Civil Litigation (P1) Question Pack - Questions and Answers

1. Tessa is reviewing a contract for a client continuing employment after a corporate acquisition. What should she consider when assessing the effect on benefits?

  1. Past service is irrelevant under Ontario law.
  2. The new employer must provide a full year of severance.
  3. Past service typically carries over unless excluded in the new agreement.
  4. Benefits reset automatically when a business is sold.

Correct Answer: C

Explanation: Continuity of employment is recognized when a business is sold as a going concern, unless the new contract clearly breaks that continuity.

2. What is acceptable proof of service when a paralegal personally serves a document?

  1. A receipt signed by the opposing party.
  2. An affidavit or certificate of service from the serving party.
  3. A time-stamped copy of the served document.
  4. A written log entry describing the delivery.

Correct Answer: B

Explanation: Rule 8.09.1 allows affidavits or certificates of service signed by the server, provided they're satisfied the service was done properly.

3. Leo receives a claim naming a defendant who appears mentally incapable. No litigation guardian is listed. What should Leo do?

  1. Serve the defence regardless.
  2. File for default judgment.
  3. Ask the plaintiff for settlement options.
  4. Notify the court and request appointment of a guardian.

Correct Answer: D

Explanation: Rule 4.02(3) requires a litigation guardian when a party is under disability. Leo must notify the court to address the deficiency before proceeding.

4. Rina wants to amend her client’s pleadings less than 30 days before trial but lacks consent. What must she do?

  1. Notify opposing counsel via email.
  2. Restart the claim with a revised pleading.
  3. Request approval from a Small Claims clerk.
  4. File a motion on notice per Rule 12.01(3)(a).

Correct Answer: D

Explanation: Amendments within 30 days of trial require a formal motion unless both parties consent or the amendment falls within clerk authority.

5. Mateo is advising a client dismissed after 2.5 months on probation with no explanation. What does the common law say?

  1. Probation allows dismissal at any time with cause.
  2. The employer must issue a severance package.
  3. Termination requires HR approval and written notice.
  4. If done in good faith, dismissal may occur without notice during probation.

Correct Answer: D

Explanation: Probationary employment can be terminated without notice if assessed fairly and in good faith. However, ESA minimums may still apply past three months.

6. In which situation can a clerk issue default judgment without a hearing?

  1. Where the defendant confirms service in writing.
  2. If the claim is supported by an affidavit alone.
  3. When the amount owing is a clear, calculated sum.
  4. Whenever the plaintiff attaches financial statements.

Correct Answer: C

Explanation: Default judgments for debts or liquidated demands—where amounts are easily determined—may be granted by the clerk without a court appearance.

7. When is email service considered effective under the Small Claims Court Rules?

  1. One day after it’s sent.
  2. Same day unless sent after 4 p.m., then next day.
  3. Once the recipient opens the message.
  4. At 12:01 a.m. the following business day.

Correct Answer: B

Explanation: Per Rule 8.08(4), service by email is effective on the day it’s sent unless after 4:00 p.m.—in which case it's effective the next day.

8. What distinguishes fiduciary employees from regular employees post-termination?

  1. They owe continuing duties such as not soliciting clients.
  2. Their employment cannot be terminated without cause.
  3. Their compensation must be board-approved.
  4. They retain company shares indefinitely.

Correct Answer: A

Explanation: Fiduciary employees often have post-employment obligations, including maintaining confidentiality and avoiding client solicitation for a reasonable period.

9. Nina’s client in Small Claims Court is showing signs of cognitive decline. What should Nina do?

  1. End the retainer to avoid risk.
  2. Proceed with the file until a dispute arises.
  3. Refer the client to family services.
  4. Maintain the relationship and seek a legal representative if needed.

Correct Answer: D

Explanation: Rule 3.02(13)–(14) directs paralegals to maintain their role as much as possible and assist in arranging representation if the client loses capacity.

10. What form must be filed when someone agrees to act as a litigation guardian in Small Claims Court?

  1. Form 15A.
  2. Certificate of mental capacity.
  3. Consent to Act as Litigation Guardian (Form 4A).
  4. A notarized letter of intent.

Correct Answer: C

Explanation: Rule 4.01(3) requires Form 4A, which outlines the applicant's relationship, confirms absence of conflict, and certifies willingness to act.

11. On the morning of trial, Simone realizes a document was left out of the pleadings. What must she do to include it?

  1. File a motion seeking leave to amend.
  2. Submit an email to the court with the new document.
  3. Wait and introduce it during closing submissions.
  4. Get oral consent from the opposing party.

Correct Answer: A

Explanation: Amendments within 30 days of trial require court permission through a motion under Rule 12.01(3)(a), especially when documents were omitted.

12. Lucas has tried several times to serve the defendant personally but failed. What must he prove to request substituted service?

  1. The defendant is likely avoiding service.
  2. Substituted service is legally superior.
  3. The alternate method saves time and expense.
  4. His method is likely to bring the document to the person’s attention.

Correct Answer: D

Explanation: The court will approve substituted service if personal service was impractical and the proposed method reasonably gives the person notice of the claim.

13. Tiana is wary of calling a witness who has both helpful and harmful testimony. What tactic should she consider?

  1. Let the opposing party call the witness, then cross-examine.
  2. Call the witness first to establish control.
  3. Omit the witness entirely to save time.
  4. Serve a subpoena without listing them as a trial witness.

Correct Answer: A

Explanation: Allowing opposing counsel to call such a witness enables Tiana to elicit favourable testimony on cross while limiting harm to her client.

14. Olivia is drafting a statement of claim that includes fraud. What must she do under the Paralegal Rules of Conduct?

  1. Leave the fraud allegations vague to preserve flexibility.
  2. Notify opposing counsel before filing.
  3. Attach emails and bank records only.
  4. Secure written instructions and ensure there’s a factual basis with full particulars.

Correct Answer: D

Explanation: Allegations of fraud must be made carefully and supported by specific facts and written client instructions to avoid sanctions.

15. What is the key distinction between a penalty clause and a liquidated damages clause?

  1. Penalty clauses must be signed before witnesses.
  2. Liquidated damages reflect actual losses; penalty clauses are punitive and often unenforceable.
  3. Both terms are interchangeable in contract law.
  4. Penalty clauses are required in employment contracts.

Correct Answer: B

Explanation: Courts uphold liquidated damages when they reflect a fair pre-estimate of loss, but reject penalty clauses that punish rather than compensate.

16. Which of the following is not a recognized way for a Small Claims Court case to be disposed of without trial?

  1. Voluntary discontinuance.
  2. Mediation breakdown between the parties.
  3. A settlement agreement reached in writing.
  4. Consent of all parties to dismiss the action.

Correct Answer: B

Explanation: A matter can be resolved without trial by discontinuance, settlement, default, or consent. Mediation failure alone does not end a proceeding.

17. What is one advantage of suing a registered partnership under its firm name rather than naming individual partners?

  1. It allows enforcement against unrelated companies.
  2. The firm is treated as a corporation under the Rules.
  3. The action can continue even if a partner leaves or dies.
  4. All partners become personally liable without further notice.

Correct Answer: C

Explanation: Suing under the firm name accommodates changes in partnership composition and avoids the need to amend pleadings if partners change.

18. Devon hires a licensed investigator to monitor a corporate officer suspected of breach. What must Devon ensure to comply with privacy law?

  1. Surveillance occurs during business hours only.
  2. Consent is obtained before surveillance begins.
  3. The collection is proportionate, lawful, and justified under an exception to PIPEDA.
  4. The report is attached to all court documents as disclosure.

Correct Answer: C

Explanation: Under PIPEDA s. 7(1)(b), consent isn't required where personal information is gathered for a legal investigation, provided the collection is reasonable and limited.

19. When may a Small Claims Court compel a non-party to produce documents?

  1. If prior cooperation with the plaintiff is alleged.
  2. If the documents were deleted but once existed.
  3. If the party requesting them has exhausted other means and they’re essential to a material issue.
  4. If the documents are in a language not understood by the plaintiff.

Correct Answer: C

Explanation: Non-party production requires that the materials be critical to the proceeding and unobtainable by other reasonable efforts.

20. Paralegal Samira is pursuing a contempt hearing against a judgment debtor. How must she serve the notice of contempt hearing?

  1. By standard mail with a certificate of service.
  2. By email if confirmed read by the recipient.
  3. Through substituted service allowed by the court.
  4. By personal service on the individual in question.

Correct Answer: D

Explanation: Rule 8.01(13) requires that a notice of contempt hearing be personally served to ensure the recipient is formally aware of the proceeding.

21. A paralegal reviewing text messages for disclosure notices confidential material about someone unrelated to the case. What should the paralegal do?

  1. Only produce the messages that favor the client.
  2. Disclose everything to avoid allegations of selective editing.
  3. Redact unrelated or sensitive information that’s not relevant to the matter.
  4. Wait until trial to determine what is admissible.

Correct Answer: C

Explanation: Disclosure must be relevant, proportional, and respectful of third-party privacy. Irrelevant personal content should be redacted.

22. Malik is assessing whether a handwritten agreement is enforceable in law. What factor must he confirm?

  1. The contract contains a clause about how disputes are to be handled.
  2. Both parties had prior business dealings.
  3. There was intention to create legal relations, plus offer, acceptance, and consideration.
  4. That it was signed in duplicate and dated precisely.

Correct Answer: C

Explanation: All contracts require offer, acceptance, consideration, and mutual intention to create legal obligations—regardless of how informal the agreement appears.

23. Jasmine wishes to sue two contractors jointly for related renovation issues. What principle would justify combining the claims in one action?

  1. The equitable doctrine of quantum meruit.
  2. The notion that all parties to a transaction must be treated identically.
  3. The liberal interpretation of Rules to encourage simplicity and fairness.
  4. Section 10 of the Limitations Act, 2002.

Correct Answer: C

Explanation: The Rules of the Small Claims Court emphasize efficiency and access to justice, permitting joinder of parties when it promotes fairness and avoids duplication.

24. Aisha is preparing a claim for a 17-year-old. What must she confirm before filing?

  1. That the client signs the claim themselves.
  2. That the amount claimed exceeds $5,000.
  3. That a litigation guardian has agreed to act, unless the claim is for $500 or less.
  4. That a parent is prepared to testify on the client’s behalf.

Correct Answer: C

Explanation: Rule 4.01 requires minors to act through a litigation guardian unless the amount claimed is $500 or less—meant to protect vulnerable parties in litigation.

25. Clara drafts a contract to sell a unique art piece. Unknown to both parties, it no longer exists. What legal concept could apply?

  1. Frustration due to impossibility.
  2. Unilateral mistake by the seller.
  3. Mutual mistake about a fundamental fact.
  4. Rescission based on duress.

Correct Answer: C

Explanation: Mutual mistake arises when both parties share a misunderstanding about an essential element—such as the existence of the subject matter—rendering the contract void.

26. A defendant wants to bring a related claim against another party to the dispute. How and when must this be done?

  1. By filing Form 10A within 20 days of filing the defence.
  2. Using Form 8C before the first court appearance.
  3. By serving a notice of claim after default judgment.
  4. Through oral motion at the pretrial conference.

Correct Answer: A

Explanation: Under Rule 10.01(2), a defendant’s claim (Form 10A) must be filed within 20 days after filing a defence unless the court grants permission for late filing.

27. While drafting a factum, Sarah refers to her client's medical condition. What must she avoid disclosing?

  1. The name of the clinic where treatment occurred.
  2. The date of injury if not contested.
  3. Full medical records, address, or SIN unless legally necessary.
  4. General allegations related to symptoms.

Correct Answer: C

Explanation: Privacy principles discourage disclosing sensitive identifiers unless they are directly relevant and necessary for adjudication.

28. Before representing a corporation, what must the paralegal confirm?

  1. That it filed taxes in the current fiscal year.
  2. That the retainer is signed by all shareholders.
  3. That the corporation is validly formed and the retainer is authorized.
  4. That minutes of board meetings are filed with the court.

Correct Answer: C

Explanation: A paralegal must ensure the corporation is properly registered and that the individual providing instructions has clear authority to bind the company.

29. Marcus intends to argue that the claim is barred due to delay. What must he do?

  1. Raise the limitation period verbally at the hearing.
  2. Include it clearly in the defence with supporting facts.
  3. Mention it in passing during cross-examination.
  4. Argue it after trial in closing submissions.

Correct Answer: B

Explanation: Special defences such as limitation periods must be pleaded clearly or risk being excluded. It’s not enough to raise them orally at trial.

30. Naomi’s client wants to file a $41,000 claim in Small Claims Court. What should Naomi advise to keep it within jurisdiction?

  1. Withdraw and file in Superior Court instead.
  2. Waive the amount exceeding $35,000 and proceed.
  3. Divide the claim across two related actions.
  4. Seek judicial permission to exceed the monetary cap.

Correct Answer: B

Explanation: Plaintiffs may voluntarily waive any amount over the $35,000 Small Claims Court limit in order to access the simplified procedure.

31. Paralegal Ava represents a plaintiff who obtained default judgment. The defendant later moves to set it aside. What must the defendant prove to succeed?

  1. That they contacted the plaintiff first.
  2. That they have a defence, a reasonable excuse for the default, and acted promptly.
  3. That they disagree with the judgment.
  4. That the clerk improperly issued the judgment.

Correct Answer: B

Explanation: Under Rule 11.06, the moving party must show a good defence, a reasonable explanation for failing to respond, and prompt action in bringing the motion.

32. When must a paralegal serve a Notice of Constitutional Question in Small Claims Court?

  1. When seeking more than $35,000 in damages.
  2. When arguing a law is unconstitutional.
  3. When requesting a jury trial or jury waiver.
  4. When raising issues involving administrative tribunals or agencies.

Correct Answer: B

Explanation: A Notice of Constitutional Question must be served at least 15 days before the hearing if constitutionality of legislation is challenged.

33. Jonah receives a request for access to personal information his firm holds. What may he legally assert under privacy legislation?

  1. He must fully disclose all records immediately.
  2. He may deny access if the information is privileged.
  3. He must seek the client’s consent before replying.
  4. He must provide access but redact client billing notes.

Correct Answer: B

Explanation: PIPEDA permits withholding information protected by solicitor-client privilege (or paralegal-client privilege, where applicable).

34. What is the deadline to serve a plaintiff’s claim once it’s issued?

  1. 15 business days from issuance.
  2. 3 months from filing.
  3. 6 months, but an extension may be granted by the court.
  4. 12 months from the date of incident.

Correct Answer: C

Explanation: Rule 8.01(2) sets a 6-month service limit from the date of issuance. The court may extend that deadline where warranted.

35. Arman learns a necessary party has been left out of a case already in progress. What may the court do?

  1. Add the party at any stage if it won’t cause prejudice that can’t be addressed by costs or adjournment.
  2. Add the party only if all other parties consent in writing.
  3. Strike out the claim entirely and order it to be restarted.
  4. Allow the proceeding to finish and consider a new action later.

Correct Answer: A

Explanation: The court can add parties at any time under Rule 5.04(2), provided doing so doesn’t cause irremediable harm to existing parties.

36. Jonah wants to contest default judgment entered against him. What procedure and form must he use?

  1. Form 7A and a Rule 12.02 motion to strike the claim.
  2. Form 15A and a motion under Rule 11.06 to set aside the judgment.
  3. Form 10A and a Rule 17.04 application for a new trial.
  4. Clerk’s memorandum using Form 11.2A to request reconsideration.

Correct Answer: B

Explanation: A party seeking to set aside default judgment must use Form 15A and bring a motion under Rule 11.06.

37. Darius had default judgment entered against him and missed the 30-day appeal period. What can he do while preparing a motion to set it aside?

  1. Request a stay of enforcement from the Small Claims Court.
  2. File a new plaintiff’s claim.
  3. Ask the plaintiff to voluntarily set aside the judgment.
  4. Appeal directly to the Ontario Court of Appeal.

Correct Answer: A

Explanation: Enforcement may be stayed under Rule 20.02 or Rule 63.01 pending the hearing of a setting-aside motion.

38. Nina’s client rejects a settlement offer served five days before trial. Judgment is later less favorable. What cost consequence applies?

  1. The court may impose double costs against Nina’s client.
  2. The paralegal may be disciplined for poor advice.
  3. The offer carries no automatic cost consequence due to insufficient notice.
  4. The court may dismiss the action for lack of cooperation.

Correct Answer: C

Explanation: Offers under Rule 14.07 must be served at least 7 days before trial to trigger cost implications. A five-day notice is insufficient.

39. What is a key distinction between mediation and arbitration in alternative dispute resolution (ADR)?

  1. Only arbitration produces binding decisions; mediation relies on party agreement.
  2. Arbitration is court-supervised, while mediation always occurs privately.
  3. Mediation decisions are enforceable; arbitration opinions are not.
  4. Both are binding, but only arbitration allows cross-examination.

Correct Answer: A

Explanation: Arbitration involves an adjudicator issuing a decision, often binding, while mediation is collaborative and non-binding.

40. A plaintiff’s injuries are worsened due to a rare condition unknown to the defendant. Which principle applies?

  1. Contributory negligence.
  2. Volenti non fit injuria.
  3. Thin-skull rule.
  4. Material contribution test.

Correct Answer: C

Explanation: The thin-skull rule holds defendants liable for all consequences of their actions, even when the plaintiff has pre-existing vulnerabilities.

41. Raj is reviewing a client’s electronically issued claim. What must he check before serving it?

  1. That the plaintiff signed the claim manually.
  2. That the claim is sealed, signed, dated, and assigned a court file number.
  3. That a hard copy is filed with the nearest court.
  4. That a Notice of Constitutional Question is attached.

Correct Answer: B

Explanation: Rule 7.02(1) deems a claim issued once it has been signed, dated, sealed, and file-numbered by the clerk.

42. Elias wants to sue a municipality for icy sidewalk injuries. What preliminary step must he take?

  1. Serve written notice on the municipality within 10 days.
  2. Wait for a weather report from Environment Canada.
  3. File a motion for summary judgment.
  4. Obtain a medical report confirming liability.

Correct Answer: A

Explanation: Under the Municipal Act, s. 44(10), written notice must be served within 10 days of the alleged incident.

43. What form does a defendant use to bring a counterclaim or third-party claim?

  1. Form 7A – Plaintiff’s Claim.
  2. Form 9A – Defence.
  3. Form 10A – Defendant’s Claim.
  4. Form 6B – Request to Clerk.

Correct Answer: C

Explanation: A defendant uses Form 10A to file a claim against the plaintiff or a third party within 20 days of serving their defence.

44. Evan’s client experienced a blackout before a car accident. What legal concept may excuse liability?

  1. Thin-skull rule.
  2. Automatism due to physical or mental condition.
  3. Reckless disregard for public safety.
  4. The “but for” test of causation.

Correct Answer: B

Explanation: If a medical event renders a person incapable of voluntary action, the defence of automatism may negate liability due to lack of control.

45. What is a key difference between consolidating two actions and having them heard together?

  1. Only consolidation creates a joint file and record.
  2. Hearing together requires one matter to be withdrawn.
  3. Consolidation is informal; hearings together are binding.
  4. Only hearing together permits joint cross-examination.

Correct Answer: A

Explanation: Consolidated actions share a file number and record. Cases heard together remain separate proceedings, though tried simultaneously.

46. Paralegal Deena is preparing to file a plaintiff’s claim for a car accident that occurred in Mississauga. The defendant lives and works in Toronto. Where should Deena commence the action?

  1. Only in Mississauga, where the cause of action arose.
  2. Any location in Ontario.
  3. In either Mississauga or Toronto.
  4. Only in Toronto, where the defendant lives.

Correct Answer: C

Explanation: Under Rule 6.01(1), a plaintiff may commence an action in the location where the cause of action arose or where the defendant resides or carries on business.

47. What must a plaintiff prove to establish a successful claim in negligence?

  1. Duty of care, breach, causation, remoteness, and damages.
  2. Mental illness, breach of contract, and intentional harm.
  3. Malice, recklessness, and fiduciary relationship.
  4. Strict liability and causation only.

Correct Answer: A

Explanation: The essential elements of negligence are (1) a duty of care, (2) a breach of the applicable standard, (3) factual causation, (4) legal causation or remoteness, and (5) compensable damage.

Case 1

Jordan, a paralegal, is representing his client, Amina, in a Small Claims Court matter involving breach of a cleaning services contract. Amina is suing her former client, who cancelled services midway through the agreement and refused to pay for several completed appointments. During the intake, Jordan learns there is no written contract—only text messages and bank transfers.

Questions 48 to 50 refer to Case 1

 

48. Before drafting the Plaintiff’s Claim, what is Jordan’s first priority?

  1. File an application for judgment.
  2. Request mediation.
  3. Determine whether sufficient evidence exists to prove a contract.
  4. Demand an apology letter from the defendant.

Correct Answer: C

Explanation: Without a written agreement, Jordan must assess whether the available evidence—such as texts, payment records, or conduct—can establish a valid contract and support a claim.

49. If the defendant claims Amina breached the agreement first, what legal concept will Jordan need to address in the pleadings?

  1. Estoppel.
  2. Contributory negligence.
  3. Set-off and counterclaim.
  4. Repudiation.

Correct Answer: D

Explanation: Repudiation refers to one party indicating they will not perform their part of a contract. If the defendant alleges Amina breached first, Jordan must anticipate this defense and clarify the sequence of events in the pleadings.

50. Amina asks Jordan to request punitive damages. What must Jordan consider before including that in the claim?

  1. Whether Amina’s claim exceeds the jurisdictional limit.
  2. Whether the defendant acted with malicious or high-handed conduct.
  3. Whether the claim has been served on time.
  4. Whether the court will assign a French-speaking deputy judge.

Correct Answer: B

Explanation: Punitive damages are only awarded where the defendant’s behavior warrants punishment beyond compensating the plaintiff. Jordan must assess whether there’s evidence of malicious or egregious conduct before requesting them.