alexis does not initially file an affidavit under r. 7.02 confirming Marsha’s status, nor does she seek any order of appointment.

Two months later, the defendant moves to strike the claim on the basis that it was commenced without proper representation. Alexis argues that any defect is procedural only and seeks to file a retroactive r. 7.02 affidavit and continue the action. In the interim, service of a statement of defence was made by leaving a copy with Zoe personally at her school and mailing a second copy to Marsha’s home. The process server did not attempt to leave a copy with Marsha directly.

Questions 38 to 40 refer to Case 1

38. What was the most significant error in the way the action was commenced?

A) The statement of claim was not filed within the limitation period, making the proceeding statute-barred.

B) Alexis should have served the defendant personally rather than relying on substituted service by mail.

C) Zoe should have been named in the style of cause using only her initials due to her age and privacy concerns.

D) The proceeding was commenced without identifying or properly appointing a litigation guardian for a party under disability.

39. Was the service of the statement of defence on Zoe valid under the Rules?

A) Yes, service was effective because Zoe personally received the document and no motion to set aside was brought.

B) No, because a minor must be served by leaving a copy with a litigation guardian or with both the minor and a parent or caregiver.

C) No, because service on a minor is only effective if made exclusively on the Children’s Lawyer in all civil proceedings.

D) Yes, because service was completed at both the place of education and the residence, making it equivalent to double service.

40. Can the proceeding be cured and continued despite the initial irregularity?

A) No, failure to appoint a litigation guardian renders the proceeding a nullity that cannot be corrected after the fact.

B) Yes, but only if the plaintiff withdraws the claim and commences a new action properly constituted.

C) Yes, the court may regularize the proceeding and permit it to continue once the litigation guardian affidavit is filed.

D) No, unless the minor consents in writing to the continuation of the action in her own name.

Case 2

Nina is a litigation associate at a small Toronto firm. She is approached by a corporate client, Greystone Logistics Inc., seeking emergency injunctive relief against a former employee who allegedly misappropriated customer lists. Nina is eager to impress the client and prepares a motion under Rule 40 for an interim injunction without confirming that Greystone’s board has passed a resolution authorizing litigation. She proceeds based solely on oral instructions from the marketing director. The injunction is granted, and costs are awarded against the defendant. However, the defendant files a motion to set aside the order, arguing that the proceeding was improperly authorized. Nina then receives a sharply worded letter from opposing counsel threatening a motion for costs personally against her under Rule 57.07. Meanwhile, the defendant brings a motion under Rule 76.13, arguing that the claim should have been brought under the simplified procedure because the value of the customer list and related damages is less than $200,000.

Questions 41 to 43 refer to Case 2

41. What was Nina’s most serious error in commencing the injunction proceeding?

A) She failed to verify the client's timeline for irreparable harm before drafting the injunction record.

B) She failed to confirm that the corporate client had properly authorized the litigation before filing the proceeding.

C) She commenced a proceeding in Superior Court when Small Claims Court may have had jurisdiction.

D) She failed to conduct an intellectual property search to determine if the client had trademark rights.

42. If the court finds that Nina commenced the action improperly under the ordinary procedure, what costs consequence could she face under Rule 76?

A) The plaintiff may be denied costs and ordered to pay the defendant's costs, including substantial indemnity costs.

B) The claim will be dismissed unless the plaintiff agrees to proceed under the small claims procedure.

C) The court will require that the entire proceeding recommence under Rule 76 with no cost consequences.

D) The plaintiff will be required to refund the court’s filing fees and any interest accrued on pre-judgment damages.

43. If Nina's injunction order is appealed, what is the appropriate appellate forum?

A) The Divisional Court, with leave, because it was an interlocutory order of the Superior Court.

B) The Court of Appeal as of right, because injunctions are inherently final in nature.

C) The Divisional Court, with leave, because the injunction is interlocutory and does not finally dispose of the action.

D) A panel of three judges of the Superior Court, because the injunction was granted ex parte.

Criminal Law

44. During a terrorism investigation, CSIS applies for a judicial warrant under its enabling statute to intercept private communications of a Canadian abroad. The warrant is granted by a Federal Court judge and intercepts chats between the subject and their family in Toronto. The RCMP later uses those chats to lay criminal charges in Ontario.

Can the communications intercepted under the CSIS warrant be used in the criminal prosecution?

A) No, because the interception was authorized under national security legislation rather than under the Criminal Code provisions.

B) Yes, as long as disclosure complies with national security procedures and evidentiary safeguards.

C) No, because Canadian citizens abroad are protected from surveillance in any criminal proceedings.

D) Yes, but only if law enforcement obtains a new judicial warrant specific to domestic prosecution.

45. Clara, a criminal defence lawyer, is assisting a youth client who wishes to plead guilty. The client believes that pleading guilty will result in a lighter sentence and wants to avoid a trial. However, the client continues to deny involvement in the offence. Clara considers entering the plea anyway, thinking that it will serve her client’s best interests.

What is Clara required to do in this situation?

A) Proceed with the plea if it may result in a better outcome.

B) Ask the court to enter a guilty plea on her client’s behalf.

C) Refuse to assist with a guilty plea where the client denies committing the offence.

D) Accept the plea and explain that the client is motivated by pragmatism.

46. At a sexual assault trial, the 16-year-old complainant is extremely distressed about seeing the accused in the courtroom. The Crown brings an application under s. 486.2 for the complainant to testify from behind a screen. The defence objects, arguing it impairs the accused’s right to face their accuser.

How should the court determine whether to grant the complainant’s use of a testimonial aid?

A) The court may only grant the order if defence counsel consents and no prejudice to the accused is identified.

B) The complainant must be assessed by a psychologist before the testimonial aid can be ordered by the court.

C) The court shall grant the order unless it interferes with the administration of justice in the proceeding.

D) The court must find that the complainant has a legally recognized disability to permit testimonial accommodations.

47. Murray is charged with bribery under s. 119 of the Criminal Code as a sitting judge. The Crown seeks to prosecute him summarily. Defence counsel objects, citing lack of jurisdiction.

Which legal rule governs how this type of prosecution must proceed?

A) The Crown may elect summary prosecution in serious cases only with approval from the trial court judge.

B) This offence requires the personal consent of the Attorney General before prosecution may proceed.

C) Judges accused of bribery may only be prosecuted by indictment under the exclusive jurisdiction of s. 469.

D) Bribery involving judges is governed by the CDSA and cannot be prosecuted summarily under any circumstance.

48. Andrea is a criminal defence lawyer who represented Malik in a firearm possession case two years ago. Malik pled guilty and served time. Now, Andrea is retained by a co-accused in a new matter who is facing drug trafficking charges. She learns from discovery that Malik is the Crown’s key witness in the upcoming trial. Andrea recalls that during their previous solicitor-client relationship, Malik had confided details that could be relevant to discrediting him.

What must Andrea do?

A) Proceed with the new matter, provided she does not disclose privileged information.

B) Contact Malik and ask for consent to act against him.

C) Immediately withdraw from representing the co-accused, unless Malik consents and no conflict arises.

D) Use only publicly available information to cross-examine Malik.

49. Logan is an Indigenous youth charged with unauthorized possession of a firearm. He lives on reserve and uses the firearm for hunting, a practice tied to his community’s sustenance traditions. The Crown seeks a mandatory firearms prohibition under the Criminal Code, which would severely affect Logan’s ability to support his family. Defence counsel submits that a prohibition would be disproportionate and asks the court to consider an exemption.

How should the sentencing judge approach the issue of firearms prohibition in Logan’s case?

A) Impose the mandatory prohibition because the Criminal Code requires it without exception in these circumstances.

B) Defer sentencing until a full Gladue report is prepared and filed for judicial consideration.

C) Consider an exemption under s. 113 of the Criminal Code where the firearm is used for sustenance.

D) Apply a restorative sentence and decline to enforce any mandatory restrictions under the legislation.

50. Denise, a 22-year-old with no criminal record, was convicted of theft under $5,000 under s. 334(b) and sentenced to 90 days’ incarceration to be served intermittently. Her counsel filed a notice of appeal two weeks after sentencing, appealing both the conviction and sentence. One of the main grounds of appeal is that Denise’s statement to police was admitted despite being made without clear confirmation that she understood her right to silence. Denise applies for bail pending appeal, noting that her sentence will likely be served before the appeal is heard and that she was fully compliant with bail conditions pre-trial. Her parents and employer provide letters supporting her release.

What must the appellate court be satisfied of before granting bail pending appeal?

A) That the appeal is not frivolous and that Denise can provide a reasonable financial deposit.

B) That the conviction appeal is likely to succeed and a different sentence would likely be imposed.

C) That the appeal has sufficient merit, detention would cause hardship, and she will surrender.

D) That her prior record is clean and the custodial sentence is relatively short in duration.

51. Police lay an information alleging assault against a defendant. Due to a clerical error, the appearance notice states a Sunday as the return date. Defence counsel challenges the validity of the information. The Crown argues the information is still valid.

How should the court address the error in the appearance notice?

A) The information and process are both void due to the scheduling defect on the face of the notice.

B) The appearance notice must be withdrawn, but the information remains valid and can proceed.

C) The justice must cancel the process entirely and require a new information to be sworn and filed.

D) The Crown must proceed by way of direct indictment due to the failure of the original process.

52. During a jury trial for firearms trafficking, Crown counsel opens the case by describing the accused as a “career criminal well-known to the police.” Defence immediately objects and moves for a mistrial, arguing that the comment irreparably prejudices the jury. The trial judge considers whether the prejudice can be cured by a corrective instruction.

What is the appropriate ruling for the trial judge in these circumstances?

A) Refuse to grant the mistrial and issue a firm limiting instruction to help the jury disregard the remark.

B) Declare a mistrial because the comment is too prejudicial to be corrected and undermines trial fairness.

C) Permit the Crown to formally withdraw the comment and allow the trial to continue as planned.

D) Resume the trial after polling jurors individually to determine whether the comment affected their impartiality.

53. Noah is retained by a client to appeal a quasi-criminal municipal conviction. After filing the notice of appeal, the client becomes unresponsive, ignoring phone calls, emails, and written letters requesting instructions. Noah is unsure how to proceed and does not want to act without further direction.

What is Noah’s professional obligation in this situation?

A) Proceed with the appeal based on his own legal judgment and experience to avoid delay or default.

B) Wait until the scheduled appeal date and then request to withdraw formally at the hearing.

C) Provide written notice of withdrawal, ensure the client is informed, and take steps to protect the appeal rights.

D) Contact the court to cancel the appeal.

54. Omar is charged with breaching his bail by attending a restricted location. Police lay a charge under s. 145 and bring him to a cancellation hearing under s. 524. The justice finds the breach proven and revokes his bail. Omar applies for re-release.

What standard applies when Omar seeks re-release after his bail has been revoked?

A) The Crown must demonstrate that continued detention is necessary for the protection of the public.

B) Omar must provide new evidence showing that there has been a material change in his circumstances.

C) Omar must show cause why he should not be detained pending the outcome of his trial.

D) Omar must bring a renewed release application before the original judge who revoked his bail.

55. Kayla, a 14-year-old with no criminal history, is convicted of second-degree murder after stabbing a fellow student during a physical altercation at school. The Crown seeks an adult sentence, relying on the seriousness of the offence and public interest concerns. The court orders a pre-sentence report and psychological assessment. The report describes Kayla as emotionally immature, highly influenced by peers, and lacking insight into the consequences of her actions. The sentencing judge finds that while the crime was serious, Kayla’s moral blameworthiness is diminished and that a structured youth sentence would adequately hold her accountable.

How must the sentencing judge proceed after reaching this conclusion?

A) Order a blended sentence that combines youth custody with a term of adult supervision upon release.

B) Transfer the matter to the adult court for formal sentencing based on the seriousness of the conviction.

C) Impose a youth sentence and provide reasons for rejecting the adult sentence application.

D) Detain the youth indefinitely under a custodial protection order for the safety of the community.

56. Daphne, a senior criminal defence lawyer, is mentoring a law student who is shadowing her during a jury trial. The student accidentally overhears jurors discussing the case in the hallway during a break and tells Daphne about their conversation, which could potentially reveal bias. Daphne decides not to mention it to the judge, fearing a mistrial.

What is Daphne professionally required to do?

A) Ignore the issue, as she did not hear it herself.

B) Question the jurors privately to assess bias.

C) Immediately notify the court and Crown about the incident.

D) Wait until the verdict before raising concerns.

57. Leo is charged with extortion. After receiving initial disclosure, defence counsel sends a general request asking for "any and all relevant materials not yet disclosed." Weeks later, it is discovered that one of the complainant’s contradictory statements was omitted. The Crown claims it assumed the broad request did not include already-reviewed witness statements. Defence now seeks exclusion of the evidence.

How is the court most likely to respond to the defence’s request for exclusion of the statement?

A) The evidence must be excluded because the late disclosure has caused trial prejudice to the accused.

B) The court will deny the remedy because the defence’s request was too vague and non-specific.

C) The Crown will be sanctioned for misconduct due to failure to disclose a critical witness statement.

D) The trial must be restarted entirely with a different judge to cure the appearance of unfairness.

58. Farrah is charged with sexual assault involving a 14-year-old complainant. She is self-represented. During the preliminary inquiry, Farrah seeks to personally cross-examine the complainant. The Crown brings an application under s. 486.3 to have counsel appointed to conduct the cross-examination. The complainant is visibly anxious, and the Crown argues that the youth’s age and nature of the charge justify protective measures. Farrah objects, asserting that the appointment of counsel limits her ability to confront her accuser and prepare a full defence.

What are the justice’s obligations when deciding how the cross-examination should proceed?

A) Allow Farrah to cross-examine unless the complainant formally objects to being questioned by the accused.

B) Require Farrah to submit her cross-examination questions in writing for advance judicial screening and approval.

C) Appoint counsel to conduct the cross-examination unless the interests of justice require the accused to do it personally.

D) Permit Farrah to conduct the cross-examination under the supervision of a designated Crown official or support person.

59. Tyson is charged with discharging a firearm with intent after allegedly firing a handgun during a street confrontation. The preliminary inquiry is underway. A key Crown witness, an alleged bystander, arrives at court but, upon being called to testify, refuses to take an oath or affirmation. The justice warns the witness about the legal consequences of non-compliance, but the witness continues to refuse. The Crown applies to adjourn the hearing so the witness may reconsider, and further requests that the court take enforcement action.

What powers does the justice have when a witness refuses to be sworn at a preliminary inquiry?

A) The justice may adjourn the hearing and commit the witness to prison for up to eight days or until the hearing resumes.

B) The justice must allow the Crown to rely on the police statement of the witness as admissible evidence.

C) The justice may exclude the witness entirely and prevent them from participating in any further proceedings.

D) The justice may lay a new charge against the witness for obstruction and order a separate information.

60. Police receive a 911 call about shouting at a home known for prior domestic incidents. On arrival, they knock and are invited inside. Once inside, they observe a bag of cash and multiple cellphones on the kitchen table. They seize the items believing they may be proceeds of crime. No warrant is obtained.

How should the court assess the lawfulness of the seizure?

A) The seizure is lawful because police entered lawfully and no express objection was made by any occupants.

B) The seizure is unlawful unless the items were in plain view and clearly linked to criminal activity.

C) The seizure is lawful as long as police were acting on safety concerns and had reason to believe a crime was ongoing.

D) The seizure is unlawful unless police first obtained judicial authorization before removing the items from the premises.

61. Monique, a Cree woman, is convicted of assault. At sentencing, defence counsel presents a Gladue report detailing Monique’s intergenerational trauma, removal from her home community as a child, and struggle with addiction stemming from residential school-related abuse. The Crown seeks a custodial sentence, citing the severity of the injuries. The sentencing judge ignores the Gladue report and imposes 18 months in custody.

What is the legal impact of the sentencing judge’s failure to consider the Gladue report?

A) The sentence may be excessive but is within the statutory range.

B) The sentence is unfit and contrary to s. 718.2(e) of the Criminal Code.

C) The sentence is valid because the offence was violent.

D) The judge’s decision reflects proper exercise of discretion.

62. Brent, a 31-year-old man with a long history of property offences, is convicted of break and enter under s. 348(1)(b) after entering a small electronics shop overnight and stealing merchandise worth $6,000. He also caused damage to the door and alarm system valued at $2,500. At the time, he was bound by a probation order for a similar offence and had missed three previous counselling appointments. He pleaded guilty but offered little insight during the pre-sentence interview, blaming his behaviour on drug relapse and unemployment. The Crown seeks a penitentiary sentence, citing recidivism and the breach of court orders. Defence proposes a conditional sentence with strict house arrest and drug rehabilitation, asserting that Brent has expressed a willingness to engage in treatment if given a chance.

What is the most appropriate sentence?

A) Conditional sentence with strict house arrest.

B) Suspended sentence and intensive rehabilitation plan.

C) Intermittent sentence with weekday counselling.

D) Custodial sentence due to breach of trust and recidivism.

63. Tariq is retained to represent a client charged with assault causing bodily harm. After reviewing disclosure, he realizes the complainant’s injuries are far more serious than initially understood. His client insists on pleading not guilty, claiming self-defence. Tariq, however, believes the chances of success at trial are extremely low and that the client is underestimating the Crown’s evidence. He is worried that pushing for trial will expose the client to significant sentencing risk if convicted. Still, the client seems fixated on "having a day in court."

What is Tariq’s professional obligation when advising the client in this situation?

A) Proceed to trial without offering his opinion, leaving the decision solely to the client’s instructions.

B) Warn the client that he will end the retainer unless a guilty plea is entered before the trial date.

C) Candidly explain the likely outcomes and risks, including sentencing exposure, while respecting the client’s right to decide.

D) Seek a judicial pre-trial to confirm the Crown’s position before giving the client formal legal advice.

64. The defence brings a constitutional application under s. 52(1) of the Constitution Act, 1982, arguing that a mandatory minimum sentence provision is inconsistent with s. 12 of the Charter. The trial is in the OCJ. Defence counsel serves the Crown and Attorney Generals 10 days before the hearing.

What procedural step must be satisfied before the application may proceed?

A) No further procedural steps are required, and the court may lawfully proceed with the application.

B) Only the presiding trial judge must receive advance notice before the court can hear the application.

C) Notice of constitutional question must be served at least 15 days before the hearing on both Attorney Generals.

D) The application must be filed and heard in the Superior Court and cannot proceed in the Ontario Court of Justice.

65. Darius is caught with several ounces of cocaine packaged in small plastic bags along with a scale and $1,500 cash. He is charged with possession for the purpose of trafficking under s. 5(2) of the CDSA. At trial, his lawyer argues that the Crown has no direct evidence of an attempted sale.

Which factor most strongly supports a conviction for possession for the purpose of trafficking?

A) The accused’s decision not to testify in his own defence at trial on the charge of drug trafficking.

B) Circumstantial evidence such as packaging, cash, and scales can imply intent to traffic.

C) The classification of cocaine as a controlled substance under Schedule I of the CDSA framework.

D) A past conviction for simple possession of cocaine entered against the accused in a prior proceeding.

66. Gregory is representing a client charged with impaired driving. The client asks Gregory to threaten to file a professional complaint against the arresting officer unless the Crown drops the charges. Gregory knows the complaint would be baseless and that the officer acted properly. He considers the client’s suggestion as “part of the game.”

What must Gregory do when responding to the client’s suggested course of action?

A) Follow the client’s instruction if he believes it might benefit the defence strategy overall.

B) Ignore the comment and proceed with the defence case as previously planned.

C) Refuse to make the threat and explain that using such tactics is professionally improper.

D) File the complaint anyway but add a disclaimer stating it likely lacks merit or evidence.

67. Zara is charged with luring a minor online. The Crown provides full disclosure electronically via a secure portal. Defence wants to share portions of the chat logs with a technology expert to assess whether the account was spoofed. The Crown insists on a formal undertaking and limits on duplication due to the sensitive nature of the case.

How should defence counsel handle the disclosure in this situation?

A) Defence may share the disclosure freely with an expert without needing to follow additional restrictions.

B) Defence must bring a formal motion to challenge the Crown’s limits before sharing the disclosure.

C) Defence counsel must sign an undertaking and comply with privacy-based limits on disclosure.

D) The expert may only access the materials in person at a designated Crown facility under supervision.

68. At sentencing, Maria’s counsel presents a report from a psychiatrist indicating that Maria’s untreated bipolar disorder contributed to her commission of the offence.

Can the sentencing judge rely on the psychiatric report when determining sentence?

A) No, because psychiatric evidence may only be admitted for a formal finding under the NCRMD framework.

B) Yes, mental illness is a relevant factor if it impacted the offence or affects rehabilitation.

C) Yes, but only if the court issues a treatment order under s. 672.59 of the Criminal Code.

D) No, unless the Crown agrees that the report should be considered in the sentencing process.

69. Jordan, a 17-year-old with no prior record, is charged with aggravated assault after a violent confrontation outside a shopping centre. The Crown gives notice under s. 64 of the YCJA that it intends to seek an adult sentence, citing the gravity of the offence and the degree of planning involved. At Jordan’s first appearance before the youth justice court, the judge fails to inform him of the possibility of being sentenced as an adult or of the procedures required to apply for a youth sentence. Jordan is represented by duty counsel at the time and later pleads guilty at a judicial pre-trial. At sentencing, his new counsel challenges the process, arguing that Jordan was never made aware of the adult sentence application and entered a plea without full understanding of its implications.

What is the consequence of the judge’s failure to advise Jordan at his first appearance?

A) The plea may be invalid because the court failed to give mandatory advisement.

B) There is no legal consequence if Jordan had legal representation and pleaded voluntarily.

C) The court may choose to impose a youth sentence despite the Crown’s request for an adult sentence.

D) The Crown must re-file its application if the youth was not properly advised of the sentencing procedure.

70. The Crown appeals a sentence imposed on Tanya, who was convicted of assault causing bodily harm under s. 267(b) after pushing her neighbour down a flight of stairs during a dispute. The neighbour suffered a fractured wrist and missed six weeks of work. The trial judge imposed a sentence of 12 months’ probation with anger management counselling and community service, citing Tanya’s clean record and expressions of remorse. The Crown contends that the sentence fails to reflect the seriousness of the offence, given the significant injury and lack of provocation. No victim impact statement was filed, and the Crown did not file a dangerous offender application. Tanya did not cross-appeal.

How may the Court of Appeal respond to the Crown’s position on sentencing?

A) Dismiss the Crown’s appeal because the sentence imposed was within the lawful statutory sentencing range.

B) Vary the sentence to a period of incarceration if it finds the original sentence was unfit.

C) Refer the sentencing matter back to the trial judge for reconsideration and issuance of a new sentence.

D) Order a new sentencing hearing entirely with a different judge assigned to assess proportionality.

71. Lorenzo is charged with sexual interference involving a student at the private school where he teaches. He is held in pretrial custody and elects a preliminary inquiry. On the day of the hearing, his counsel requests that he appear by video due to illness and to avoid the logistical challenges of transporting him from the detention centre. The Crown objects, arguing that his physical presence is necessary to assess his reaction to the testimony. The justice reviews Lorenzo’s personal circumstances, the nature of the charge, the availability of remote participation tools, and Lorenzo’s ability to communicate with counsel in real time through a secure channel.

What must the justice be satisfied of before allowing Lorenzo to appear remotely?

A) That Lorenzo has already been present for previous hearings and understands the case.

B) That Lorenzo’s lawyer has signed an undertaking to represent Lorenzo’s interests fully.

C) That Lorenzo has received the Crown’s full disclosure package before the hearing.

D) That Lorenzo understands the proceedings and can participate meaningfully despite appearing remotely, especially if he is in custody and unrepresented.

72. Aiden, an Indigenous adult, is facing charges for illegal fishing without a license under a provincial statute. He is unaware of his community’s treaty rights and does not raise a rights-based defence. His legal aid counsel enters a guilty plea to avoid trial. After sentencing, his community leaders express concern that this plea may affect broader Aboriginal rights.

What is the most appropriate observation regarding the defence strategy?

A) The guilty plea is final and cannot be revisited.

B) Rights-based defences should not be raised unless supported by expert reports.

C) Asserting Aboriginal rights without community support risks harmful precedent.

D) All Indigenous persons must raise treaty rights whenever charged.

73. Leon was convicted of fraud over $5,000 following a two-week trial in the Superior Court of Justice. He was accused of diverting client payments from his employer to a personal account using a scheme that spanned more than a year. The trial judge found him guilty, rejecting his explanation that he lacked the intent to defraud. Leon was sentenced to two years less a day, to be served in a provincial facility. On appeal, Leon’s new counsel argues that the trial judge failed to adequately address exculpatory portions of Leon’s police interview where he explained the transactions as accounting errors. His notice of appeal claims the judge failed to consider relevant evidence and misunderstood key facts. Counsel frames the ground as a question of mixed fact and law and applies for leave to appeal.

What procedural requirement applies to this type of criminal conviction appeal?

A) That the trial was unfair due to evidentiary bias and the accused was denied procedural fairness.

B) That the sentence was unreasonable based on the overall disproportionality of the trial court’s decision.

C) That there was a question of mixed fact and law, and leave to appeal is required before proceeding.

D) That the trial judge misinterpreted the Crown’s evidence and applied the wrong legal framework.

74. Damien, a 13-year-old Indigenous boy, is convicted of arson after setting fire to a garage behind an abandoned building. The incident caused property damage but no injuries. Damien has a documented history of learning difficulties, ADHD, and past exposure to family violence. At the sentencing hearing, his lawyer urges the court to consider a community-based plan involving therapeutic supports, placement with extended family, and trauma counselling. The Crown seeks a short custodial sentence, arguing general deterrence. The court sentences Damien to open custody without ordering a pre-sentence report.

Has the court complied with the procedural requirements of the YCJA in imposing custody?

A) Yes, because open custody is a less serious sanction and is typically used for youth offences.

B) Yes, because a pre-sentence report is not mandatory before sentencing unless one is formally requested.

C) No, because a pre-sentence report is required before imposing custody unless waived by the parties.

D) No, because the court failed to apply the correct adult sentencing principles to determine moral blameworthiness.

75. Lena is granted bail on a release order with a non-communication condition. She later sends a letter to the complainant from jail before actually being released. Crown charges her with breach, but defence argues the order was not yet effective.

When does the non-communication condition under a release order become enforceable?

A) The condition becomes enforceable only after Lena is physically released from custody.

B) The condition is unenforceable because it unjustifiably infringes Lena’s Charter-protected rights.

C) The condition becomes enforceable immediately upon the issuance of the release order.

D) The condition is enforceable only if Lena has formally signed and acknowledged the release.

76. Maria is stopped at the border with a suitcase containing 3 kilograms of heroin hidden in the lining. She claims she did not know the drugs were there and was simply transporting the bag for a friend. The Crown charges her with importing under s. 6(1) of the CDSA.

What must the Crown prove to secure a conviction?

A) That Maria knew the bag belonged to someone involved in crime.

B) That Maria was reckless about the bag’s contents.

C) That Maria knew or was willfully blind to the presence of the drugs.

D) That Maria personally packed the drugs.

77. Marcus was convicted by a jury of armed robbery under s. 343(d). The central issue at trial was whether Marcus knowingly participated as a lookout or was merely present at the scene. On appeal, Marcus argues that the trial judge failed to properly instruct the jury on the legal meaning of constructive possession as it relates to joint participation. The defence argues that the jury could have been misled into believing mere presence was sufficient. Additionally, the sentence imposed, 7 years’ imprisonment, is challenged as being demonstrably unfit. The appeal is fully perfected and scheduled for hearing before the Court of Appeal.

How will the appellate court determine whether to set aside the conviction?

A) By considering whether the sentence was too harsh.

B) By assessing if the misdirection in law caused prejudice and affected the verdict.

C) By substituting a lesser included offence.

D) By asking the Crown to re-prosecute the case on the correct legal basis.

78. Natalie was convicted at a summary conviction trial of mischief under s. 430(4) for damaging her ex-partner’s car by scratching derogatory messages into the paint. The trial judge rejected her claim that the damage was accidental and imposed a sentence of a $2,000 fine and six months’ probation. Natalie retained new counsel for appeal and filed a notice of appeal under s. 813 of the Criminal Code, arguing that her trial counsel failed to call a key alibi witness who would have testified that Natalie was elsewhere when the offence occurred. Natalie provides an affidavit from that witness stating that they were ready and willing to testify. She requests that the summary conviction appeal judge admit this evidence and overturn the conviction.

What is the proper approach for the appeal court when considering this request?

A) Determine whether the trial lawyer’s omission shows unethical conduct or a breach of professional standards.

B) Determine whether the new evidence justifies intervention and a miscarriage of justice occurred.

C) Assess whether the fine and probation were unreasonably harsh in relation to the facts and legal principles.

D) Consider whether the cost and delay of holding a retrial would outweigh the benefit of reviewing the conviction.

79. Monica represents a client charged with aggravated assault. During trial preparation, the client’s spouse approaches Monica privately and admits to being the true assailant. Monica urges the spouse to come forward, but they refuse. The client insists on proceeding to trial without using that information. Monica considers using the confession in cross-examination to help her client.

What is Monica professionally required to do?

A) Use the spouse’s confession without identifying the source.

B) Withdraw, as she cannot reconcile her duties to the client and the spouse.

C) Keep the spouse’s information confidential and refrain from using it.

D) Report the spouse’s statement to the Crown immediately.

80. After being found NCRMD, Daniel is discharged with conditions. At his annual review, the Crown applies to extend the disposition review interval from 12 to 24 months.

What must the board be satisfied of to allow this?

A) That Daniel consents and treatment is ongoing.

B) That the conditions in s. 672.81(1.2) are met.

C) That the hospital has a new treatment plan.

D) That Daniel is now fit to stand trial.

Case 3

Elias, a 32-year-old Cree man from northern Ontario, is charged with aggravated assault following a fight at a transitional shelter. He has a dated youth diversion and one adult conviction for mischief. He is held for a bail hearing. His Legal Aid lawyer proposes a supervision plan with his cousin, who testifies and appears credible. The Crown objects, arguing the violent nature of the offence and that public confidence would be undermined by release. The justice reserves and issues an oral decision the next day but makes no mention of Elias’s personal background or broader contextual factors. The Crown has also failed to disclose two witness statements that contradict its summary of the alleged events. Elias is denied bail and instructs counsel to seek a review.

Questions 81 to 83 refer to Case 3

81. What is the most serious concern with the way the justice made the release decision?

A) The decision lacked any reference to Elias’s personal or cultural circumstances, even though they were clearly relevant.

B) The justice relied entirely on the Crown synopsis without requesting direct submissions from the complainant.

C) The surety’s credibility was accepted, but no reasons were given about why detention remained necessary.

D) The reasons did not distinguish between primary, secondary, and tertiary grounds for detention.

82. What is the most appropriate argument to raise on a bail review?

A) The Crown did not introduce a proper risk assessment, which would have helped contextualize Elias’s supervision plan.

B) The hearing did not allow for full cross-examination of the Crown’s summary, limiting the defence’s ability to challenge detention.

C) The ruling failed to weigh important factors and procedural safeguards, creating grounds for judicial intervention.

D) The justice did not clarify whether the release plan would have been acceptable with electronic monitoring.

83. How should Elias’s lawyer respond to the late disclosure of witness statements that contradict the Crown’s version of events?

A) The defence may request that the new information be incorporated into the record on review, especially if it challenges the reliability of the initial detention grounds.

B) Late disclosure is not relevant at this stage unless it supports a Charter breach that can be separately litigated.

C) The disclosure cannot be relied on at review unless the Crown acknowledges its significance in writing.

D) The statements should be brought forward immediately as they could affect the strength of the Crown’s case and the fairness of continued detention.

Case 4

Farid, a 27-year-old man, was convicted after trial of trafficking fentanyl and cocaine in an Ontario neighbourhood plagued by drug-related deaths. At sentencing, the Crown seeks a 6-year custodial term, emphasizing the prevalence of the offence and the devastating impact of opioids in the region. Farid has a prior record for simple possession, but no trafficking history. His defence counsel argues for a 3-year sentence, citing Farid’s remorse, full-time employment since arrest, and efforts to complete a drug treatment program. A pre-sentence report confirms his compliance and shows he supports his elderly parents. The judge ultimately imposes a 5-year sentence and highlights deterrence and denunciation in the reasons. Farid now wishes to appeal.

Questions 84 to 86 refer to Case 4

84. Which of the following sentencing objectives most clearly justified the judge’s decision to impose a 5-year custodial term in Farid’s case?

A) To provide an opportunity for restorative justice through culturally relevant programming in custody.

B) To promote the principle of restraint by imposing a sentence below the Crown’s proposed range.

C) To deter others and denounce the serious social harm caused by opioid trafficking in the community.

D) To prioritize Farid’s personal circumstances and avoid disrupting his employment and caregiving duties.

85. How would the principle of proportionality apply in assessing whether Farid’s 5-year sentence is appropriate?

A) It requires the court to match the sentence to the social impact of the drug alone, without regard to personal circumstances.

B) It mandates that all similar offenders receive identical sentences to ensure parity.

C) It requires the sentence to reflect both the seriousness of the offence and Farid’s level of responsibility, including mitigating and aggravating factors.

D) It prohibits the judge from imposing any sentence longer than that previously imposed on similar offenders.

86. If Farid’s counsel wished to argue for a reduced sentence on appeal, which of the following grounds would be most likely to succeed?

A) The sentence imposed represented a marked and unreasonable departure from established sentencing ranges for similar offenders.

B) The judge placed insufficient weight on the Crown’s concession that Farid was not a commercial trafficker.

C) The sentencing judge failed to consider Farid’s Charter right to be presumed innocent until sentencing.

D) The sentencing hearing was conducted without a full review of the exhibits entered during trial.

Family Law

87. Tracy discovers that her ex-spouse, Jordan, who owes $25,000 in arrears, has a joint bank account with a new partner. Tracy informs the FRO, hoping they can collect from that account. The Director initiates garnishment proceedings under s. 45 of the FRSAEA.

How much of the joint account funds can the Director seize?

A) None, unless both account holders agree.

B) 100% of the account balance.

C) Up to 50% of the funds in the joint account.

D) Only the amounts deposited by Jordan.

88. Lisa is a sole practitioner with a family law practice. Over time, she finds that she is falling behind on developments in spousal support guidelines and legislative reforms, which she has not studied in detail since her initial call to the bar. She begins to rely heavily on outdated precedents and avoids attending CPD programs due to time constraints. After making a significant error in calculating support entitlement in a case involving multiple children and shared parenting, she realizes that her knowledge is outdated.

What obligation did Lisa most clearly fail to meet as a practicing family lawyer?

A) She failed to refer the client to mediation before starting litigation in the family law matter.

B) She failed to maintain her legal knowledge through ongoing professional development.

C) She failed to monitor whether the client complied with the court-ordered support payments.

D) She failed to keep up with changes in legal technology and modern practice management.

89. Ella is a Métis mother involved in a contested parenting proceeding in Ontario. She and her former partner disagree on the child’s school and living arrangements. Ella proposes a culturally specific parenting plan that would allow the child to maintain regular contact with Métis elders and participate in land-based education. The other parent dismisses these elements as irrelevant. The trial judge is unsure whether cultural identity is relevant, given that the child is not a registered Indian under the Indian Act.

How must the judge proceed under Ontario family law?

A) Cultural heritage is only considered if the child is a status Indian.

B) Métis identity is irrelevant if the child lives off-reserve.

C) The child’s Métis identity must be considered as part of the best interests analysis, even if the child is non-status.

D) Cultural plans require approval from the provincial Indigenous liaison.

90. Jacob files for divorce based on one-year separation. His spouse, Miriam, contests the divorce, alleging that they have reconciled. Jacob admits they had dinner together twice but denies any reconciliation or intention to resume the relationship. The judge must determine whether the one-year separation has been interrupted.

What standard applies when determining whether a reconciliation has interrupted the separation period?

A) Whether the spouses resumed any form of contact and attempted to communicate privately and directly.

B) Whether the spouses resumed cohabitation with the intention to reconcile and restore the relationship.

C) Whether the spouses provided continued financial support or shared living expenses during separation.

D) Whether the spouses engaged in physical intimacy or sexual relations during the separation period.

91. Lucia and her former partner Marcos have a 5-year-old son, Adrian. Lucia has sole custody and applies to change Adrian’s surname to match her own. The application is processed, and notice is provided to Marcos under s. 5(6) of the CNA. Marcos files an objection with the Registrar General, citing cultural reasons and emotional impact on his bond with the child. The Registrar declines to halt the change. Marcos is frustrated and wants to pursue further action.

What must Marcos do in order to legally challenge the surname change of his son?

A) File a written complaint with the Ombudsman of Ontario asking for a procedural review.

B) Reapply for joint custody to strengthen his role in future decision-making processes.

C) Bring a court application to vary the parenting order and restrain name changes without consent.

D) Petition the Registrar General to initiate a formal hearing before the final approval is granted.

92. Meera transferred a block of private company shares to her ex-spouse, Raj, as part of their negotiated equalization settlement. At the time of transfer, the shares were valued at $250,000, though Meera had purchased them years earlier at a cost of $50,000. Several years later, Raj sells the shares and realizes a $200,000 capital gain. Surprisingly, Meera receives a CRA reassessment attributing the capital gain to her.

What tax election could Meera and Raj have made to avoid this attribution of gain?

A) A T1198 form filed jointly with CRA to reassign future tax liabilities on capital assets.

B) A rollover agreement under s. 73(3) transferring assets at cost base to defer capital gains.

C) A joint election under s. 74.5(3)(b) to opt out of gain attribution between former spouses.

D) A formal waiver signed under s. 160 of the ITA disclaiming attribution from property transfers.

93. Isabelle wants to bring a motion to change a final child support order that was made in Ottawa, where her children reside. Isabelle currently lives in Mississauga and files her motion in Brampton without notifying the court or seeking permission to file outside of Ottawa. The respondent objects to the proceeding being heard in Peel Region and files a motion to transfer.

What is the likely procedural outcome of Isabelle’s decision to file in a different municipality?

A) The court will transfer the matter automatically because Ottawa is the original jurisdiction.

B) The court will allow the motion to proceed because both locations have jurisdiction over it.

C) Isabelle needed permission to file elsewhere and the court may stay or transfer the matter.

D) The respondent must consent before a venue change can occur in family court proceedings.

94. Natalie is retained to draft a separation agreement for a mother of two. During intake, the client attends with her sister, who speaks on her behalf and answers most questions. Natalie asks a few clarifying questions directly to the client, who nods or gives one-word responses. At the end of the meeting, the sister insists on signing the retainer and offers to pay the full fee by credit card. Natalie proceeds without further inquiry. Several weeks later, the client complains that she never fully understood the agreement and that her sister “took over the process.”

Who was the true client in this scenario, and what was Natalie’s mistake?

A) The sister was the client because she signed the retainer and paid the legal fees on the mother’s behalf.

B) Natalie should have issued separate retainers to both women and treated them as co-clients throughout.

C) The mother was the client, and Natalie failed to confirm that she alone gave instructions and understood.

D) The client relationship never formed because the mother did not communicate clearly with the lawyer.

95. Lina and Arman are involved in a divorce proceeding. The court has issued parenting and support orders on an interim basis. Arman refuses to comply with the parenting time provisions and continuously makes false allegations in court to delay finalization. Lina asks the court to consider his behaviour before granting the final divorce.

Can the court consider Arman's conduct when deciding whether to grant the divorce order?

A) No, because a divorce must be granted as soon as legal grounds are properly established.

B) Yes, if the conduct results in a failure to make reasonable arrangements for the children.

C) Yes, but only where the conduct relates directly to matrimonial property division.

D) No, unless the parent’s conduct results in criminal charges or findings of serious abuse.

96. Michelle and Aaron are embroiled in family law litigation involving a business operated by Aaron. Michelle learns that Aaron has been transferring significant sums from the business to offshore accounts since separation, and is concerned that assets are being dissipated to frustrate an eventual equalization payment. She applies under s. 12 of the Family Law Act for a preservation order to freeze Aaron’s assets, including his bank accounts and shares in the business.

What must Michelle establish in order for the court to grant a preservation order?

A) That she has a valid claim for equalization and may be entitled to a monetary settlement.

B) That Aaron is diverting income or retaining excess funds from the family business accounts.

C) That the assets in dispute are jointly owned by both spouses and currently accessible.

D) That there is credible evidence Aaron may sell, hide, or dispose of property before trial.

97. Tanisha seeks a parenting order and asks that the Office of the Children’s Lawyer (OCL) be appointed to represent her child’s views. The judge agrees and issues an order for OCL involvement. However, after reviewing the intake forms, the OCL declines the case.

What authority does the court have to require the OCL to participate in the parenting case?

A) The OCL must comply with the judge’s direction and cannot decline once formally appointed.

B) The OCL retains discretion to decline, even where the court has made an order requesting involvement.

C) The OCL may be held in contempt of court for failing to act on the judge’s appointment order.

D) The applicant may engage a private legal representative to appear in place of the OCL if needed.

98. Liam and Grace divorced in 2017. Liam has been paying support for their daughter, Emily, based on an income of $120,000. Grace now suspects Liam’s income has increased substantially. She sends a written request for updated income disclosure. Liam refuses. Grace files a motion seeking enforcement and updated disclosure.

What is Liam’s disclosure obligation under the Child Support Guidelines?

A) He must disclose if a court specifically orders it.

B) He must disclose if his income increased by more than 25%.

C) He must disclose annually upon written request from the other parent.

D) He has no obligation unless support arrears exist.

99. Noah and Clara finalize a separation agreement that includes enforceable child and spousal support provisions. Clara later files the agreement with the court along with an affidavit confirming it is still in force. Noah falls into arrears. Clara contacts the Family Responsibility Office (FRO) to enforce the agreement.

Under what authority can the FRO enforce the support provisions in the separation agreement?

A) The FRO enforces only court orders that have been made through formal family proceedings.

B) Only child support payments may be enforced under provincial law by the FRO in these matters.

C) Filing is unnecessary because the FRO has power to act on any valid private support agreement.

D) A filed domestic contract with support terms is enforceable through the FRO.

100. Terrence submits a Form 13.1 financial statement listing several bank accounts and investments but does not provide any documentation confirming the balances. The applicant’s counsel sends a letter requesting statements under Rule 13(11), but Terrence refuses, stating that his word should be sufficient. The applicant brings a motion seeking disclosure.

What authority does the court have in response to Terrence’s non-compliance?

A) The court will dismiss the request because the financial statement was filed.

B) The court may refer the parties to arbitration.

C) The court may compel disclosure, strike Terrence’s pleadings, or impose costs.

D) The court can only order disclosure at the trial management stage.

101. Hassan is hired by a couple to prepare wills and powers of attorney. The couple pays a $1,500 retainer, which Hassan deposits into his trust account. He completes the initial drafts but delays finalizing and witnessing the documents for several months. During this time, the husband dies unexpectedly. The wife asks Hassan to refund any portion of the unused retainer, but Hassan insists the funds were fully earned because the majority of the work was completed. He cannot, however, produce a formal bill or explain what portion of the work was done for each spouse.

What rule governs Hassan’s ethical obligation in handling the retainer funds after the husband's death?

A) He may keep the retainer because it was a flat fee arrangement agreed to by both clients.

B) He must deduct and remit HST on the full amount before considering a refund request.

C) He may retain half the retainer if he believes half the legal work was substantially completed.

D) He must provide a statement of account before withdrawing funds and refund any unearned amounts.

102. Aisha is contacted by a prospective family law client whose former lawyer has recently withdrawn for non-payment of fees. Aisha agrees to take the case, which is approaching trial in four weeks. She learns that the client still owes $5,000 to the previous lawyer. Aisha is concerned about the history but wants to help and accepts the retainer immediately.

What is Aisha required to do in her role as the successor lawyer in this situation?

A) Accept the file without conditions and begin working immediately on trial preparation.

B) Tell the client to ignore the outstanding bill since the lawyer already withdrew from the case.

C) Confirm the former lawyer was discharged and urge the client to address the unpaid fees.

D) Delay representation until the previous lawyer’s full account has been paid in satisfaction.

103. Isaac and Nora separated after a 15-year marriage. They jointly owned their home as tenants in common. After separation, Isaac moved out and Nora remained in the home with their children. Nora paid all expenses related to the mortgage, taxes, and maintenance. A year later, Isaac brought a claim seeking occupation rent for Nora’s exclusive use of the home. Nora argues that she should not be required to pay, given her financial contributions and the children’s needs.

How is the court likely to respond to Isaac’s request for occupation rent against Nora?

A) He will be awarded retroactive occupation rent based solely on his continuing co-ownership of the property.

B) The court will order occupation rent because Isaac remains a legal owner entitled to compensation.

C) The court will likely deny the claim because Nora paid all expenses and housed the children.

D) The claim will be allowed unless Nora files a motion to formally vary the possession arrangement.

104. Tanya and Brad divorced five years ago. Brad was ordered to pay time-limited spousal support for four years. Tanya now applies to extend the support, arguing that she has been unable to find stable employment despite efforts and continues to face hardship. Brad opposes the motion, saying the original order was final and not subject to review.

What must Tanya demonstrate in order to succeed on her application to vary the support order?

A) That Brad’s current income has increased significantly since the date of the original order.

B) That she never formally agreed to the inclusion of a time limit on support in the past.

C) That there has been a material change in circumstances and that hardship continues.

D) That the original spousal support order was unreasonable or unjust based on past assumptions.

105. Jared, a father of two, has repeatedly failed to comply with a final parenting order. He ignores scheduled parenting exchanges, withholds the children from the other parent, and refuses to communicate. The other parent brings a contempt motion, personally serving Jared with all motion materials.

What must the moving party prove to succeed on a contempt motion?

A) That Jared’s actions were contrary to the children’s wishes.

B) That Jared failed to comply because he disagrees with the order.

C) That Jared wilfully breached the order, beyond a reasonable doubt.

D) That the parenting order is unfair.

106. Carlos receives income support under the Ontario Disability Support Program (ODSP). He begins living with Megan, and after three months, ODSP staff investigate whether she is a “spouse” under the ODSPA. Carlos and Megan reside together but maintain separate finances. Megan helps with some groceries and errands.

How will ODSP staff determine whether Megan qualifies as Carlos’s spouse under the ODSPA rules?

A) Based on whether they have lived together three months and show social and financial interdependence.

B) Based on whether they cohabited for three years and meet the legal definition of common-law.

C) Based on whether they are sexually intimate and live together in a committed relationship.

D) Based on whether they have a joint lease and appear to share responsibility for expenses.

107. Julian is ordered to pay monthly spousal support to Dana. Dana begins receiving social assistance and assigns the support order to the Ministry. Julian now wants to vary the support amount, alleging Dana is cohabiting with a new partner. He files a motion but fails to notify the Ministry.

What is the consequence of Julian’s failure to serve the government agency with his motion?

A) The motion is procedurally defective and may be dismissed.

B) The court will reduce the support retroactively.

C) The motion can proceed without the Ministry’s knowledge.

D) The Ministry must approve the new order before court involvement.

108. Harper and Alina retain a parenting coordinator (PC) under their separation agreement to resolve future disputes about their parenting schedule. Alina refuses to comply with the PC’s decision regarding pick-up times. Harper wants to enforce the decision in court.

What must Harper show in order for the parenting coordinator’s decision to be enforceable?

A) That the decision was made informally and communicated clearly to both of the parties.

B) That the parenting coordinator is a licensed psychologist with expertise in child development.

C) That both parties obtained independent legal advice before and during the parenting dispute.

D) That the PC followed the med-arb agreement and issued a valid award under the FLA

109. Levi and Rachel separated in 2020 after cohabiting for six years. Levi contributed $60,000 toward renovating Rachel’s house, which remains in her name. The home increased in value by $150,000. Levi files a constructive trust claim seeking a share of the appreciation. Rachel argues that he was repaid through rent savings.

How will the court assess Levi’s claim for a share in the increased value of the house?

A) The court will assess unjust enrichment and may grant a portion of the “value surviving.”

B) The court will automatically divide the value equally based on the length of cohabitation.

C) Levi will only recover if the property was legally held jointly in both of their names.

D) Rachel can avoid repayment entirely by showing that her affection was a form of compensation.

110. Veronica is retained to draft a cohabitation agreement for a client and receives a $3,000 retainer by cheque. She deposits the amount into her firm’s general account, as she anticipates finishing the agreement within a few days. When reviewing her accounts later, she realizes she forgot to issue a bill prior to making the deposit. The cheque cleared without incident, and the file concluded smoothly.

What financial recordkeeping rule did Veronica most clearly fail to follow in this situation?

A) She failed to charge applicable HST on the amount received before services were rendered.

B) She deposited unbilled client funds directly into her general account instead of trust.

C) She failed to record the deposit properly in the firm’s general receipts journal on that date.

D) She failed to prepare a formal monthly reconciliation of the general account and review balances.

111. Ella files a financial statement omitting a vehicle she uses daily, a 2022 SUV titled in her name and worth $20,000. At the case conference, under questioning by opposing counsel, she discloses the vehicle for the first time. The judge expresses concern and asks why it was not listed in the original Form 13.1.

What are the likely consequences of Ella’s omission from her sworn financial statement?

A) None, as the vehicle was disclosed orally during the conference and is now part of the record.

B) The court will disregard the error if the value is relatively low and it does not affect support.

C) The court may view the omission as affecting credibility and the reliability of her disclosure.

D) The vehicle will be excluded from equalization since it was disclosed at a later proceeding.

112. Devon is a 15-year-old First Nations child who was placed in extended society care following a protection finding. The CAS now plans to place Devon for adoption and provides notice to Devon’s band under s. 186 of the CYFSA. The band submits a formal plan of care, proposing customary care in the child’s home community with an identified caregiver. The society argues that the child has already bonded with a prospective non-Indigenous adoptive family.

How must the court weigh the band’s plan of care when determining Devon’s placement?

A) The court will defer to the CAS as long as the proposed adoptive parents have been fully approved.

B) The society must disregard the band’s input once the formal adoption process has been initiated.

C) The band’s views are advisory and do not need to be considered for extended care placement orders.

D) The court must consider the band’s plan and give weight to cultural identity and community ties.

113. Carlos wins a $5,000 cash prize from a lottery ticket in Ontario. He has a long history of non-payment on a child support order. The Director of the FRO learns of the win and initiates enforcement under the FRSAEA.

Is the Director legally permitted to seize Carlos’s lottery winnings?

A) No, lottery winnings are exempt from enforcement.

B) Yes, the Director may seize prizes of $1,000 or more.

C) Yes, but only if ordered by the court.

D) Only spousal support arrears qualify for seizure.

114. Leila and Martin were married for 21 years before separating. Leila seeks indefinite spousal support under the Spousal Support Advisory Guidelines (SSAGs). Martin earns $300,000 per year. Leila is 61 and worked part-time during the marriage while raising their children. Martin argues that support should terminate at retirement and should not be indefinite.

What is the likely outcome under the SSAGs and case law?

A) Spousal support ends at retirement as a rule.

B) Spousal support will likely be indefinite due to a long marriage and the rule of 65.

C) Support will be denied because Leila worked during the marriage.

D) The SSAGs do not apply because Martin earns over $250,000.

115. Isabelle, a 39-year-old teacher, receives taxable spousal support of $2,000 per month under a court order. She also contributes to her RRSP each year but wants to understand how her support income affects her contribution room. She assumes that only employment income counts for RRSP purposes and is unsure whether her support qualifies.

How does Isabelle’s spousal support affect her eligibility to contribute to her RRSP?

A) It does not affect her contribution limit because it is not considered employment income.

B) It reduces her earned income because the payments are subject to income taxation.

C) It increases her RRSP contribution room because taxable support counts as earned income.

D) It only matters for RRSP purposes if she has no other source of employment income.

116. Mina is acting for a client on a high-stakes family law matter. After trial, the client discharges her and requests the return of the full file. Mina complies but retains copies of the original signed minutes of settlement, court orders, and correspondence. The client later alleges that Mina withheld documents and complains. Mina responds that she only retained documents for protection in case of future disputes.

What is Mina permitted to retain after returning the client’s file upon request?

A) Nothing at all, as the file belongs entirely to the client once representation ends.

B) Only billing statements and invoices, but not any substantive correspondence.

C) Only informal drafts, handwritten notes, and working documents without signatures.

D) Copies of documents created at her expense for her own protection from disputes.

117. Jacob and Farah begin a family arbitration with a licensed arbitrator. The hearing proceeds, but Farah later learns that the arbitrator failed to provide her with a key financial document that Jacob submitted during a break in the session. She appeals the decision on procedural fairness grounds.

What standard will the court apply in reviewing the arbitration award in these circumstances?

A) The court will only intervene if the arbitrator committed a legal error that affected the result.

B) The award may be set aside for violating the right to be treated equally and fairly.

C) Arbitration decisions are final and cannot be appealed under the family arbitration system.

D) The court must defer entirely to the arbitrator’s process and discretionary decisions.

118. Dean is acting for a lender and borrower in a mortgage transaction involving a modest $65,000 loan between two family members. Both parties insist they are comfortable proceeding without separate lawyers and ask Dean to act for both. He agrees, but forgets to document the clients’ consent in writing. The borrower later disputes the loan terms and alleges Dean failed to explain the consequences.

What rule governs Dean’s conduct?

A) The transaction was small enough to avoid conflict rules.

B) Oral consent is sufficient if both parties were present.

C) Joint retainers must be properly documented even in low-value transactions.

D) Acting for family members is always exempt from formal retainer requirements.

119. Rohan is the respondent in a motion for temporary spousal support. He attends court without a responding motion or affidavit and is unprepared to respond to the arguments. The applicant’s lawyer files complete materials and a Form 14C confirming the motion is proceeding. At the end of the hearing, the applicant seeks costs for the day, citing Rohan’s lack of preparation and failure to file any materials.

How is the court likely to respond to the costs request?

A) The court will automatically adjourn the motion to ensure fairness.

B) The court will defer the issue of costs until the final resolution of the case.

C) The court shall order costs against Rohan unless it would be unjust to do so.

D) The court will strike Rohan’s response entirely.

Case 5

Amira and Joel separated after 13 years of marriage. They agreed to attempt private mediation rather than immediately pursuing litigation. Before the first session, Amira disclosed her full financial information, including tax returns, investment statements, and a detailed Form 13.1. Joel, who runs a contracting business, submitted a statement listing only his net income, with no supporting documents or schedules. At the mediation session, Joel refused to answer questions about business assets, insisting the figures were “good enough” and accusing Amira of overlawyering. The mediator suspended the session and suggested both parties consult their lawyers before proceeding. Amira’s counsel brings a motion to compel financial disclosure, while Joel’s lawyer argues the request is premature, given that mediation is a voluntary and non-litigious process.

Questions 120 to 122 refer to Case 5

120. What is the strongest argument supporting Amira’s motion for disclosure at this stage?

A) Full disclosure is always required before parenting issues can be addressed in mediation.

B) Even outside of litigation, meaningful financial disclosure is necessary to ensure fairness in family dispute resolution processes.

C) Joel’s refusal to participate demonstrates bad faith, which justifies automatic court intervention.

D) A mediation agreement must first be filed with the court before any disclosure orders can be issued.

121. Assuming the parties resume mediation, which of the following factors would most likely undermine its success?

A) Joel’s unwillingness to produce complete financial disclosure and his defensive posture toward questions about income.

B) The mediator’s decision to pause the session without consulting both parties’ counsel.

C) Amira’s lawyer’s suggestion that court proceedings might be necessary if disclosure is not forthcoming.

D) The lack of clarity about whether mediation is open or closed.

122. If Joel insists on relying solely on his self-reported net income figure from his business, how should Amira’s lawyer respond during the financial statement exchange?

A) Accept the disclosure as long as Joel signs the Form 13.1 under oath.

B) File a complaint with the mediator’s regulatory body to halt the mediation.

C) Demand a breakdown of gross income and expenses, as well as supporting business records, to verify the accuracy of the net figure.

D) Ask the court to impose a support amount based on Joel’s estimated business revenue from prior years.

Case 6

Melissa and Jordan separated three years ago. A parenting order grants Melissa sole decision-making responsibility for their 8-year-old son, Liam, and allows Jordan parenting time every other weekend. Melissa later files a motion to suspend Jordan’s parenting time after repeated last-minute cancellations and one incident where Jordan failed to return Liam until 1:00 a.m. without explanation. Jordan argues the delays were caused by traffic and work emergencies, and that he maintains a loving bond with Liam. The judge refuses to vary the order but directs both parties to comply strictly with the existing schedule. Months later, Jordan unilaterally stops paying child support. Melissa contacts the Family Responsibility Office (FRO) and learns that the file was withdrawn from enforcement one year earlier under a joint opt-out agreement. She now wishes to reactivate enforcement.

Questions 123 to 125 refer to Case 6

123. What was the strongest factor supporting the judge’s decision not to suspend Jordan’s parenting time?

A) Jordan’s explanation for the delays was found to be credible and unrelated to any deliberate attempt to harm the child.

B) The existing order still served Liam’s best interests and there was insufficient evidence that the parenting time arrangement was harmful.

C) The court prefers to avoid changing parenting orders until a child reaches the age of 10 or older.

D) Parenting time cannot be suspended without consent from the Office of the Children’s Lawyer.

124. What is the most accurate statement about the enforcement status of Melissa’s child support order?

A) Enforcement by the FRO was paused when the parties opted out, but it can be reactivated by Melissa without Jordan’s consent.

B) The FRO must conduct a financial audit before resuming enforcement of any support order withdrawn by agreement.

C) The support order is void unless the payor agrees to opt back in through signed consent.

D) The court must first find Jordan in contempt before the FRO can resume enforcement.

125. If Melissa wants to change Liam’s surname to her own and Jordan does not consent, what is the most realistic procedural path available to her?

A) Submit a completed name change application with an affidavit of service on Jordan, and the change will proceed automatically after 30 days.

B) Apply to the Ontario Registrar General and provide notice to Jordan, as consent is not required if Jordan only has access rights.

C) File a motion to change the parenting order and seek sole naming rights through a review of financial disclosure.

D) Ask the Office of the Children’s Lawyer to provide independent recommendations that override parental consent requirements.

Public Law

126. Jin submits a request to a provincial ministry under FIPPA seeking access to “all records relating to highway maintenance contracts awarded in 2020.” The ministry acknowledges receipt and charges Jin a modest fee. Several weeks later, the ministry responds, stating that some records are being withheld under the law enforcement and third-party commercial information exemptions. Jin receives a redacted package, with several pages completely blacked out. He is uncertain whether the exemptions were applied correctly or if further information is being improperly withheld.

Which of the following is the most accurate legal assessment of the ministry’s redactions under FIPPA?

A) The ministry may withhold entire records if any exempt content appears anywhere in the document.

B) The ministry must sever exempt portions and disclose the rest unless that would reveal exempt content.

C) The ministry may withhold records entirely if they were not created by or for the public institution.

D) Once an exemption applies, there is no legal duty to disclose any part of the related document.

127. A provincial law prohibits the use of motorized boats on a large freshwater lake traditionally used by an Ojibwe community for fishing and transport. The law is enacted for environmental conservation, but no consultation was undertaken before it came into force. Members of the community have fished and navigated this lake since long before contact with Europeans. The Crown concedes that the activity is protected by s. 35 but argues that the regulation is justified. The Ojibwe claim that the ban causes undue hardship and denies them their preferred method of exercising their right.

Which of the following best summarizes the proper legal test for justifying the infringement?

A) The Crown must demonstrate that the community’s practice was not commercial in character.

B) The Crown bears the burden of proving that any infringement is minimal and based on treaty.

C) The Crown must show a valid purpose and that the law respects honour of the Crown and minimal impairment.

D) The Ojibwe must prove that their practice is clearly mentioned in a pre-Confederation treaty.

128. Omar is representing a party in a constitutional challenge to a provincial statute. During oral argument, he misstates a key precedent but realizes the mistake only after the hearing has ended. The opposing counsel fails to notice. Omar considers remaining silent, knowing the error may benefit his case on appeal.

What must Omar do under the Rules?

A) Nothing, since the hearing is over and the mistake was not intentional.

B) He must correct the misstatement at the earliest opportunity.

C) He may wait to see whether the opposing party raises it on appeal.

D) He must inform the court only if it directly requests clarification.

129. Lina represents a group seeking to challenge a federal decision affecting access to Indigenous burial sites. The group includes local elders and a historical preservation NGO. None of the applicants were parties to the original tribunal proceeding, but they argue the decision raises serious constitutional questions. The court is asked to determine whether the applicants have standing to bring the judicial review.

Which of the following best reflects the proper legal test for public interest standing in this case?

A) The applicants must be directly affected or show they were wrongly denied standing earlier.

B) The court must give deference to the tribunal’s decision regarding participation rights.

C) The court must assess serious issue, genuine interest, and reasonable means of litigation.

D) Public interest standing is not permitted when challenging tribunal decisions on review.

130. Tyler meets with a prospective public law client who is a newcomer to Canada and speaks limited English. Tyler conducts the interview with the help of the client’s friend, who offers to interpret. The friend provides his own opinion on legal issues and appears to influence the client’s decisions. Tyler notices this but continues with the meeting. He does not explain confidentiality or recommend an independent interpreter.

What ethical principle did Tyler most clearly breach in his handling of this intake meeting?

A) He should have formally confirmed the retainer agreement with the interpreter present.

B) He failed to perform a proper conflict check before discussing legal options.

C) He failed to ensure the interpreter was independent and address confidentiality risks.

D) He failed to submit an affidavit of interpretation outlining the conversation’s details.

131. A provincial police agency adopts an internal policy prohibiting officers from posting any political opinions on social media, even when off-duty. Maya, an officer, is disciplined after writing a blog post supporting a municipal candidate. She challenges the disciplinary action under s. 2(b) of the Charter, claiming it violates her freedom of expression. The agency argues that the Charter does not apply to internal discipline policies and that the restriction is necessary to maintain public confidence in neutrality. The reviewing court must first determine whether the Charter even applies to the agency’s policy before addressing s. 1.

What is the appropriate legal framework?

A) The Charter applies to all employment contracts with public-sector employers.

B) The Charter does not apply to policies unless enacted by statute or regulation.

C) The Charter applies where the policy constitutes government action or implements a statutory scheme.

D) The Charter applies only to policies that affect criminal or quasi-criminal procedures.

132. Lena is assisting a community group that seeks access to government-held records on water quality testing by a local school board. She files a request under MFIPPA. The board responds that it does not control the records, stating they are created and stored by a third-party contractor. Lena believes the records should still be within the scope of the Act.

Which of the following most accurately describes the legal threshold?

A) Records must be physically located within the institution’s premises to be disclosable.

B) Only records generated by public servants fall under MFIPPA.

C) A record is subject to MFIPPA if the institution has custody or control, regardless of authorship.

D) Institutions are not accountable for records created by third-party entities.

133. Serena files a written access request under the federal Access to Information Act seeking internal policy memos from a federal agency. She receives no response within the 30-day statutory window. Weeks later, after making follow-up inquiries, she is informed that her request was “deemed refused” under the statute. Serena wishes to challenge this delay.

What is the correct next step for Serena under the Access to Information Act?

A) Submit a complaint to the Information Commissioner, who may investigate the delay.

B) File a civil claim against the agency for damages in the Federal Court of Canada.

C) File a Charter claim asserting a breach of her s. 2(b) access to information rights.

D) Submit a motion to the agency’s internal committee requesting formal review.

134. Zara is representing a client seeking judicial review of a tribunal decision made under provincial statute. The client failed to appeal the decision through a statutory mechanism available in the enabling legislation and is now beyond that appeal deadline. Zara wishes to proceed with a judicial review application instead. She prepares to argue that the tribunal’s decision was unreasonable and should be quashed. The opposing party argues that the court should refuse relief due to failure to exhaust available remedies.

Which of the following most accurately reflects the court’s discretion?

A) The court has no jurisdiction to hear a judicial review application when statutory appeals have not been pursued.

B) The court may hear the application, but only if the statutory right of appeal was optional rather than mandatory.

C) The court may exercise its discretion to hear the judicial review if it finds there are apparent grounds for relief and no prejudice to the other party.

D) The court must remand the matter back to the tribunal for reconsideration on procedural fairness grounds.

135. A provincial legislature enacts a law imposing strict licensing conditions on commercial drone use within the province. Several drone operators challenge the law, arguing that drones fall under exclusive federal jurisdiction over aeronautics. The provincial government argues that the law is a valid exercise of its powers over property and civil rights and public safety. The reviewing court accepts that the law is facially valid under provincial authority but considers whether its application to drone operators is unconstitutional due to federal exclusivity over airspace.

Which constitutional doctrine should the court apply to resolve this dispute?

A) Interjurisdictional immunity, to assess if the law impairs federal power over aeronautics.

B) Pith and substance, to assess whether the provincial law targets the field of aviation regulation.

C) Federal paramountcy, to decide whether a federal and provincial law conflict operationally.

D) Ancillary powers, to determine if the law is necessary to support a broader valid regime.

136. Jasmine files a Charter claim in Small Claims Court seeking $35,000 in damages for an alleged breach of s. 7 by a municipal officer. She does not ask for a declaration of invalidity and does not challenge the constitutionality of any statute. The defendant argues that Small Claims Court cannot consider Charter arguments. Jasmine responds that she is only claiming damages under s. 24(1) of the Charter.

What is the most accurate statement of the court’s authority?

A) Small Claims Court has no authority to consider Charter-based arguments of any kind.

B) Small Claims Court may consider Charter issues but cannot award monetary compensation.

C) Small Claims Court may grant Charter damages if procedural rules are followed.

D) Small Claims Court lacks jurisdiction, and such claims must be brought by judicial review instead.

137. An immigrant rights organization brings a constitutional challenge to a provision in federal immigration law that limits access to healthcare for certain classes of refugee claimants. The organization argues the law violates s. 7 and s. 15 of the Charter. The federal government argues the organization lacks standing because none of its members are directly affected. The reviewing court considers whether to grant public interest standing.

Which of the following best reflects the applicable legal test for public interest standing?

A) The organization must show it is personally affected and represents a definable class of claimants.

B) The organization must show a serious issue, genuine interest, and effective means to litigate.

C) The organization must be incorporated solely for the purpose of public interest litigation.

D) The court may not grant standing unless an individual plaintiff is also part of the claim.

138. Benson challenges the constitutionality of a federal statute that criminalizes specific online speech. He launches the case in the Federal Court as a direct challenge. The Attorney General argues that the Federal Court lacks jurisdiction to hear the matter because no administrative action or federal board decision is involved. Benson counters that the matter concerns a federal law, so Federal Court is the appropriate forum.

What is the correct jurisdictional analysis for Benson’s Charter challenge?

A) The Federal Court has exclusive jurisdiction over constitutional issues involving federal laws.

B) The Federal Court cannot hear a direct challenge unless tied to statute or tribunal review.

C) The Federal Court must automatically refer the matter to a provincial superior court.

D) The Federal Court may rule on the matter only if the Attorney General provides consent.

139. Malik is denied a building permit under a municipal bylaw. He is not given a detailed explanation but receives a short form letter citing “non-compliance with zoning requirements.” Malik believes the real reason is unrelated and that he has not been treated fairly. He seeks judicial review. The municipality argues the permit process is administrative, not judicial, and thus the duty of fairness does not apply.

Which of the following most accurately reflects the legal framework?

A) Even administrative decisions must meet the duty of fairness, tailored to context.

B) As a discretionary municipal action, no procedural rights arise.

C) Fairness applies only in quasi-judicial and adjudicative functions.

D) Procedural fairness only applies where a Charter right is invoked.

140. Gillian operates a public law practice and occasionally accepts client payments by credit card. Her point-of-sale (POS) terminal deposits all funds to her general account, including money retainers for future work. Gillian tracks the retainers in a spreadsheet but does not transfer the funds to trust.

What rule is Gillian breaching in this arrangement with her credit card payments?

A) Accepting credit cards as a payment method for legal services provided to her clients.

B) Failing to deposit retainers for future work directly into her designated trust account.

C) Using a single POS terminal rather than separate terminals for each account type.

D) Charging HST on retainers that have not yet been fully earned or invoiced by her.

141. A provincial government introduces legislation requiring the licensing of all banks operating in the province. The legislation includes licensing fees, mandatory reporting, and consumer protection standards. A national bank refuses to comply, arguing that banking is an exclusive federal head of power under s. 91(15). The province contends that the law is simply a general consumer protection measure applying to all financial service providers.

How should the court resolve this constitutional dispute?

A) The court should apply the ancillary powers doctrine to preserve the law as part of provincial financial regulation.

B) The court should apply federal paramountcy, since federal law occupies the field of banking.

C) The court should apply interjurisdictional immunity, as provincial laws may not impair the core of banking.

D) The court should uphold the law under double aspect since consumer protection is shared jurisdiction.

142. Arman files a constitutional challenge to a new Ontario regulation that restricts protest activity within 100 metres of government buildings. He is not himself a protestor but belongs to a civil liberties association that supports the rights of activists. No individuals affected by the law have come forward to join the litigation. The government moves to dismiss the case for lack of standing. Arman argues that he should be granted public interest standing in light of the constitutional importance of the issue and the absence of other suitable plaintiffs.

Which of the following is the correct legal test for Arman’s claim to public interest standing?

A) Arman must demonstrate that his organization has been directly and personally affected by the law.

B) Arman must establish a serious issue, a genuine interest, and that litigation is an effective way forward.

C) Arman must show that he will be the only individual directly affected by the law’s outcome.

D) Arman may proceed only if the Charter issue has previously been ruled on by a Canadian court.

143. Daniel, a senior government lawyer, is advising a department on whether Indigenous communities must be included in consultations about a new infrastructure project. He believes that consultation is discretionary and dependent on whether Indigenous title has been proven in court. His team reviews the file and finds no pending Aboriginal title litigation. Daniel recommends proceeding without consultation.

What is wrong with Daniel’s recommendation under constitutional and administrative law principles?

A) Consultation obligations apply only to the Crown and not to its individual departments.

B) Consultation is required only where Aboriginal title has been formally recognized in court.

C) Indigenous peoples must first initiate consultation before the Crown becomes involved.

D) The Crown’s duty may arise even without litigation if Indigenous rights may be affected.

144. Farah, a journalist, challenges the decision of a federal Access to Information Officer to redact substantial portions of government records requested under the Access to Information Act. She argues that the redactions improperly restrict her Charter rights and fail to comply with the Act. The tribunal relied heavily on internal policy manuals without disclosing them. Farah seeks judicial review in the Federal Court and asks the court to quash the decision and substitute its own.

Which of the following best describes the remedial authority of the court in a judicial review proceeding?

A) The court must substitute its view if it concludes the decision is unreasonable or arbitrary.

B) The court may award damages under the Charter, even as part of administrative review.

C) The court may quash the decision and remit the case but will not usually substitute its own.

D) The court has full remedial power, including authority to fix precise redaction boundaries.

145. A religious minority group applies for a permit to hold a religious festival in a public park. The municipality denies the permit, citing a policy that prohibits large gatherings in that park due to ongoing maintenance. The group alleges a violation of their s. 2(a) rights and files a Charter challenge. The municipality argues that the restriction is reasonable and based on public infrastructure concerns. The reviewing court begins its analysis by determining whether s. 2(a) is engaged.

Which of the following best captures the initial legal inquiry?

A) The court must assess whether the government intended to suppress the group’s religious beliefs.

B) The court must determine whether the claimant sincerely believes the practice is religiously motivated and whether the state interfered in a non-trivial way.

C) The court must determine whether the park has historically hosted religious events.

 D) The court must examine whether the practice is essential to the group’s religion.

146. Ravi is representing a client before an Ontario administrative tribunal governed by the SPPA. The tribunal normally conducts proceedings in writing or by video conference. Ravi’s client, who has a visual impairment and limited access to technology, asks for an in-person hearing. Ravi brings a motion requesting that the tribunal accommodate his client’s needs. The tribunal’s rules permit in-person hearings only where necessary to ensure fairness. The opposing party argues that video conference is sufficient and cost-effective, especially since the matter does not involve witness testimony. The tribunal must now decide whether to grant the request for an oral hearing.

Which of the following best reflects the tribunal’s statutory authority and approach under the SPPA?

A) The tribunal must grant the oral hearing if any party asserts technological hardship issues.

B) The tribunal has no discretion once written or electronic formats are set by the procedural rules.

C) The tribunal may deny an oral hearing unless it finds prejudice cannot be reasonably mitigated.

D) The tribunal is required to conduct oral hearings in all matters involving a disability request.

147. Liam is representing a vulnerable client before a tribunal that deals with landlord–tenant disputes. His client suffers from anxiety and struggles to testify in formal settings. The tribunal has adopted a rule requiring all applicants to testify under oath during live hearings. Liam believes the rule may violate the client's right to accommodation and natural justice. He proposes that his client submit a sworn affidavit and respond to questions only in writing. The tribunal refuses, citing procedural uniformity. Liam brings a motion under the SPPA.

What is the most legally accurate analysis of the tribunal’s response under the SPPA?

A) The tribunal is entitled to apply its procedure strictly if the rule is applied to all participants.

B) The tribunal must provide accommodations to ensure fairness and cannot apply rules rigidly.

C) The tribunal must conduct oral hearings in every case that requires credibility assessment.

D) Liam’s client must bring a Charter application in order to assert the right to accommodation.

148. Maya is a licensed paralegal who regularly represents clients at a social benefits tribunal. She agrees to assist her cousin with a matter before a different tribunal where she is unfamiliar with the rules. During the hearing, Maya becomes argumentative with the chair and fails to follow procedural directions. The tribunal warns her twice, but she continues to interrupt proceedings. The chair eventually excludes Maya from representing her cousin. Maya objects, stating that under the SPPA, her client has a right to representation of their choice.

Which of the following best reflects the tribunal’s authority to respond in this situation?

A) The tribunal may not exclude a licensed representative unless a court has ordered disqualification.

B) The tribunal may only reprimand representatives but lacks power to remove them from hearings.

C) Under the SPPA, the tribunal may exclude a representative who disrupts proceedings.

D) The SPPA does not apply to representative conduct, and only Law Society rules are relevant.

149. Jacob is charged under a provincial law that imposes a fine for displaying protest signs on public transit property. He argues that the law infringes his s. 2(b) right to freedom of expression. The transit authority claims the Charter does not apply because it is a Crown corporation and the property is privately managed. Jacob argues that the transit system functions as a public forum and is funded and controlled by the government.

What is the correct legal approach to determine whether the Charter applies in this case?

A) The Charter applies only to provincial statutes and never to Crown-owned corporations.

B) The Charter does not apply to restrictions on conduct occurring in semi-private property.

C) The Charter applies if the authority is exercising statutory powers or public mandates.

D) The Charter applies only when legal restrictions impact criminal law or voting rights.

150. Naomi represents a client challenging the decision of a federal licensing tribunal. The tribunal denied her client’s application based on “public interest” grounds, offering minimal explanation beyond that term. The enabling statute is silent on standard of review, but provides for no statutory appeal. Naomi believes the decision was irrational and seeks judicial review in the Federal Court. The Crown argues that the tribunal has expertise in public safety matters and that its decision should not be second-guessed. Naomi argues that the tribunal's reasoning was incoherent and failed to address key arguments.

Which of the following most accurately reflects the applicable standard of review in this case?

A) Correctness, because the tribunal failed to engage with relevant submissions and evidence.

B) Correctness, since issues of public safety are matters of central legal and constitutional importance.

C) Reasonableness, because Vavilov presumes deference when no appeal mechanism is provided.

D) Reasonableness, unless the court determines that constitutional values are clearly implicated.

151. A provincial minister is empowered by statute to deny licenses to applicants "where it is in the public interest to do so." The statute provides no definition of “public interest” and no appeal mechanism. When Jorge’s license is denied without reasons, he challenges the decision on the basis that it lacked transparency and relied on irrelevant considerations. The ministry argues the decision falls within a broad discretionary power and cannot be second-guessed.

Which of the following is the best legal analysis of the minister’s discretionary decision?

A) A broad discretionary power means the decision is immune from judicial review processes.

B) The court must fully defer to the minister’s own interpretation of what serves the public interest.

C) Even discretionary decisions are reviewable if they are unreasonable or rely on irrelevancies.

D) If no reasons were given, the court must automatically set aside the result for unfairness.

152. Deirdre, a parole officer, issues a recommendation to deny parole to an applicant. The applicant is not granted a hearing before the Parole Board acts on the recommendation. The board’s decision to deny parole is made entirely in writing. Deirdre is concerned this process violated the applicant’s procedural rights under the Canadian Charter of Rights and Freedoms. She is advised to examine both the enabling statute and relevant Charter jurisprudence.

What is the most accurate statement of the law governing procedural rights in this case?

A) Natural justice applies only when the enabling legislation requires a formal oral hearing.

B) The Charter may require extra procedural protections where liberty is engaged.

C) Procedural safeguards are limited to those outlined in the relevant enabling statute.

D) An oral hearing must be provided in all discretionary decisions on conditional release.

153. Chloe is counsel for an Indigenous nation in Alberta asserting Aboriginal title over a traditional hunting territory. The nation demonstrates consistent use and occupation of the land for ceremonial and subsistence purposes prior to assertion of British sovereignty. The Crown contests the claim, arguing that sporadic use and lack of modern development weaken the claim. Chloe relies on oral history, archaeological records, and evidence of spiritual sites.

Which test governs the establishment of Aboriginal title in this context?

A) The Delgamuukw test, requiring proof of exclusive occupation at the time of British sovereignty.

B) The Powley test, requiring proof of community identity and continuity.

C) The Van der Peet test, requiring proof of a practice integral to culture before 1982.

D) The Badger test, requiring written confirmation in a pre-1900 treaty.

154. Aisha is retained by a nonprofit organization to conduct a public interest constitutional challenge against a provincial regulation. She agrees to work under a reduced rate but is later offered a bonus by a third-party donor who supports the litigation. Aisha accepts the $5,000 bonus directly from the donor and deposits it into her general account. She does not tell the client, reasoning that the bonus did not come from the client and was based on her excellent work. Months later, the client discovers the payment and files a complaint, alleging that Aisha profited improperly from the representation. Aisha insists the donation had no effect on the legal fees charged to the client and that her independence was never compromised.

What duty did Aisha most clearly breach?

A) She should have redirected the payment to the client.

B) She failed to request written authorization from the donor.

C) She failed to disclose and obtain informed client consent before accepting compensation from a third party.

D) She should have sought permission from the court to accept the bonus.

Case 7

TeraCanna Labs is a provincially incorporated cannabis research firm in Ontario. It receives federal grants but is otherwise regulated under Ontario’s Cannabis Licence Act. The firm is served with a compliance order by the newly established Canada Digital Integrity Commission (CDIC), a federal body tasked with overseeing misinformation risks in sensitive sectors, including biotech. The order alleges that TeraCanna’s social media content about cannabinoid therapies risks misleading the public and violates federal guidelines on digital health messaging. TeraCanna immediately files for judicial review in Divisional Court. It argues that the CDIC order is ultra vires, as cannabis licensing and professional speech regulation fall under provincial jurisdiction. The Crown argues that the order is valid under federal authority to regulate criminal law and matters of national concern. The Divisional Court must now determine whether the CDIC acted within its constitutional and administrative authority.

Questions 155 to 157 refer to Case 7

155. What is the most relevant doctrine the court should apply when assessing the constitutional validity of the CDIC’s enabling legislation?

A) Whether the agency’s regulation of digital platforms infringes the Charter right to freedom of association.

B) Whether the law, in pith and substance, falls within a federal head of power despite its effects on provincial matters.

C) Whether the provinces have concurrent jurisdiction to apply similar regulations under their own health legislation.

D) Whether federal and provincial officials negotiated the structure and scope of the CDIC’s mandate.

156. What is the most likely argument TeraCanna could raise to show that the CDIC overstepped its statutory authority, even if the enabling statute is constitutionally valid?

A) The Commission relied on federal funding to justify its oversight role, which is an irrelevant consideration.

B) The order exceeded the Commission’s delegated authority by targeting speech outside the defined regulatory scope.

C) The Commission failed to obtain written submissions from the company before issuing its order.

D) The administrative decision is reviewable only under the Federal Court Act, not in provincial court.

157. If the Divisional Court proceeds with judicial review, what is the default standard it will apply in evaluating the CDIC’s decision?

A) The court will substitute its view of the evidence unless the decision-maker is an expert body.

B) All tribunal decisions are reviewed on a correctness standard unless otherwise prescribed.

C) The court will consider only procedural fairness and cannot interfere with substantive findings.

D) The court will presume a reasonableness standard unless specific exceptions apply.

Case 8

OceanBlue Child Services is a provincially funded non-profit providing therapy programs to youth with developmental disabilities. The organization recently denied Marcus, a 16-year-old with autism, access to one of its community-based programs due to concerns over staffing levels and safety. Marcus’s mother files a human rights complaint, alleging discriminatory exclusion based on disability. At the Human Rights Tribunal of Ontario (HRTO) hearing, her lawyer also raises a Charter challenge, arguing that OceanBlue’s exclusion policy violates Marcus’s constitutional rights to equality and personal security. OceanBlue moves to strike the Charter claim, arguing the tribunal lacks authority to decide constitutional validity. The tribunal agrees it has jurisdiction to hear questions of law but finds it cannot issue a general declaration of invalidity. Marcus’s lawyer seeks judicial review of the decision and requests a broader ruling that the exclusion policy is unconstitutional on its face.

Questions 158 to 160 refer to Case 8

158. What is the most accurate statement about the HRTO’s ability to consider Marcus’s Charter claim?

A) The tribunal may only refer Charter issues to the Divisional Court for consideration.

B) The tribunal can decide whether the exclusion policy violates constitutional rights, but only in the context of Marcus’s case.

C) The tribunal must decline jurisdiction unless the Attorney General intervenes.

D) The tribunal may hear the challenge only if the organization is a direct government agency.

159. What is the most appropriate forum for seeking a general declaration that OceanBlue’s policy is invalid for all similar organizations?

A) The Ontario Human Rights Commission, as it has public policy jurisdiction.

B) The HRTO, through a representative class complaint brought by multiple families.

C) The Superior Court of Justice, which has authority to grant broader constitutional remedies.

D) The Ministry of Children, Community and Social Services, through an administrative appeal.

160. What procedural step could result in Marcus’s Charter claim being dismissed, even if the underlying argument has merit?

A) Failure to serve a constitutional question notice on the appropriate governments.

B) Failure to present the claim in a civil action instead of a tribunal proceeding.

C) Failure to obtain expert evidence from a clinical psychologist before the hearing.

D) Failure to call Marcus to testify about the impact of the policy on his daily routine.