Civil Litigation Question Pack - Questions and Answers
Civil Litigation
1. A foreign administrator seeks to sue in Ontario on behalf of an estate based in Michigan. The foreign court granted letters of administration for estate assets located in the U.S. but not in Ontario. The claim relates to a commercial contract executed in Ontario.
Which of the following best reflects the Ontario court’s likely response?
A) Refuse standing unless Ontario probate is granted.
B) Permit the foreign administrator to sue under the Ancillary Proceedings Act.
C) Allow the action as the foreign grant provides sufficient jurisdiction.
D) Dismiss the action unless the foreign estate is recognized federally.
Correct Answer: A
Explanation: Under Ontario common law, a foreign administrator cannot sue in Ontario without obtaining Ontario probate or an equivalent local grant. The court lacks jurisdiction to recognize standing solely on a foreign administration certificate.
2. A plaintiff wishes to sue a Crown agency for negligence and seeks substantial damages. The lawyer reviews the applicable enabling legislation and discovers that it contains a provision limiting liability to $25,000 per claim. The client insists that they are entitled to more.
What is the correct legal assessment of this limitation?
A) The statutory limitation is unenforceable unless it has been expressly referenced or adopted into the Rules of Civil Procedure (the Rules) and applies uniformly to all actions.
B) Legislative caps on liability are enforceable unless unconstitutional or ambiguous.
C) The statutory limit applies only to personal injury claims and has no effect on claims for property damage, economic loss, or non-pecuniary harm.
D) The trial court will proceed to assess and award full damages, with the statutory limit being considered only at the enforcement stage, once judgment is final.
Correct Answer: B
Explanation: Statutory caps on liability are generally enforceable provided they are clear and authorized by enabling legislation. They may be challenged if unconstitutional, but otherwise apply even if the actual damages exceed the cap.
3. Harjit serves a statement of claim on the defendant five months and 27 days after it was issued but does not file the affidavit of service. More than seven months after issuance, he attempts to proceed to note the defendant in default. The defendant moves to dismiss for failure to serve the claim within the required timeframe.
What is the legal effect of failing to file the affidavit of service within six months?
A) The claim is a nullity and cannot be revived.
B) The claim remains valid because service occurred within six months.
C) The plaintiff must reissue the claim and pay a renewal fee.
D) The court must dismiss the proceeding as abandoned.
Correct Answer: B
Explanation: Under Rule 14.08(1), a statement of claim must be served within six months of issuance. If the claim is actually served within that period, failure to file the affidavit of service is a curable irregularity, not a fatal error. Rule 3.02 permits the court to cure such defects where there is no prejudice.
4. A legal clinic seeks intervener status in a Charter case involving youth detention conditions. The applicant represents no direct client but wishes to present data and policy arguments about systemic effects on vulnerable youth.
Which of the following will guide the court’s decision to grant them intervener status?
A) Interveners must be directly affected to have standing.
B) A friend of the court may be permitted where the submissions are useful and distinct.
C) The court will deny intervention unless the intervener is fully neutral.
D) Interveners are only permitted in public interest litigation.
Correct Answer: B
Explanation: Under Rule 13.02 and the reasoning in Joseph Groia v. Law Society of Upper Canada, courts may grant leave for a person to appear as a friend of the court if the submissions are useful and different from the parties’ and assist the court. Direct interest is not required.
5. Shannon, a sole proprietor of a real estate staging business, is sued for breach of contract. The plaintiff serves the originating process by delivering it to a person working at her place of business who appears to be in control. The worker is not Shannon. No additional notice is given to Shannon personally.
What is the legal status of this service?
A) The service is valid because delivery to someone appearing in control at the business satisfies personal service on a sole proprietor.
B) The service is invalid unless the individual who accepted service is proven to be an employee with specific authority to receive legal documents.
C) The service is invalid because sole proprietors must be personally served at their residence or in accordance with substituted service rules.
D) The service is valid only if Shannon later files a response or acknowledges receipt through a confirming affidavit or pleading.
Correct Answer: A
Explanation: Rule 16.02(1)(n) permits personal service on a sole proprietor by leaving the document with a person at the principal place of business who appears to be in control or management of that location. There is no requirement that the person be Shannon herself.
6. A lawyer is preparing a factum for an appeal involving a harassment and identity theft claim. The record includes credit card numbers, health information, and the parties’ full names. The lawyer includes all details in the filed factum.
Which of the following best reflects the lawyer’s obligations?
A) Sensitive information like medical records and account numbers should be excluded or redacted.
B) All facts must be included in full as part of the public record.
C) The lawyer must ensure that personal names and identifying facts appear together consistently to maintain narrative clarity.
D) The factum is protected by implied undertaking and does not require redaction.
Correct Answer: A
Explanation: Lawyers should avoid including personal data identifiers like SINs, medical records, or account numbers in factums. If included, a redacted version should be filed. This protects privacy and personal security, as endorsed by the Supreme Court of Canada.
7. Marcus serves a notice of withdrawal of an offer to settle one day before trial. The plaintiff obtains judgment less favourable than Marcus’s offer. Marcus requests cost consequences under Rule 49.10.
Is he entitled to them?
A) No, because the offer was withdrawn before trial.
B) Yes, because the plaintiff had sufficient opportunity to consider the offer.
C) No, unless the court exercises discretion under Rule 49.13.
D) Yes, because Rule 49.10 applies unless the offer is withdrawn in writing.
Correct Answer: C
Explanation: Because the offer was withdrawn before trial, Rule 49.10 cost consequences do not apply automatically. However, under Rule 49.13, the court retains discretion to consider the offer in awarding costs if the other party had a reasonable opportunity to consider it.
8. A law firm commences a negligence claim in the name of a partnership firm, “Wexford LLP.” One of the named partners, it turns out, is a minor. The defence raises a procedural objection that the action is a nullity because of the minor’s involvement.
What is the most likely outcome?
A) The action continues in the partnership’s name without a litigation guardian, since the minor is not a named party.
B) The court dismisses the proceeding unless a litigation guardian is appointed for the minor named in the registry.
C) The claim is procedurally invalid and must be recommenced with a corrected style of cause and proper parties.
D) The court appoints a litigation guardian retroactively and validate the action if leave is granted to continue.
Correct Answer: A
Explanation: Under Rule 8.01 and related provisions, if a partnership is registered, an action may be brought in the firm name, even if one of the partners is a minor. No litigation guardian is required in such circumstances unless the minor is named personally.
9. Rachel is sued for negligence after a multi-vehicle accident. She defends the claim and issues a third party claim against Trevor, alleging he caused the initial collision. The main action is discontinued against Rachel two months later. Trevor brings a motion to dismiss the third party claim.
What is the correct result under the Rules?
A) The third party claim remains active because Rachel’s claim for contribution or indemnity stands independently.
B) Rachel is required to commence a new proceeding if she wishes to continue her indemnity claim against Trevor.
C) Trevor must deliver a statement of defence in the third party action to avoid being noted in default.
D) The third party claim is automatically deemed dismissed thirty days after the main action ends, unless a court orders otherwise.
Correct Answer: D
Explanation: Under Rule 29.09, when the main action is discontinued or dismissed, the third party claim is deemed dismissed with costs after 30 days, unless the court orders otherwise. The claim must be converted to a separate action if the defendant wishes to preserve it.
10. Opposing counsel requests access to a laptop that contains both business records and personal photos and communications. The lawyer objects on the basis that producing the device would disclose highly personal and irrelevant material.
What is the most appropriate conclusion based on the Sedona Canada Principles and Rule 29?
A) The entire laptop must be disclosed to allow independent analysis.
B) A summary list of files must be produced, without producing the device.
C) The party must seek court guidance to balance privacy and discovery obligations.
D) No disclosure is required since the device includes private material.
Correct Answer: C
Explanation: In cases involving electronically stored information (ESI), courts apply the Sedona Canada Principles and proportionality under Rule 29.2. The court may order tailored production, redaction, or an independent review to protect privacy while enabling disclosure.
11. Sandra, a litigator, is contacted by an insurance adjuster who wishes to retain her on behalf of an insured party. Sandra begins acting without speaking directly to the insured. Later, it is revealed the insured never consented to her acting or providing instructions.
What is the legal risk Sandra faces?
A) None, because the insurer had apparent authority to retain counsel.
B) Sandra risks being held liable for breach of warranty of authority.
C) Sandra must simply withdraw once the issue is discovered.
D) The court can appoint a replacement lawyer.
Correct Answer: B
Explanation: A lawyer who acts without client authority may be liable for breach of warranty of authority, especially where the client has never consented to the retainer, even if an insurer or agent instructed counsel.
12. A third party seeks to intervene in an ongoing negligence trial just weeks before trial, arguing they may be liable under a contribution and indemnity theory. The trial judge is concerned about delay and prejudice.
What factor is the most important in the court's decision?
A) Whether the intervener has a common question of law with the parties.
B) Whether the applicant has retained counsel.
C) Whether allowing intervention would delay or prejudice the parties.
D) Whether the intervener has previously filed any pleadings.
Correct Answer: C
Explanation: Even if the intervener meets one of the criteria under Rule 13.01(1), the court must consider whether granting intervention would unduly delay or prejudice the existing proceeding. This is a key discretionary consideration under Rule 13.01(2).
13. In a Rule 76 trial in the Toronto Region, a discovery dispute arises. One side alleges that the other exceeded the three-hour limit by examining two witnesses separately for two hours each. The examining lawyer insists this was permitted due to the complexity of the case. The dispute is brought before a motions judge.
What outcome is most consistent with Rule 76 and local practice?
A) The judge may dismiss the motion if the extended discovery was reasonable in light of the issues involved.
B) The judge may grant leave in rare cases, but oral argument is capped at thirty minutes per party.
C) The judge may uphold the discovery if both parties agreed to exceed the three-hour combined limit.
D) The judge may allow three hours per witness as long as no objection was raised during discovery.
Correct Answer: B
Explanation: Rule 76.04(2) imposes a strict 3-hour total limit per party for all oral discovery. The Toronto Region practice direction allows 30-minute discovery motions, with leave required for more time
14. A law firm posts a summary of a recent privacy complaint decision involving its client on its website. The summary includes the complainant’s name, contact details, and excerpts from the complaint. The firm believes this information is part of the public record.
Which of the following is most accurate under PIPEDA?
A) The law firm may disclose any content once it is filed in a proceeding.
B) The firm may publish only what appears in a judicial or quasi-judicial record.
C) Once a matter is closed, all documents become part of the public record.
D) Privacy Commissioner reports are always deemed judicial records.
Correct Answer: B
Explanation: Under the Regulations Specifying Publicly Available Information (SOR/2001-7), only information in a judicial or quasi-judicial record may be disclosed without consent. Privacy Commissioner reports are not judicial records, so personal details should be anonymized before publication.
15. The directors of a closely held corporation resolve to sue a former employee for breach of fiduciary duty. The shareholders are divided, and a minority group opposes the litigation. The directors proceed to file a claim in the corporation’s name without shareholder approval.
Which of the following is most accurate?
A) The action is improper without majority shareholder approval.
B) The directors require leave of court under s. 246 of the OBCA.
C) Directors may sue in the corporation’s name without shareholder consent.
D) The shareholders may remove the directors under Rule 9.03.
Correct Answer: C
Explanation: Directors have prima facie authority to bring actions in the corporation’s name without shareholder approval, unless the corporation resolves otherwise. Shareholders cannot pre-emptively block directors from enforcing corporate rights unless statutory remedies (e.g., oppression or derivative actions) are invoked.
16. The plaintiff wins $185,000 after a five-day Rule 76 trial. The case was originally filed under the ordinary procedure and later amended to simplified procedure after discovery. The court finds that the switch saved significant time and costs for both parties. The defendant seeks substantial indemnity costs based on the timing of the amendment.
What cost rule applies?
A) The plaintiff is not entitled to costs because the action was first commenced outside the simplified procedure.
B) The plaintiff must pay the defendant’s earlier costs unless the court exercises discretion to order otherwise.
C) The court must award full costs to the defendant under the Rule 49 cost-shifting mechanism for rejected offers.
D) The procedural change has no cost impact because the final award falls below the $200,000 monetary threshold.
Correct Answer: B
Explanation: Rule 76.13(1) imposes a cost penalty on the amending party who moves the case into Rule 76 late. The amending party must pay substantial indemnity costs for expenses that could have been avoided had the case started under Rule 76.
17. In an affidavit of documents, a law firm lists documents obtained from a private investigator hired during litigation. The documents include unredacted surveillance logs and raw video footage containing unrelated individuals.
What should counsel do to comply with privacy obligations under PIPEDA?
A) Serve the full surveillance package without edits, as all surveillance is presumptively relevant and must be disclosed.
B) Disclose the materials with redactions made to remove unrelated personal data about third parties not involved.
C) Withhold the entire surveillance file on the basis that disclosure would breach privacy rights under PIPEDA.
D) Condition any disclosure of the video on the opposing party signing a formal confidentiality undertaking first.
Correct Answer: B
Explanation: Lawyers must ensure that only as much personal information as necessary is disclosed. Irrelevant personal data, especially of unrelated third parties, should be redacted or de-identified in accordance with PIPEDA’s minimal disclosure principle.
18. Andre files a statement of defence and counterclaim against the plaintiff, Maxine, and includes his friend Joshua as a co-counter claimant, even though Joshua was not a party to the action. The registrar rejects the filing. Andre argues that the counterclaim is valid.
Which aspect of pleading structure governs this situation?
A) A counterclaim must not include any co-claimant who is not already named as a party in the main action.
B) The registrar may accept the pleading if it complies with the prescribed form under the Rules.
C) A court may permit a co-counterclaimant where the added person is closely connected to the subject matter.
D) A person must first be added to the proceeding by court order before being named as a co-counterclaimant.
Correct Answer: C
Explanation: Though rare, courts have permitted co-counter claimants under Rule 27.01 where the added person is closely linked to the facts and proper to the counterclaim. This is a judicial discretion that overrides normal pleading structure in appropriate cases.
19. A plaintiff is unable to locate a tort defendant for personal service but learns the identity of the defendant’s insurer. The plaintiff brings a motion under Rule 16.04 for substituted service on the insurer, arguing that the claim is urgent and further attempts would delay proceedings.
What must the court be satisfied of to grant substituted service?
A) That service on the insurer would be more practical and efficient than attempting personal service again.
B) That the proposed method carries a reasonable possibility of bringing the claim to the defendant’s attention.
C) That the plaintiff has tried every available service method listed under Rule 16.03 without success.
D) That the insurer has expressly consented to receive legal documents on behalf of the named defendant.
Correct Answer: B
Explanation: Rule 16.04 requires that substituted service will be granted only if prompt service is impractical, and the proposed method carries a reasonable possibility of bringing the document to the person’s notice. Service on an insurer is accepted if it meets this threshold.
20. A litigation guardian acting for a minor agrees to a settlement prior to commencing a lawsuit. The parties draft the terms and seek judicial approval by way of application. The applicant lawyer files a notice of application and accompanying affidavits but neglects to include any reference to the statutory or rule-based authority in the notice.
What are the potential consequences of this omission?
A) The application is a nullity and must be restarted from the beginning with corrected statutory references.
B) The court may strike the application on the basis of lack of jurisdiction.
C) The matter must proceed as an originating action because the notice of application is procedurally flawed.
D) The court may permit an amendment to the notice to insert the required statutory authority before hearing.
Correct Answer: D
Explanation: Rule 14.06(3) requires a notice of application to state the grounds and statutory provisions relied on. However, this is a procedural requirement, and courts routinely allow amendment to correct the omission where no prejudice arises.
21. During a Rule 76 trial, both sides rely on expert evidence. The plaintiff serves an expert report 65 days before trial but does not attach the expert’s affidavit adopting the report. The defendant objects to its admissibility. The plaintiff argues that the expert will testify in person.
What should the court do?
A) Exclude the report as inadmissible without the adopting affidavit.
B) Allow the report as long as the expert is cross-examined.
C) Admit the report with leave of the court.
D) Defer the issue to post-trial costs submissions.
Correct Answer: A
Explanation: Under Rule 76.09.1(2), an expert report must be attached to an affidavit in which the expert adopts it for use at trial. Failure to do so renders the report inadmissible, regardless of live testimony plans.
22. During a mediation session, opposing counsel refers to medical records disclosed in discovery for an unrelated proceeding. The plaintiff objects, stating that discovery materials cannot be reused in other contexts.
Which rule is most relevant?
A) Rule 29.1 permits reuse of discovery documents between proceedings if the documents are material and the party disclosing them is the same in both actions.
B) Rule 20.04 allows reference to prior litigation materials during pre-trial discussions where credibility or damages overlap, even if obtained through another discovery process.
C) The Deemed Undertaking Rule limits the use of discovery evidence strictly to the proceeding in which it was produced, including mediation and settlement discussions.
D) The Open Court Principle protects the public’s right to access court materials and allows parties to rely on such documents outside the original proceeding unless sealed.
Correct Answer: C
Explanation: The Deemed Undertaking Rule provides that information disclosed in discovery may only be used for the proceeding in which it was obtained. Reuse in mediation or other litigation breaches this protection, which aligns with PIPEDA’s use limitation principles.
23. A lawyer issues a statement of claim on behalf of a 16-year-old plaintiff who was injured during a school trip. Although the litigation guardian signed the retainer and gave instructions, their name was mistakenly omitted from the title of proceeding. The defendant files a motion to strike the claim on the basis that it is improperly constituted.
What is the most likely outcome of this motion?
A) The court will strike the action and require recommencement.
B) The Office of the Children’s Lawyer intervenes before any further steps.
C) The court will allow an amendment to correct the style of cause.
D) The limitation period is reset when the style of cause is corrected.
Correct Answer: C
Explanation: The omission of a litigation guardian’s name in the style of cause is a procedural irregularity. Rule 2.01 gives the court discretion to allow amendments to correct such errors. Provided no prejudice is caused, the court will not strike the action on that basis.
24. During litigation arising out of a construction project, the defendant files a counterclaim not only against the plaintiff, but also against a subcontractor who was not previously a party to the action. The defendant serves the subcontractor with the counterclaim but does not issue a new originating process. The subcontractor appears solely to challenge jurisdiction.
What is the effect of the defendant’s failure to issue a new originating process?
A) The subcontractor is presumed to have accepted the court’s jurisdiction by appearing in the proceeding to dispute the claim rather than ignoring the pleading entirely.
B) The court retains discretion to permit the counterclaim to proceed if the subcontractor had actual notice and there is no resulting prejudice to procedural fairness.
C) The counterclaim cannot proceed against the subcontractor because the court lacks jurisdiction in the absence of an originating process as required by the Rules.
D) The defendant was entitled to add the subcontractor through a counterclaim without a separate originating document, provided that the subcontractor was properly served and responded.
Correct Answer: C
Explanation: Under Rule 14.01(2) and Rule 27.03, a counterclaim against a person who is not already a party to the main action must be commenced by way of originating process. Serving a pleading without issuance does not vest the court with jurisdiction over the new party, regardless of whether they respond.
25. During an application seeking direction on trust administration under Rule 14.05(3)(a), the applicant files the notice of application with supporting affidavits but fails to serve the application on one of the interested beneficiaries, whom the applicant believed to be unreachable. The beneficiary later learns of the application and challenges its validity.
What should the judge do under the Rules?
A) The judge should adjourn the matter and direct service on the unserved person.
B) The judge should dismiss the entire application with costs.
C) The judge should declare the proceeding a nullity.
D) The judge should permit the matter to proceed and deem service complete.
Correct Answer: A
Explanation: Rule 38.06(2) empowers a judge to adjourn an application and direct that it be served on a person who should have received notice. This ensures procedural fairness while preserving the proceeding’s validity.
26. At a pre-trial motion in a civil proceeding, the defendant asks the associate judge to vary a previous order made by a Superior Court judge. The associate judge expresses concern but is unsure whether they can proceed.
Which of the following is the most accurate statement of the law?
A) Associate judges may vary orders made by judges, provided both parties agree.
B) Associate judges may only do so with permission from the regional senior judge.
C) Associate judges lack jurisdiction to vary or set aside a judge’s order.
D) The request should be submitted to a registrar instead.
Correct Answer: C
Explanation: Associate judges do not have jurisdiction to vary or set aside an order of a judge. Rule 37.02(2) clearly reserves that power to judges of the Superior Court of Justice.
27. A public interest group brings an application for judicial review of a regulation that restricts the use of facial recognition technology. The notice of application is properly served and supported by affidavits, but it does not cite the statutory or regulatory provision under which the relief is sought. The Attorney General argues the court lacks jurisdiction due to this omission.
How is the court likely to respond?
A) Dismiss the application for lack of jurisdiction.
B) Adjourn the hearing to allow the applicant to re-serve a corrected notice.
C) Convert the application into an action under Rule 38.09.
D) Permit the applicant to amend the notice to include the correct provision.
Correct Answer: D
Explanation: Rule 14.06(3) requires that a notice of application state the rule or statute under which it is brought. However, failure to include this information is not fatal. The court has discretion to allow amendment, especially where the omission does not prejudice the respondent.
28. Shane is a self-represented litigant against whom a vexatious litigant order was issued under section 140 of the Courts of Justice Act. He wishes to commence a new proceeding involving access to his financial records held by a third-party trustee. He prepares a notice of application and files it with the registrar, naming the trustee as the respondent. He does not serve the Attorney General of Ontario.
Which of the following is procedurally required for this type of application?
A) The trustee must be served, but there is no requirement to serve the Attorney General.
B) The application must be heard in open court, on an oral hearing before a judge.
C) The Attorney General must be served with the notice of application.
D) The application must be commenced by motion.
Correct Answer: C
Explanation: Rule 38.13 governs applications under section 140(3) of the Courts of Justice Act and requires service on the Attorney General of Ontario. These applications are generally heard in writing, unless the court orders otherwise.
29. An action is commenced in Ontario, a jurisdiction where neither party resides and where none of the events in dispute occurred. The defendant seeks to stay the proceeding for improper venue, arguing that the action is an abuse of process.
What is the appropriate test the court will apply in considering whether to stay the proceeding?
A) Whether the plaintiff is acting in bad faith.
B) Whether the venue is within the administrative region where the cause of action arose.
C) Whether Ontario is forum conveniens.
D) Whether the proceeding in that venue amounts to vexatious litigation.
Correct Answer: C
Explanation: The court will apply the forum conveniens test to determine whether the jurisdiction chosen is appropriate. The proceeding may be stayed if there is a clearly more appropriate forum, considering fairness, convenience, and connection to the dispute.
30. Stephanie brings a motion for summary judgment and files her motion record, transcript extracts, and factum eight days before the hearing. The responding party files a factum and reply affidavit three days before the hearing. Stephanie moves to strike the reply materials as untimely.
How should the court proceed in dealing with the responding party’s materials?
A) The reply affidavit is not admissible because it was submitted without permission.
B) The reply affidavit is acceptable since summary judgment motions fall under Rule 20.
C) The factum is not valid because it was served fewer than seven days before the hearing.
D) The responding party’s materials are late may be excluded.
Correct Answer: (D)
Explanation: Rule 37.10(3) requires the responding party’s motion record and factum to be served and filed at least four days before the motion. Filing three days before renders the material late, and the court has discretion to exclude it or adjourn the motion.
31. Marcus, a new call, is asked by his principal to advise a potential plaintiff about whether to proceed in Small Claims Court or Superior Court. The client’s claim is for $34,500 in unpaid invoices and $8,000 in legal costs expected to be recoverable if successful. The client insists on using Small Claims Court to save time.
How should Marcus advise the client?
A) The claim should be filed in Small Claims Court, but only after expressly relinquishing the portion that would otherwise place the claim above the jurisdictional limit.
B) The claim must proceed in Superior Court because the projected recovery, including legal costs, places the matter beyond the monetary limit of the lower court.
C) The client may proceed in Small Claims Court because legal costs are part of procedural recovery and do not count toward the jurisdictional threshold.
D) The matter belongs in Divisional Court, which hears claims that fall above the monetary limit of the Small Claims Court but below the upper civil litigation threshold.
Correct Answer: C
Explanation: The Small Claims Court limit is $35,000, excluding interest and costs. The plaintiff must abandon any portion above the jurisdictional limit to proceed in Small Claims Court, but legal costs are not included in the claim amount for jurisdictional purposes, so the client may proceed in Small Claims Court with the claim amount of $34,500.
32. In a land possession dispute, three individuals jointly hold legal title to the disputed parcel. Only one files an action for possession against the trespassing party. The defendant challenges the action on procedural grounds, arguing the action is incomplete.
How can the court respond?
A) The court may allow the claim to proceed on behalf of the filing plaintiff alone and award relief proportional to that party’s legal entitlement.
B) The action must be dismissed entirely because all persons with a joint interest were required to bring the claim together from the outset.
C) The plaintiff may be granted leave to refile the action once all co-owners have been named as parties to the proceeding in the proper capacity.
D) The court must strike the claim without prejudice and advise the plaintiff to commence a fresh action with the correct group of claimants.
Correct Answer: A
Explanation: While all persons with the right to immediate possession should be joined under Rule 5.03(2), Rule 5.04(1) allows the court to proceed and award proportionate damages to the interest of the party who brought the claim alone.
33. A group of related parties intends to bring multiple lawsuits arising from a common set of facts involving environmental contamination. Their lawyer considers whether to issue separate claims or consolidate into a single proceeding.
What factor is most relevant to the strategic decision about consolidation?
A) Whether the claims are exactly identical in law and fact.
B) Whether consolidation will avoid unnecessary duplication, delay, and expense.
C) Whether the Superior Court has exclusive jurisdiction over environmental matters.
D) Whether the parties reside in the same judicial region.
Correct Answer: B
Explanation: Consolidation under Rule 6.01 is appropriate where it will prevent duplication, avoid delay, and improve judicial economy. The court has discretion to consolidate or hear matters together even if the claims are not identical.
34. On the third day of trial in a Rule 76 simplified action, Damien seeks to call a co-worker of the plaintiff who witnessed a critical event but was not previously disclosed in Damien’s affidavit of documents. Damien claims he only learned of the witness last week, during informal conversations with another employee. The plaintiff objects and seeks to exclude the testimony entirely.
What is the most accurate legal outcome?
A) The court must exclude the witness because the trial has started and disclosure was not properly made in advance.
B) The court must permit testimony under the principled exception to Rule 76.
C) The witness may be heard as a rebuttal witness regardless of whether the disclosure occurred before trial began.
D) The court may allow the witness only if Damien proves no prejudice and offers to adjourn.
Correct Answer: D
Explanation: Rule 76.03(3) bars parties from calling undisclosed witnesses except with leave. Courts may grant leave where there is no prejudice and an adjournment can mitigate any unfairness. Timing, reason for the omission, and trial stage matter.
35. After receiving a detailed statement of defence that includes a previously unpleaded condition precedent, Naomi (the plaintiff) delivers a reply that repeats her earlier allegations and denies the new defence generally. The defence relates to a statutory notice requirement under a municipal by-law. At trial, the defence argues that Naomi should be barred from recovery due to non-compliance with the notice requirement. Naomi argues the issue was never properly raised.
Which party is on stronger legal footing?
A) Naomi, because she was not required to anticipate the defence in her claim.
B) The defence, because the condition precedent was implicitly part of the pleadings.
C) The defence, because the reply failed to plead mitigation.
D) Naomi, because the defendant raised the issue too late to rely on it.
Correct Answer: A
Explanation: Under Rule 25.06(3), a plaintiff is not required to plead the occurrence of a condition precedent. It is assumed unless denied. The defendant must specifically plead non-performance if they intend to rely on it. A general reply from Naomi does not change this—the burden lies on the defendant to raise the issue properly in their pleading.
36. Nadia, a mediator in a private construction arbitration, is also a licensed engineer and has worked with the builder on past projects. During the third session, the opposing party learns this fact and objects to her continued role. Nadia apologizes and offers to recuse herself unless both parties consent to her continuing. The objecting party demands her removal.
Under the Arbitration Act, what applies?
A) Nadia must step down only if both parties formally request her removal and agree on a replacement.
B) Nadia may continue to act as mediator unless the objecting party can demonstrate actual bias affecting the outcome.
C) Nadia may be required to step down if a party challenges her for reasonable apprehension of bias and the challenge is upheld by the arbitral tribunal or a court.
D) An arbitrator who has been accepted by the parties cannot be removed once hearings have commenced unless misconduct is proven.
Correct Answer: C
Explanation: Section 13(1) of the Arbitration Act, 1991 allows an arbitrator to be challenged for reasonable apprehension of bias or failure to meet agreed qualifications. Her prior work creates a perception of partiality, requiring her to step down unless both parties consent.
37. Anthony represents a plaintiff in a commercial lawsuit. Midway through discovery, the plaintiff unexpectedly dies. Anthony continues to prepare for trial without notifying the court or opposing counsel, believing he can transfer instructions to the estate once probate is granted.
What should Anthony have done?
A) Continue litigation until a formal notice of death is served.
B) Cease acting until authorized by the estate’s legal representative.
C) Immediately withdraw as counsel and close the file.
D) File a motion to have the deceased’s spouse substituted as plaintiff.
Correct Answer: B
Explanation: Once a client dies, they no longer “exist” in law. The lawyer must cease acting unless and until the estate, through a legal representative, formally authorizes continuation. Proceeding without this risks acting without authority.
38. Tina and Karim enter mediation in a high-conflict employment dispute. The mediation occurs in person at the mediator’s office. Karim’s insurer sends an adjuster with no settlement authority but reachable by phone. During the session, it becomes apparent that approval is required from a corporate head office overseas, which is closed due to time zones. The mediation ends without progress. Tina files a certificate of non-compliance and seeks consequences under Rule 24.1.13.
What is the most accurate outcome?
A) No remedy is available since the insurer sent a representative and had phone access.
B) The insurer’s representative satisfied attendance requirements, so no violation occurred.
C) A certificate of non-compliance must first be validated by the coordinator before sanctions apply.
D) The court may strike Karim’s defence for failure to comply.
Correct Answer: D
Explanation: Rule 24.1.11(2) mandates that parties must have authority to settle, or immediate phone access to someone who does. Where authority cannot be reached, it's a breach of the Rule. Sanctions, including striking a defence, are available under Rule 24.1.13.
39. On the final day before the expiration of a two-year limitation period, a personal injury lawyer issues a notice of action on behalf of their client. Due to an administrative oversight, the full statement of claim is not filed until 31 days later. The defendant moves to dismiss the action on procedural grounds.
What is the consequence of failing to file the statement of claim within the prescribed time?
A) The proceeding is invalid unless the court exercises its discretion to cure the delay.
B) The statement of claim may be accepted upon motion to abridge time.
C) The proceeding remains valid if served within 60 days of issuance.
D) The statement of claim restarts the limitation clock.
Correct Answer: A
Explanation: Rule 14.03(3) requires that a statement of claim be filed within 30 days of issuing a notice of action. Failure to comply renders the proceeding a nullity unless the plaintiff obtains discretionary relief from the court. Timely filing is mandatory, and courts have consistently enforced strict compliance.
40. Gabrielle, a francophone litigant, initiates an action in English. Five days before her Superior Court hearing, she notifies the court that she wants the matter to proceed in French. The opposing party objects, arguing it is too late to make the change.
What is the most accurate legal conclusion?
A) Gabrielle has a statutory right to a French-language hearing at any stage of the proceeding, and the court must accommodate the request regardless of timing.
B) Gabrielle has no right to a French hearing because she initiated the action in English.
C) Gabrielle must bring a motion for the court to approve French proceedings because her request was made fewer than 7 days before the hearing.
D) The judge must postpone the hearing to allow French-language accommodations to be made.
Correct Answer: C
Explanation: Under O. Reg. 53/01, a party may have their matter conducted in French. However, if the request is made less than 7 days before the hearing, the party must bring a motion. There is no automatic right to accommodation when timelines are not followed
41. A company assigns its receivables to a factoring agency. The factoring agency commences a lawsuit in its own name against several clients with unpaid invoices. The defendant challenges standing, arguing the assignor is not named in the action.
Which of the following statements is most correct?
A) The assignor must always be joined to a claim commenced by an assignee.
B) The action is valid if the assignment is absolute and notice was given.
C) Joinder of the assignor is irrelevant in actions by an assignee.
D) The assignee must seek the court’s permission to sue without the assignor.
Correct Answer: B
Explanation: Under Rule 5.03(3), the assignor must be joined unless the assignment is absolute and not by way of charge only, and written notice has been provided to the debtor. Both conditions must be met to proceed without the assignor.
42. A minor plaintiff settles a claim through litigation and the parties agree on terms outside of court. The defendant prepares to pay the settlement funds directly to the litigation guardian. No court motion is brought for approval.
What is the legal status of this settlement?
A) Binding upon the minor due to guardian consent.
B) Binding only if ratified by the minor upon reaching majority.
C) Not binding without court approval under Rule 7.08.
D) Valid unless the Public Guardian and Trustee objects.
Correct Answer: C
Explanation: Under Rule 7.08(1), no settlement involving a party under disability is binding unless it is approved by a judge. The purpose is to ensure fairness and protection. Without court approval, the settlement is unenforceable, even if agreed upon.
43. Vera sues for breach of contract and claims $80,000 in damages. The defendant delivers a statement of defence denying all allegations. Vera moves for summary judgment under Rule 20. She submits an affidavit attaching signed invoices and confirming non-payment. The defendant files no evidence, relying solely on a general denial.
What is the court most likely to do?
A) Dismiss the motion because issues of credibility cannot be resolved on a summary judgment motion.
B) Dismiss the motion because a general denial in a defence requires a trial.
C) Grant partial summary judgment and order a mini-trial.
D) Grant summary judgment because there is no genuine issue requiring a trial.
Correct Answer: D
Explanation: Under Rule 20.04(2), summary judgment must be granted if there is no genuine issue requiring a trial. The responding party cannot rest on denials, they must file evidence under Rule 20.02(2). Here, Vera’s affidavit is unchallenged, and the denial is legally insufficient.
44. Counsel for a large litigation firm files a motion in the Toronto Region, believing local practices are identical across Ontario. However, the motion is rejected due to a procedural rule specific to Toronto. The lawyer complains that this is unfair and seeks clarification on the court's regional differences.
Which of the following is the most accurate?
A) All judicial regions in Ontario are bound by a single uniform set of Rules of Civil Procedure and practice requirements, and any local variation requires approval from the Attorney General.
B) Local differences are allowed, but only in rural areas.
C) Procedural variations are permitted only in the Court of Appeal for Ontario, which operates independently of the Superior Court’s regional structure and publishes its own hearing protocols.
D) Ontario is divided into eight judicial regions, and regional differences in scheduling and practice directions are valid.
Correct Answer: D
Explanation: Ontario is divided into eight administrative regions, and local practices differ by region. These are guided by bench and bar committees, and counsel are expected to be familiar with local rules when appearing outside their home region.
45. Following a motor vehicle accident, a 20-year-old plaintiff suffers a traumatic brain injury and is diagnosed with diminished capacity. He retains a lawyer and instructs counsel to sue, but exhibits erratic and inconsistent behaviour. The lawyer is unsure if the client is legally capable of instructing.
What is the lawyer’s best course of action?
A) Bring a motion to have the court appoint a representative to make decisions on the client’s behalf during the litigation.
B) Decline to take further steps until an independent capacity assessment is completed by a qualified medical professional.
C) Accept the client’s instructions and proceed unless a court has issued a formal declaration of legal incapacity.
D) Ask the court for permission to serve as both counsel and legal representative for the client given the unusual circumstances.
Correct Answer: A
Explanation: If a party is mentally incapable, a litigation guardian must be appointed under Rule 7.03. The lawyer has a duty to assess whether the client can understand and appreciate the legal process. Continuing without such an appointment risks invalidity of proceedings.
46. David files a third party claim against a subcontractor ten days after serving his defence in the main action, but fails to serve the subcontractor with any of the main action pleadings. The subcontractor later appears at trial and argues the claim is invalid because proper documents were not served within the time limit under Rule 29.
Which of the following best reflects the likely court outcome?
A) The court strikes the third party claim for procedural noncompliance.
B) The subcontractor was obligated to request pleadings directly if they wanted to defend.
C) The court validates the claim if the omission did not cause prejudice.
D) The third party claim remains valid because it was issued within 10 days.
Correct Answer: C
Explanation: Under Rule 29.02(2), a third party claim must be served within 30 days of issuance, along with all pleadings previously served in the main action. Failure to comply may result in striking the claim, but the court may excuse noncompliance if no prejudice results and the interests of justice favour allowing the claim to proceed.
47. Counsel for a defendant requests access to emails between the plaintiff and their legal counsel, claiming they contain the plaintiff’s personal information relevant to damages. The plaintiff refuses to produce them, asserting solicitor-client privilege.
How should the request be resolved?
A) The emails must be produced under PIPEDA’s access rights.
B) The plaintiff may be compelled to produce them if they are relevant to quantum.
C) Solicitor-client privilege protects the emails, and they are not producible.
D) The court must review the emails in camera to assess their contents.
Correct Answer: C
Explanation: Under PIPEDA s. 9(3)(a), solicitor-client privileged records are exempt from disclosure, and the Privacy Commissioner cannot compel their production. Privileged communications remain protected regardless of personal information content.
48. Ravi, a litigation lawyer, files an affidavit in support of his client’s motion to strike an expert report. He also appears at the hearing to argue the motion. The opposing counsel objects, stating this is improper and prejudicial.
What is the most likely outcome?
A) The court will permit it because affidavits from counsel are common in procedural motions.
B) The affidavit is inadmissible due to conflict with Rule 39.01(1).
C) The lawyer cannot argue a motion supported by their own affidavit.
D) The objection will be overruled if the lawyer restricts arguments to law, not fact.
Correct Answer: C
Explanation: Under Rule 4.06 and s. 5.2 of the Rules of Professional Conduct, a lawyer must not act as both advocate and witness. The court discourages counsel from arguing motions supported by their own affidavits because it creates an ethical and evidentiary conflict.
49. A personal injury claim is commenced by the litigation guardian of a minor, who is the sole plaintiff. The defendant requests that the guardian be examined for discovery in place of the minor. The litigation guardian objects, citing lack of personal knowledge of the events.
How should the court respond?
A) Deny the request because a person acting on behalf of a party cannot be examined unless they were directly involved in the events.
B) Allow the examination since the guardian represents the party and is treated as the appropriate person to be questioned during discovery.
C) Require the minor to testify directly if the court determines they are competent to provide meaningful evidence under oath.
D) Allow discovery of the guardian only where it can be shown that they witnessed the underlying facts relevant to the proceeding.
Correct Answer: B
Explanation: Under Rule 31.03(5)(a), the litigation guardian may be examined in place of the party under disability, regardless of personal knowledge, since the guardian speaks for the party. The Rules recognize this substitution as necessary for fairness in discovery.
50. As part of trial preparation, Maya reviews the defendant’s examination for discovery. In response to a question about knowledge of a dangerous condition, the defendant’s corporate rep stated under oath, “Yes, we were aware of the leak two months before the accident.” The defendant is not scheduled to testify at trial, and defence counsel argues that discovery cannot substitute for direct evidence. Maya intends to read this admission into the trial record.
Is Maya permitted to do so?
A) No, discovery admissions are hearsay unless the deponent testifies.
B) Yes, under Rule 31.11(1), this is an adverse party’s binding admission.
C) No, unless the admission was confirmed in a Rule 50 pre-trial.
D) Yes, but only if the deponent is cross-examined under subpoena.
Correct Answer: B
Explanation: Rule 31.11(1) allows a party to read in any part of an opposing party’s discovery transcript as evidence, so long as it is otherwise admissible. No live testimony is needed. It's considered an admission from an adverse party.
51. In a mortgage enforcement proceeding, a lender seeks to add a party to the reference. The lender mistakenly uses Form 14A instead of the prescribed Form 64N for such proceedings. The registrar refuses to accept the filing and returns the materials. The lender asks the court to override the registrar’s decision.
What is the appropriate course of action?
A) Refile the document using the required Form 64N.
B) File a motion for leave to use Form 14A in exceptional circumstances.
C) Serve the rejected Form 14A and proceed regardless.
D) Appeal the registrar’s decision to the Divisional Court.
Correct Answer: A
Explanation: Certain types of proceedings, such as mortgage enforcement references require the use of prescribed forms. In these matters, Form 64N must be used to add parties. Filing Form 14A is a procedural defect, and the registrar was correct to refuse it.
52. Gabriel participates in a mandatory mediation in Ottawa. He attends with his lawyer but refuses to disclose his settlement position and offers no meaningful participation. His lawyer delivers a generic 1-page statement of issues 48 hours before the session. The other party files a complaint, arguing bad faith.
What remedies are available to the court under Rule 24.1?
A) None; mediation participation is voluntary, and there is no remedy for bad faith.
B) The judge may impose sanctions only if no party attends.
C) The court may strike pleadings, impose costs, or schedule a case conference.
D) The mediator must adjourn the session and report misconduct to the LSUC.
Correct Answer: C
Explanation: Rule 24.1.13(2) allows the court to respond to non-compliance with timely filings or meaningful attendance by striking documents, imposing costs, scheduling a Rule 50.13 case conference, or making any just order.
53. Marion represents a corporation in a construction dispute. She receives instructions from the VP of operations, who regularly gives directions in litigation. The opposing party challenges Marion’s authority to act, stating that there is no board resolution authorizing the litigation.
Which of the following is most accurate regarding Marion’s authority?
A) Counsel’s authority to act is contingent on formal approval from the board, regardless of whether the officer providing instructions has operational responsibility.
B) A corporate representative must obtain explicit authorization from the directors when initiating proceedings, particularly where no record of delegation is produced.
C) Instructions provided by an officer with apparent authority may be sufficient where the dispute arises within the scope of the corporation’s routine commercial activities.
D) Legal representation initiated without formal authorization may be challenged as irregular unless corporate approval procedures are clearly followed and documented.
Correct Answer: C
Explanation: Where litigation is in the ordinary course of the corporation’s business, a lawyer may accept instructions from an authorized officer or employee. A board resolution is not always required.
54. Megan files a motion to amend a pleading in Toronto. The motion is procedural and within an associate judge’s jurisdiction. She addresses the motion “To the Honourable Superior Court of Justice.” The associate judge declines to hear it on jurisdictional grounds.
What error most likely occurred?
A) The notice of motion did not indicate the proper forum.
B) The motion was improperly served.
C) The associate judge lacked jurisdiction to hear procedural motions.
D) The motion was filed outside the seven-day time frame.
Correct Answer: A
Explanation: Rule 37.04 requires a motion to be made to the correct judicial official — “the court” includes associate judges when the matter is within their jurisdiction. The first paragraph of the notice of motion must identify whether the motion is to a judge or associate judge. Misidentifying the forum can render the motion procedurally defective.
55. During discovery in a contract dispute, Leanne redacts sections of an email string between her and a third-party consultant, citing irrelevance and commercial sensitivity. The opposing party challenges the redactions.
Which rule governs, and which statement about the law is most accurate??
A) Rule 30.04(5); the court may inspect the document and order unredacted disclosure if confidentiality is not justified.
B) Rule 30.09; redactions are always allowed if marked clearly.
C) Rule 31.06; discovery testimony must match redacted documents.
D) Rule 30.01(1) provides that once a document is listed in a party’s affidavit of documents, it is deemed fully produced in unredacted form, and any subsequent alteration violates the rule.
Correct Answer: A
Explanation: Under Rule 30.04(5) and (6), the court can inspect a redacted document to assess privilege or confidentiality claims. Redactions for mere irrelevance without confidentiality concerns are not sufficient to justify withholding content.
56. A client instructs his lawyer, Priya, to commence a civil suit against a former business partner. During their initial meeting, the client mentions they would prefer to resolve things amicably if possible but gives permission to issue a claim. Priya issues the claim and proceeds with aggressive litigation. At no point does she explain the cost, time, or steps involved in civil litigation.
Which of the following duties did Priya fail to fulfill?
A) The obligation to assess the viability of the action based on factual and legal considerations before commencing proceedings.
B) The obligation to provide sufficient information about procedural options and potential consequences before initiating litigation.
C) The obligation to seek express approval from the client before taking each material step in the course of the litigation process.
D) The obligation to refrain from acting in a way that places her own judgment ahead of the client’s interests or creates divided loyalties.
Correct Answer: B
Explanation: A lawyer must communicate the nature, cost, and structure of the litigation process, and must discuss settlement and ADR options before and during litigation. Failing to do so violates the client communication standard.
57. A lawyer plans to commence a civil proceeding involving a constitutional challenge to legislation affecting property rights. Before issuing the claim, the lawyer considers whether special procedural steps are required to preserve the validity of the constitutional question.
What is the lawyer required to do under the Rules of Civil Procedure?
A) Serve a copy of the pleading on the Attorney General of Ontario only, as property rights fall under provincial jurisdiction and the federal Attorney General has no standing.
B) Serve a Form 4F notice on both the Attorney General of Ontario and the Attorney General of Canada at least 15 days before the hearing.
C) Bring a preliminary motion seeking a declaration of unconstitutionality before filing a Statement of Claim, as constitutional remedies cannot be raised in ordinary pleadings.
D) Commence the proceeding directly in the Court of Appeal for Ontario, since lower courts do not have jurisdiction to strike down legislation on constitutional grounds.
Correct Answer: B
Explanation: Under Rule 33.02, when a constitutional question is raised, a party must serve a Form 4F notice on the Attorney Generals of Ontario and Canada, and file proof of service at least 15 days before the hearing. Failure to comply may invalidate the proceeding.
58. On the morning trial is set to begin, plaintiff’s counsel brings a motion under Rule 26 to amend the statement of claim by adding a new cause of action based on facts admitted by the defendant in discovery months earlier. The motion had not been brought previously due to oversight. The new claim could arguably support higher damages, and the trial judge is told that the plaintiff intends to call an additional witness on the new issue. The defence argues that its trial strategy would need to change and that it would likely need to retain an expert to respond, causing delay and expense.
How should the judge address the request?
A) Refuse the amendment because accommodating the new claim would disrupt trial preparation and undermine procedural fairness to the defence.
B) Allow the amendment only if the plaintiff immediately discloses all anticipated evidence and the defence is provided a reasonable opportunity to respond.
C) Deny the amendment on the basis that it ought to have been raised before the pre-trial conference, and proceeding now would prejudice the orderly conduct of trial.
D) Grant the amendment if any resulting prejudice to the defence can be addressed by costs and a limited adjournment to prepare a response.
Correct Answer: D
Explanation: Rule 26.01 provides that amendments shall be granted unless the objecting party suffers non-compensable prejudice. Here, an adjournment and cost order can address the disruption.
59. A solicitor issues a statement of claim on behalf of a corporate plaintiff involving a dispute over a joint venture agreement. The lawyer did not verify whether the corporation’s board of directors had passed a resolution approving the litigation. The defendant moves to strike the proceeding on the basis that it was commenced without authority.
How should the court deal with the motion?
A) Allow the action to proceed if the corporation ratifies the decision post-filing.
B) Stay or dismiss the action if the solicitor commenced it without proper authority.
C) Permit the matter to continue and resolve authorization as a collateral issue.
D) Dismiss the motion unless the corporation itself objects to the proceeding.
Correct Answer: B
Explanation: Under Rule 15.02(4), the court may stay or dismiss a proceeding where a solicitor has commenced it without proper authority. For corporate clients, this typically includes evidence of a board resolution or other formal approval, particularly when litigation falls outside the company’s regular business.
60. Jennifer is representing a client in a civil matter where an associate judge of the Superior Court of Justice has made a final order on a motion for summary judgment, dismissing her client’s claim. Jennifer believes the decision was flawed and wishes to appeal it.
Which of the following best describes how the appeal should be brought and how it will be heard?
A) The appeal must be brought in the Divisional Court and will typically be heard by a single judge, unless the court directs that it be heard by a panel.
B) The appeal must be brought in the Court of Appeal for Ontario, as it is a final order.
C) The appeal must be brought in the Divisional Court and will always be heard by a panel of three judges.
D) The appeal must be heard in the Ontario Court of Justice as it originated from a summary judgment motion.
Correct Answer: A
Explanation: Appeals from final orders of associate judges are brought to the Divisional Court under s. 19(1)(b) of the Courts of Justice Act. While s. 21(1) states that Divisional Court matters are normally heard by a panel of three judges, s. 21(2)(a) provides that a single judge may preside over appeals from final orders of associate judges, unless the Chief Justice or their designate orders otherwise for reasons of expedition or complexity. The Court of Appeal does not have jurisdiction over such appeals unless leave is granted from a Divisional Court decision. The Ontario Court of Justice has no jurisdiction over civil summary judgment appeals.
61. In a defamation case involving two co-defendants, one defendant has filed a jury notice while the other has not. The plaintiff moves for an order to consolidate the proceedings for trial.
Which of the following considerations is most important in determining whether the court will grant the order?
A) Whether the claims arise from the same series of occurrences.
B) Whether judicial resources will be saved.
C) Whether the defendants raise identical defences.
D) Whether consolidating would deprive a party of a jury trial.
Correct Answer: D
Explanation: Under Rule 6.01, consolidation should not be granted where doing so would deprive a party of a right to a jury trial, unless that party consents. This is a well-established limiting principle in consolidation motions.
62. In a personal injury trial, the defence intends to call five expert witnesses: two on the extent of physical injuries, one economist on future loss of income, and two on psychological impact. The plaintiff objects, citing s. 12 of the Evidence Act, which limits expert testimony to three witnesses per party unless leave is obtained. Defence counsel responds that each expert addresses a discrete issue and none overlap. However, no motion for leave was previously brought.
What is the most procedurally correct response from the court?
A) Refuse to hear any expert beyond three, as leave was not obtained in advance.
B) Permit all five experts to testify since none speak to the same issue.
C) Require defence to bring a formal motion for leave at trial.
D) Allow all experts to testify if they are cross-qualified and have limited roles.
Correct Answer: C
Explanation: The Evidence Act (s. 12) allows only three expert witnesses per party unless leave is granted. That leave must be sought at trial, and the court may grant it if the evidence is non-duplicative and necessary.
63. During discovery in a wrongful dismissal case, the plaintiff discloses an affidavit of documents that includes personal emails, financial records, and unrelated family medical documents. The defendant seeks full production. Plaintiff’s counsel argues that many of these items are irrelevant and overly intrusive.
Which principle governs the court’s assessment of whether disclosure should be compelled?
A) Disclosure turns on whether the information may reasonably assist in resolving one or more issues in the proceeding, even if it affects private interests.
B) Disclosure depends on whether the requested material is relevant and whether its production would impose an undue burden in light of the overall dispute.
C) Disclosure is required if the documents may contain information useful to either party’s case, and any privacy concerns can be addressed through confidentiality safeguards.
D) Disclosure is assessed by evaluating the relevance and proportionality of the request, taking into account the scope of the dispute, intrusiveness, and alternative means of obtaining the information.
Correct Answer: D
Explanation: Rule 29.2.03 of the Rules of Civil Procedure requires the court to assess relevance and proportionality, including whether disclosure would cause undue prejudice and whether the information is available elsewhere. This aligns with privacy concerns under PIPEDA.
64. Opposing counsel serves a notice of trial and trial brief on a lawyer who had previously appeared under a limited scope retainer for a discovery motion. The lawyer does not respond, and the represented party fails to appear at trial. The party later argues that they did not receive proper notice.
Who should have been served with the trial documents?
A) The limited scope lawyer, as their prior appearance on the record creates a continuing presumption of representation until formal withdrawal is filed.
B) Both the lawyer and the party, given the ambiguity around the limited retainer and the prudent assumption that either may be acting at trial.
C) The party directly, as they were self-represented for steps outside the scope of the retainer.
D) The Law Society, which maintains the record of active retainers and can confirm whether the lawyer remains responsible for procedural service.
Correct Answer: C
Explanation: Rule 15.01.1(2) provides that a party represented under a limited scope retainer is deemed to be self-represented for all matters outside the scope of the retainer. Opposing counsel is required to serve the party directly unless the limited scope lawyer expressly agrees to accept service.
65. A corporate plaintiff intends to sue a former contractor for misappropriation of trade secrets. The alleged breach occurred in 2005, but was only discovered by the plaintiff during an internal audit in 2022. The plaintiff wants to sue immediately, but defence counsel raises concerns about delay and the availability of records.
What is the most legally relevant limitation period concern?
A) The standard two-year limitation period expired in 2007.
B) The limitation period is extended by discoverability, so the action is not time-barred.
C) The claim is barred by the ultimate 15-year limitation period under the Limitations Act.
D) There is no limitation for claims involving intellectual property.
Correct Answer: C
Explanation: Under s. 15(2) of the Limitations Act, 2002, there is an ultimate limitation period of 15 years from the day on which the act or omission occurred, regardless of discoverability. Since the breach occurred in 2005, the claim is barred in 2022.
66. In a wrongful dismissal case filed in Toronto, the defendant files a defence on January 2. The parties engage in documentary discovery and agree on a mediation date of August 5. However, the mediation coordinator sends a notice in May assigning a mediator and setting the session for June 30, citing non-compliance with Rule 24.1 timelines. The parties protest, arguing that they already had a mediation scheduled by agreement.
What is the most likely outcome under the Rules?
A) The coordinator must proceed with the assigned date unless the parties obtain judicial approval for a revised schedule.
B) The coordinator must cancel the assigned mediation and accept the parties’ agreed date if a written consent is filed before the required deadline.
C) The parties may proceed with their scheduled date only if they jointly submit a motion requesting recognition of the private arrangement.
D) The coordinator has discretion to enforce the scheduled date unless both parties object and submit an alternative timeline for consideration.
Correct Answer: B
Explanation: Under Rule 24.1.09(3), parties may postpone the mediation to a later date by written consent, filed with the coordinator. A court order is unnecessary if consent is properly documented before the expiration of the 180-day window.
67. After prevailing at trial, Gabriella’s counsel prepares a draft judgment and emails it to opposing counsel for review and approval. Opposing counsel fails to respond despite three follow-up reminders. Two weeks pass. Gabriella wants to enter the judgment without further delay. She attends the registrar’s office with her draft order, unsigned and unendorsed by opposing counsel.
What must Gabriella do to have the judgment issued and entered?
A) File a requisition requesting the registrar to issue and enter the order without opposing counsel’s approval.
B) Attend before the judge who granted the judgment and ask them to sign the order.
C) File an affidavit of non-response and enter the order unilaterally.
D) Deliver a Form 59D and request an appointment before the registrar to have the order settled.
Correct Answer: D
Explanation: If opposing counsel refuses or fails to approve the form of the order, Rule 59.04(6)(b) requires the moving party to request an appointment before the registrar to settle the order. This is done by filing a Form 59D and booking the appointment. Judges generally do not endorse orders directly unless directed by the registrar.
68. A will challenge is initiated by one of the beneficiaries, who names the estate trustee as the sole defendant. Another beneficiary alleges the trustee is favouring one party and insists on being added as a party to the litigation.
What is the most accurate statement that applies here?
A) Beneficiaries need not be joined unless named as trustees.
B) Beneficiaries must be joined in all will challenges by law.
C) Joinder is required where internal conflict among beneficiaries exists.
D) Only the estate trustee has standing to represent beneficiaries.
Correct Answer: C
Explanation: Under Rule 9.01(2), beneficiaries must be joined as parties where there is internal conflict, such as will validity contests, trustee replacement claims, or fraud allegations. The trustee cannot represent opposing interests of beneficiaries.
69. Alison sues two defendants, Greg and Harry, alleging joint and several liability. Greg makes an offer to settle the full claim for $80,000 and agrees to pay Harry’s costs if Alison accepts. Alison rejects the offer. At trial, she is awarded $78,000. Greg seeks partial indemnity costs under Rule 49.10.
Which statement best describes the application of Rule 49.10 in this scenario?
A) Rule 49.10 applies because Greg offered a full settlement and agreed to cover Harry’s costs.
B) Rule 49.10 does not apply because the judgment was less than the offer.
C) Rule 49.10 applies only if both Greg and Harry offered to be jointly and severally liable.
D) Rule 49.10 does not apply unless the offer included substantial indemnity costs.
Correct Answer: A
Explanation: Under Rule 49.11(b)(i), Rule 49.10 applies where one defendant offers to settle the entire claim and agrees to pay the costs of non-joining defendants. Greg met these criteria, so cost consequences apply when Alison fails to do better at trial.
70. A civil action begins under ordinary procedure. Paul attempts to schedule an examination for discovery before filing a discovery plan. The opposing party refuses, and Paul seeks court intervention.
What is the most likely legal outcome?
A) The court compels discovery, as oral discovery may precede a plan under Rule 31.
B) The court denies relief and costs because no discovery plan was in place.
C) The court imposes its own discovery plan before oral discovery can proceed.
D) The opposing party submits to discovery if pleadings are closed.
Correct Answer: B
Explanation: Rule 29.1.03 requires a written discovery plan before obtaining discovery. Under Rule 29.1.05, the court may deny relief or costs if discovery proceeds without a valid plan. Oral discovery is conditional on fulfilling these procedural prerequisites.
71. During a consultation, a client asks whether they can rely on the COVID-19 suspension of limitation periods to revive a claim that would have otherwise expired in June 2021. The claim arose in May 2019. The lawyer knows that Ontario issued emergency orders during the pandemic.
Which of the following most accurately reflects the legal effect of the COVID-19 limitation suspension?
A) The two-year limitation period was automatically reset for all civil claims, starting anew from the date the suspension was lifted, thereby giving the client an additional full two years.
B) All limitation periods were paused from March 16 to September 14, 2020, and that time is excluded from the calculation.
C) Only criminal matters were affected by the suspension.
D) The limitation period continued to run uninterrupted despite the suspension orders, and the client’s claim is now statute-barred under all circumstances.
Correct Answer: B
Explanation: Under an Ontario emergency order, limitation periods were suspended from March 16 to September 14, 2020. That time (roughly 6 months) is excluded from the calculation, effectively extending all affected civil deadlines.
Case-based Questions
Case 1
Vivian commences an action in Ontario for breach of contract against Sam and his company, Apex Tech Inc., both of whom are located in Alberta. She alleges that both parties were involved in a joint agreement to supply defective software to her business. Vivian attempts to serve the statement of claim personally on Sam while he is briefly visiting Toronto for a tech conference but is unable to locate him. She instead serves a receptionist at the hotel’s front desk who promises to deliver the documents to Sam. Meanwhile, she mails a copy of the claim to Apex Tech’s registered Alberta address, which is the same as the one listed with the Ministry of Public and Business Service Delivery in Ontario, but receives no confirmation of receipt. She files an affidavit of service and proceeds to note both defendants in default. Sam’s counsel later appears and brings a motion to set aside service, arguing improper service and lack of territorial jurisdiction.
Questions 72 to 74 refer to Case 1
72. What is the strongest argument Sam can make to set aside the default judgment against him?
A) That he was not served in his home province of Alberta.
B) That service on a hotel receptionist was not effective personal service.
C) That the affidavit of service was filed too late for default proceedings.
D) That Vivian should have contacted his lawyer before attempting personal service.
Correct Answer: B
Explanation: Under Rule 16.02(1)(a), personal service must be made directly on the individual. Leaving the claim with a hotel receptionist does not satisfy this requirement, even if the receptionist agreed to deliver it. Without effective service, Sam lacked proper notice and the default judgment is vulnerable to being set aside.
73. Was Vivian’s method of serving Apex Tech by mail to its Alberta address valid under the Rules?
A) Yes, because she sent it to the corporation’s registered address on file.
B) Yes, but only if the package included a signed acknowledgment of receipt.
C) No, because corporate service outside Ontario requires leave of the court.
D) No, because she failed to serve a director or officer personally in Alberta.
Correct Answer: A
Explanation: Rule 16.03(6) allows service on a corporation by mailing to the last known address listed with the Ministry of Public and Business Service Delivery, even if it is out of province. While proof of receipt helps, the rule does not require confirmation if the address is properly recorded.
74. Assuming Sam and Apex Tech are joint parties to the same contract, what is the most appropriate basis for Vivian naming both defendants in the same action?
A) Because their joint liability makes them jointly and severally responsible.
B) Because Ontario courts have discretion to assert jurisdiction over any Canadian party.
C) Because the claims involve overlapping legal duties and arise from the same events.
D) Because at least one of them was present in Ontario at the time of the alleged breach.
Correct Answer: C
Explanation: Rule 5.02(2) permits joinder of defendants where the claims arise from the same transaction and involve common legal or factual issues. This ensures efficiency and consistency in adjudication, especially where parties allegedly acted together in the events giving rise to the claim.
Case 2
Camilla, a homeowner, brought an action against Titan Homes Inc. for negligent construction after discovering extensive water damage and mould in the basement of her newly built home. During the discovery phase, Titan’s counsel stated that an engineering expert had inspected the premises on their behalf but refused to disclose the expert’s identity or any findings, saying they would provide a report under Rule 53.03 before trial. Camilla’s lawyer asked again at the examination for discovery whether Titan had retained any expert and what the expert’s findings were. Titan’s counsel repeated that disclosure would come closer to trial. Camilla believes that the expert may have made findings supportive of her claim. Titan did not expressly say they would not call the expert at trial, nor did they undertake on the record to that effect. Frustrated by this non-disclosure, Camilla’s lawyer is now considering a motion to compel answers.
Questions 75 to 77 refer to Case 2
75. Which of the following best describes Titan’s obligation under Rule 31.06(3) at the time of the examination for discovery?
A) Titan is not required to disclose any expert evidence until it serves an expert report under Rule 53.03.
B) Titan must disclose the expert’s findings unless they undertake not to call the expert as a witness.
C) Titan must disclose only the final expert report, not preliminary opinions or raw data.
D) Titan is not required to disclose the expert’s identity if the report is privileged.
Correct Answer: B
Explanation: Under Rule 31.06(3), a party is required to disclose the findings, opinions, and conclusions of any expert retained relating to the issues in the action, along with the expert’s name and address. This obligation applies unless (a) the expert’s opinion was prepared solely for litigation and (b) the party undertakes not to call that expert as a witness at trial. Both prongs must be satisfied to avoid disclosure at discovery. Titan’s failure to undertake not to call the expert means they are still obligated to disclose the expert’s findings, even without serving a Rule 53.03 report.
76. What consequence might arise from Titan’s refusal to answer proper questions regarding the expert at discovery?
A) The court will likely strike out Titan’s statement of defence.
B) The court will automatically exclude the expert’s testimony at trial.
C) Titan may face a motion to compel disclosure or costs for non-compliance.
D) The court will permit divided discovery under Rule 31.06(6).
Correct Answer: C
Explanation: If a party refuses to comply with Rule 31.06(3) and fails to disclose expert findings or an undertaking not to call the expert, the opposing party may bring a motion to compel answers. Courts may order compliance and award costs against the non-cooperative party. Simply promising to provide the report later is not a valid response. Failure to comply with this obligation can be treated as an abuse of the discovery process.
77. Which of the following questions best conforms with Rule 31.06(3) when asking about expert evidence at discovery?
A) Please provide any and all expert reports in your possession.
B) Who are your testifying experts for trial and do they have prepared reports for the court?
C) Have you retained any experts regarding this matter, and what are their findings?
D) What will your expert share at trial?
Correct Answer: C
Explanation: The proper formulation under Rule 31.06(3) is to ask whether any expert has been retained regarding the issues in the action, and to request the expert’s name, address, and their findings, opinions, and conclusions. This wording avoids conflating documentary discovery with informational discovery and avoids improper questions about anticipated trial evidence. Asking “what will your expert say at trial” is speculative and goes beyond what the rule contemplates.
Case 3
Sandra, a freelance designer, sues Elmira Textiles Ltd. for breach of contract over unpaid invoices totaling $75,000. She prepares and files a statement of claim at the Toronto court office, naming Toronto as the place of trial. Elmira Textiles, however, has its head office and operations exclusively in London, Ontario, and the entire contract was negotiated and executed in that city. Sandra serves the statement of claim by registered mail to Elmira’s registered office, and then files an affidavit of service with the court. The defendant fails to respond within 20 days, and Sandra has the defendant noted in default. Before she moves for default judgment, Elmira brings a motion challenging the court’s territorial jurisdiction, claiming that the proceeding should have been brought in London, not Toronto. Sandra argues that venue choice is hers under the Rules, and that no prejudice was caused by filing in Toronto.
Questions 78 to 80 refer to Case 3
78. Which rule governs Sandra’s ability to commence her action in a particular county, and how should the court evaluate whether Toronto was a proper place of commencement?
A) Rule 14.01(1); the proceeding must be commenced in the county named in the statement of claim, regardless of its connection to the parties.
B) Rule 13.1.01(2); Sandra can commence the proceeding in any county named in the originating process, unless a statute or rule requires otherwise.
C) Rule 14.01(1); Sandra may commence the proceeding wherever she resides.
D) Rule 13.1.01(2); Sandra must commence the action where service of the claim will be most convenient to the parties to complete.
Correct Answer: B
Explanation: Rule 13.1.01(2) allows a proceeding to be commenced at any court office in any county named in the originating process unless a statute or rule requires it to be commenced elsewhere. Since no specific statute required the claim to be filed in London, Sandra’s choice of Toronto is technically permissible under the Rules. However, a defendant may still seek a transfer under Rule 13.1.02 if fairness or convenience supports it.
79. Was Sandra’s method of serving the statement of claim by registered mail to Elmira’s registered office valid under the Rules?
A) No, because personal service is mandatory for all corporate defendants.
B) Yes, because service on a corporation may be effected by mailing to its registered office.
C) No, because Rule 17 requires court authorization for mail service within Ontario.
D) Yes, but only if Elmira files a Notice of Intent to Defend to confirm receipt of the statement of claim by mail.
Correct Answer: B
Explanation: Under Rule 16.02(1)(c), service on a corporation can be made by mailing a copy of the statement of claim to the corporation’s registered office or principal place of business in Ontario, making Sandra’s method of service valid, provided proper mailing and proof were filed.
80. Can Elmira now bring a motion to challenge the court’s jurisdiction or venue after being noted in default?
A) No, once a defendant is noted in default, they are barred from bringing any motion.
B) Yes, but only with the consent of the plaintiff.
C) Yes, with leave of the court, as long as they move promptly and show a good reason for not defending earlier.
D) No, the motion must be brought before any default is entered, even if notice of jurisdictional error arises later.
Correct Answer: C
Explanation: A party noted in default may not take further steps in the action without the leave of the court or consent of the opposing party (Rule 19.02(1)(b)). However, leave can be granted where the defendant moves promptly and shows a good explanation for the default, especially where the challenge relates to fundamental procedural issues such as territorial jurisdiction. The court may consider setting aside the default to hear the jurisdiction motion on its merits.