Jurisdiction and Fundamentals Question Pack - Questions

1. What is a major disadvantage of carrying on a business as a sole proprietorship?

  1. It requires complex incorporation documents.
  2. The business must have multiple employees.
  3. There is no limited liability for the owner.
  4. It cannot operate outside Ontario.

2. What is the significance of a mortgage being referred to as a “charge” in Ontario’s land titles system?

  1. The borrower loses legal title immediately.
  2. The lender gains ownership of the land.
  3. It’s considered an encumbrance, not a transfer of title.
  4. It allows tenants to claim title after 10 years.

3. Which of the following best describes the purpose of the "peace, order, and good government" (POGG) power?

  1. To allow Parliament to legislate in areas not specifically assigned to the provinces.
  2. To grant exclusive criminal jurisdiction to provinces.
  3. To limit federal authority to emergency powers only.
  4. To delegate provincial powers to municipalities.

4. What is the role of a limited partner in a limited partnership under Ontario law?

  1. To hold lien rights on partnership property in lieu of equity.
  2. To act primarily as a passive investor with limited liability.
  3. To avoid liability while performing active services.
  4. To have full managerial control and bind the partnership.

5. What does the "interjurisdictional immunity" doctrine protect?

  1. Provincial powers from federal overreach.
  2. The core of exclusive federal powers from provincial laws that impair them.
  3. Municipalities from provincial intrusion.
  4. Civil rights from interference by any legislature.

6. Under the CPA, what happens if a merchant charges a consumer an illegal fee and does not refund it within 15 days of demand?

  1. The consumer forfeits the right to cancel.
  2. The contract is automatically cancelled.
  3. The consumer may sue the merchant to recover the amount.
  4. The merchant must double the refund amount as a penalty.

7. Which of the following is a key feature of a general partnership?

  1. Each partner is an agent for the partnership and the other partners.
  2. It is a separate legal entity under the Business Corporations Act.
  3. Incorporation with the federal government is required.
  4. Partners are only liable for acts expressly agreed to in writing.

8. What principle ensures that both private individuals and government actors are subject to legal rules in Canada?

  1. Judicial Review.
  2. Responsible Government.
  3. Rule of Law.
  4. Parliamentary Sovereignty.

9. What is the effect of registering an instrument under the registry system in Ontario?

  1. It nullifies earlier registrations.
  2. It automatically transfers ownership of title.
  3. It serves as public notice of the document’s existence.
  4. It guarantees the validity of the document.

10. What is a common remedy under section 52 of the Constitution Act, 1982 when a law is found unconstitutional?

  1. Referral to Parliament for amendment.
  2. A declaration that the law is of no force or effect.
  3. Judicial instructions for new legislative wording.
  4. A letter of reprimand issued by the Chief Justice.

11. What kind of action is subject to review under the Canadian Charter of Rights and Freedoms?

  1. Actions by individuals acting in private.
  2. Government action and programs administered on its behalf.
  3. Actions of elected politicians only.
  4. Decisions issued by foreign governments.

12. Which of the following is an example of delegated (secondary) legislation in Canada?

  1. A Ministerial regulation made under enabling statute authority.
  2. A Supreme Court opinion interpreting a statute.
  3. A Senate motion approving a proposed budget.
  4. An Act passed by the federal Parliament.

13. Under the Consumer Protection Act, 2002 (CPA), which provision cannot be overridden by contract?

  1. Agreed delivery timelines.
  2. Arbitration clauses that restrict court access.
  3. Conditions about shipping fees.
  4. The ability to return goods after 10 days.

14. What is the significance of Section 92(13) of the Constitution Act, 1867?

  1. It gives municipalities the right to self-govern.
  2. It grants Parliament power over Indigenous affairs.
  3. It gives provinces exclusive control over property and civil rights.
  4. It permits the federal government to override provincial law.

15. Which of the following is NOT required for a limited liability partnership (LLP) to carry on business in Ontario?

  1. Registration of its firm name under the Business Names Act.
  2. Maintaining minimum levels of liability insurance.
  3. Practicing a profession authorized by statute.
  4. Maintaining a registered office in Ontario.

16. What is a major disadvantage of carrying on a business as a sole proprietorship?

  1. It requires complex incorporation documents.
  2. The business must have multiple employees.
  3. There is no limited liability for the owner.
  4. It cannot operate outside Ontario.

17. Which of the following is a key feature of a general partnership?

  1. It is a separate legal entity from its partners.
  2. Partners share liability equally only if agreed in writing.
  3. It requires incorporation with the federal government.
  4. Each partner is an agent of the partnership and the other partners.

18. What is the role of a limited partner in a limited partnership under Ontario law?

  1. To hold lien rights on partnership property.
  2. To avoid liability while performing active services.
  3. To have full managerial control of the partnership.
  4. To act primarily as a passive investor with limited liability.

19. Which of the following is NOT required for a limited liability partnership (LLP) to carry on business in Ontario?

  1. Practice of a profession authorized by statute.
  2. Maintain minimum levels of liability insurance.
  3. Maintain a registered office within Ontario.
  4. Register the firm’s name under the Business Names Act.

20. What distinguishes a corporation from a partnership or sole proprietorship in Ontario?

  1. It cannot sue or be sued in its own name.
  2. It provides limited liability and is a separate legal entity.
  3. It operates only through oral contracts and simple partnerships.
  4. It requires no formal filings or government approval to exist.

21. What type of interest in land grants the most extensive rights to control, use, and transfer land?

  1. Life estate.
  2. Leasehold estate.
  3. Fee simple estate.
  4. Easement.

22. What distinguishes joint tenancy from tenancy in common?

  1. Joint tenants cannot leave their interest to heirs.
  2. Joint tenancy is always used for business partnerships.
  3. Tenants in common must share equal ownership.
  4. Tenants in common lose their interest upon death.

23. Which of the following is considered a non-exclusive interest in land?

  1. Fee simple.
  2. Leasehold estate.
  3. Easement.
  4. Life estate.

24. What is the effect of registering an instrument under the registry system in Ontario?

  1. It guarantees title and extinguishes all prior claims.
  2. It serves as public notice of the instrument’s existence.
  3. It automatically transfers ownership rights.
  4. It nullifies competing registrations by default.

25. What is the significance of a mortgage being referred to as a “charge” in Ontario’s land titles system?

  1. It allows tenants to claim ownership after 10 years.
  2. It’s treated as an encumbrance, not a transfer of title.
  3. It grants the lender automatic title to the property.
  4. The borrower loses equitable ownership upon registration.

26. Under the Consumer Protection Act, 2002 (CPA), which of the following provisions CANNOT be waived or overridden by a contract?

  1. Delivery times agreed to verbally.
  2. Arbitration clauses that block court access.
  3. Terms relating to optional product add-ons.
  4. Discretionary refund periods set by the retailer.

27. What is the minimum cooling-off period provided under the CPA for certain agreements like direct sales or time shares?

  1. 3 days.
  2. 10 days.
  3. 7 days.
  4. 14 days.

28. What is the effect of a consumer cancelling an agreement under the CPA?

  1. The contract remains valid until a refund is processed.
  2. The consumer must pay a standardized cancellation penalty.
  3. The contract and all related agreements are treated as void from the outset.
  4. The consumer is barred from re-entering similar agreements for 90 days.

Case 1

Nadia is a paralegal student interning at a law office in Ontario. Her supervisor hands her several files involving disputes in consumer law, constitutional authority, and corporate structures. She wants to test her knowledge using hypothetical scenarios based on real legal frameworks.

Questions 29 to 30 refer to Case 1

29. Nadia is analyzing a legal challenge where an individual claimed that a provincial law violated the Canadian Charter of Rights and Freedoms. To assess whether the law is valid, which constitutional principle should she apply?

  1. Judicial independence.
  2. Responsible government.
  3. Pith and substance doctrine.
  4. Federal paramountcy.

30. Nadia encounters a business client who is both a general and limited partner in the same limited partnership. What is the significance of this dual status under Ontario’s Limited Partnerships Act?

  1. Liability is shielded by limited partner status.
  2. Liability is waived if control is not exercised.
  3. Unlimited liability still applies as a general partner.
  4. No partner duties apply in this dual role.