P1 Mini-Exam A - Questions and Answers

Professional Responsibility

1. A paralegal is retained by a client who agrees to a contingency fee arrangement. Midway through the case, the paralegal realizes that the matter has evolved into a quasi-criminal proceeding, which is prohibited under contingency fee rules. What is the most ethical course of action?

  1. Continue with the contingency fee arrangement since the agreement was signed before the case changed.
  2. Convert the contingency fee arrangement into an hourly billing model and notify the client of the change.
  3. Withdraw from representation immediately, as contingency fees are strictly prohibited in quasi-criminal matters.
  4. Inform the client of the issue and seek their consent to modify the fee structure in compliance with ethical rules.

Correct Answer: D

Explanation: The Paralegal Rules of Conduct prohibit contingency fees in quasi-criminal matters. The paralegal must advise the client and amend the agreement with informed consent, maintaining both ethical compliance and representation.

2. A paralegal is reviewing their time management practices to improve efficiency. Which of the following is the best approach to ensure effective time management?

  1. Allocate time daily for reviewing tasks, responding to clients, and recording docket entries.
  2. Handle urgent matters first and postpone all non-urgent tasks indefinitely.
  3. Avoid scheduling time for professional development to maximize billable hours.
  4. Process client files only when deadlines are approaching.

Correct Answer: A

Explanation: Daily organization improves service quality and minimizes oversight. Postponing non-urgent matters or avoiding professional development can lead to ethical and practical issues.

3. A paralegal is defending a client in a summary conviction matter. The client admits guilt but insists on presenting a defense that contradicts their admission. What is the most ethical response?

  1. Proceed with the defense as instructed, as the client has the right to present any argument that may lead to acquittal.
  2. Withdraw from representation immediately, as continuing would be improper.
  3. Inform the client that the defense must be consistent with their admission.
  4. Present an alternative defense, as long as the client does not explicitly deny their involvement.

Correct Answer: C

Explanation: A paralegal cannot advance a defense contrary to the client's admission of guilt but may test the evidence or argue that it is insufficient. Integrity and ethical boundaries must be preserved (Guideline 12).

4. A paralegal is approached by a civil society organization (CSO) to provide legal services to its members. The CSO proposes a membership fee model, where clients must pay a fee to access legal assistance. What is the most ethical response?

  1. Accept the arrangement, as long as the membership fee is reasonable and disclosed to clients.
  2. Decline the arrangement, as paralegals in CSOs are prohibited from charging clients directly or indirectly for legal services.
  3. Modify the fee structure so that legal services are billed separately from the membership fee.
  4. Proceed with the arrangement but ensure that clients sign a waiver acknowledging the fee structure.

Correct Answer: B

Explanation: By-Law 7 prohibits paralegals in CSOs from charging for legal services. Any fee-based access, even through membership, contravenes this rule.

5. What is one key responsibility of the Professional Development and Competence (PD&C) Division?

  1. Drafting new legislation for the legal profession.
  2. Conducting disciplinary hearings for licensees.
  3. Providing educational resources.
  4. Overseeing financial audits of law firms.

Correct Answer: C

Explanation: The PD&C Division supports professional growth through CPD, licensing guidance, and resources like the Great Library to ensure competence across the profession.

6. A paralegal is reviewing a potential case when they realize that a close family member has a financial interest in the matter. Which of the following best describes the paralegal’s obligation under conflict-of-interest rules?

  1. Proceed with the representation, as long as the family member does not actively interfere.
  2. Obtain the client’s consent before continuing representation, explaining the potential conflict.
  3. Continue with the case unless the family member directly benefits financially.
  4. Avoid any disclosure of the family connection and proceed as planned.

Correct Answer: B

Explanation: Even indirect interests create potential conflicts. The client’s informed consent is necessary to ensure transparency and maintain trust in the relationship.

7. A paralegal suspects that a client is under undue influence from a third party when making legal decisions. What is the most appropriate response?

  1. Follow the client’s instructions without question to avoid interfering in personal matters.
  2. Disregard concerns about undue influence, as long as the legal documents are properly executed.
  3. Candidly discuss concerns with the client and determine whether their instructions reflect their actual wishes.
  4. Allow the third party to verify the client’s decisions to ensure accuracy.

Correct Answer: C

Explanation: The paralegal must determine that the client’s instructions are freely given. Any hint of coercion or undue influence must be addressed through careful, respectful discussion.

8. A paralegal is preparing to withdraw from representation due to a conflict of interest discovered mid-case. What must the paralegal do before withdrawing?

  1. Notify the client and ensure withdrawal does not prejudice their legal interests.
  2. Do right by the client and continue representation for as long as possible until the client finds a new paralegal.
  3. Destroy all records related to the case to protect themselves.
  4. Try to transfer the case to another paralegal in the same firm.

Correct Answer: A

Explanation: Withdrawal must be done carefully and with notice. Rule 3.08 requires that the client’s legal position not be harmed by the departure.

9. A paralegal is representing a client in a civil matter when the client insists on pursuing a legal strategy that directly violates the Paralegal Rules of Conduct. The paralegal explains the ethical concerns, but the client refuses to modify their instructions. What is the most ethical response?

  1. Continue representation but avoid actively assisting in the unethical strategy.
  2. Withdraw immediately, citing the client’s refusal to follow ethical legal advice.
  3. Seek permission from the tribunal before withdrawing to ensure compliance with procedural requirements.
  4. Proceed with the client’s instructions but document concerns in writing.

Correct Answer: B

Explanation: Under Rule 3.08(5), a paralegal must withdraw when a client demands conduct contrary to professional or ethical rules. Continued involvement would itself violate the Rules.

10. Which of the following best describes a prospective client?

  1. A person who has already signed a retainer agreement.
  2. Someone seeking legal advice, even if no agreement has been made.
  3. Any individual who has paid a consultation fee.
  4. A paralegal’s family member asking for informal advice.

Correct Answer: B

Explanation: Ethical duties such as confidentiality attach from the moment someone consults a paralegal, even if no formal relationship or payment exists.

11. A paralegal declines a prospective client’s matter due to a conflict of interest and issues a non-engagement letter. What additional step must the paralegal take to ensure compliance with ethical standards?

  1. Immediately delete all records related to the prospective client to prevent future conflicts.
  2. Document the non-engagement in the firm’s conflict-checking system to prevent future ethical violations.
  3. Offer general legal guidance in the letter to assist the prospective client in finding representation.
  4. Recommend alternate legal professionals without confirming the decision in writing.

Correct Answer: B

Explanation: Even without a retainer, prospective clients may share confidential information. The paralegal must enter their name into the conflict-checking system to avoid future breaches of loyalty or confidentiality.

12. What is the primary function of the Professional Regulation Division (PRD)?

  1. To provide educational resources to legal professionals.
  2. To oversee licensing exams for lawyers and paralegals.
  3. To handle complaints, investigations, and enforcement actions.
  4. To draft new laws for the Ontario legal system.

Correct Answer: C

Explanation: The PRD investigates complaints, imposes regulatory discipline, and ensures licensees uphold ethical and legal standards. It plays a key role in protecting the public and maintaining professional integrity.

13. A paralegal is entrusted with a large sum of client money to be held in trust for the duration of legal proceedings. A financial institution offers the paralegal a high-yield investment opportunity that could increase the value of the funds significantly before they are returned to the client. What is the most ethical course of action?

  1. Invest the funds in the opportunity and return the principal with any additional earnings to the client.
  2. Decline the opportunity and ensure the funds remain in a secure trust account in compliance with the Paralegal Rules.
  3. Invest the funds but document the transaction for full transparency with the client.
  4. Seek the client’s consent before investing the funds in a financial product.

Correct Answer: B

Explanation: Trust funds must be preserved and protected. Investing them, even with client consent, exposes them to risk and may breach fiduciary duties unless permitted by specific law or regulation.

14. A paralegal is approached by a prospective client who discloses highly sensitive information regarding a potential legal dispute. The individual later decides not to retain the paralegal’s services. Under the Paralegal Rules of Conduct, what is the most appropriate course of action regarding the disclosed information?

  1. The paralegal may use the information in future cases, as no formal retainer was signed.
  2. The duty of confidentiality applies indefinitely, even if the individual never becomes a client.
  3. The paralegal must destroy all records of the conversation to avoid ethical conflicts.
  4. The paralegal may disclose the information if the individual does not return for further consultation.

Correct Answer: B

Explanation: Confidentiality obligations apply from the moment a prospective client seeks legal advice, regardless of whether they retain the paralegal. This duty is ongoing and not dependent on formal engagement or payment.

Case 1

Elena, a paralegal, is representing a tenant in a Landlord and Tenant Board dispute. During the hearing, the opposing party presents misleading evidence, falsely alleging non-payment of rent to justify eviction.

Questions 15 to 17 refer to Case 1

15. What is Elena’s ethical obligation when confronted with false evidence?

  1. Allow the misleading evidence to stand, as the tribunal will assess its validity.
  2. Immediately object and present contradictory evidence to counter the false claims.
  3. File a post-hearing complaint against the opposing party without addressing it during the hearing.
  4. Ignore the false claims and shift the argument to another legal point supporting her client.

Correct Answer: B

Explanation: Rule 4.01(5) of the Paralegal Rules of Conduct requires paralegals to act with candor and integrity. Elena must not allow false evidence to mislead the tribunal and must take immediate steps to correct the record.

16. Following Elena’s swift action, the opposing party’s representative makes repeated personal attacks against Elena, questioning her competence and professionalism. What is Elena’s most ethical response?

  1. Ignore the attacks and continue advocating for her client.
  2. Respond respectfully to the attacks.
  3. Request that the tribunal intervene and remind all parties of professional conduct expectations.
  4. Withdraw from the case due to the hostile environment.

Correct Answer: C

Explanation: Under Rule 7.01, paralegals must maintain professionalism and ensure proceedings remain respectful. If opposing counsel becomes abusive or unprofessional, it is appropriate to request the tribunal’s assistance in upholding decorum.

17. After the hearing, Elena’s client disputes her legal fees, claiming that certain charges were not authorized. What is Elena’s most ethical obligation?

  1. Immediately refund the disputed amount to avoid conflict.
  2. Provide detailed explanations for each charge and, if necessary, adjust the invoice.
  3. Ignore the dispute since legal services were provided.
  4. Transfer additional funds from trust to compensate for the dispute.

Correct Answer: B

Explanation: Rule 5.01 emphasizes billing transparency. When fees are disputed, the paralegal must offer a clear breakdown of charges and make fair adjustments if the client was not properly advised or did not approve certain expenses.

Jurisdiction and Fundamentals

18. What distinguishes real property from personal property?

  1. Real property consists only of land, while personal property includes buildings and structures.
  2. Real property has a fixed location and permanence, while personal property can be moved.
  3. Real property includes tangible items, while personal property consists only of intangibles.
  4. Real property is always owned by the Crown, while personal property is privately owned.

Correct Answer: B

Explanation: Real property includes land and permanent fixtures like buildings and trees. Personal property is movable (e.g., furniture, vehicles) or intangible (e.g., stocks), and lacks the fixed, permanent nature of real property.

19. What distinguishes provincial superior courts from provincial courts?

  1. Provincial courts can hear all legal disputes, while superior courts have limited jurisdiction.
  2. Superior courts are courts of inherent jurisdiction and can hear most types of cases unless restricted by statute.
  3. Provincial courts handle only civil cases, while superior courts handle criminal cases.
  4. Superior courts can only review tribunal decisions but do not conduct trials.

Correct Answer: B

Explanation: Superior courts can decide any legal issue unless specifically limited by statute. Provincial courts only have the powers explicitly granted to them. This key difference defines their respective jurisdictions.

20. What distinguishes a limited liability partnership (LLP) from a general partnership?

  1. LLPs can only be formed by corporations.
  2. Partners in an LLP are protected from liability for other partners’ negligent acts.
  3. LLPs require provincial approval before operating in Ontario.
  4. All partners in an LLP must have equal ownership shares.

Correct Answer: B

Explanation: An LLP shields individual partners from personal liability for negligence or misconduct committed by other partners or employees. This protection does not exist in general partnerships.

21. What doctrine applies when a valid provincial law interferes with the core functions of a federal entity, rendering the provincial law inapplicable?

  1. Interjurisdictional immunity.
  2. Federal paramountcy.
  3. Double aspect doctrine.
  4. Incidental effects doctrine.

Correct Answer: A

Explanation: Interjurisdictional immunity protects the “core” of federal powers from provincial interference, even if the provincial law is otherwise valid. For example, it can shield federal undertakings like interprovincial railways or telecoms.

22. Which section of the Charter is frequently invoked to justify limitations on freedom of expression, particularly when balancing the rights of protected groups?

  1. Section 1.
  2. Section 2(b).
  3. Section 15.
  4. Section 52.

Correct Answer: A

Explanation: Section 1 allows governments to place reasonable limits on Charter rights if the limits are demonstrably justified in a free and democratic society, commonly used to uphold hate speech laws that protect vulnerable communities.

23. Which section of the Canadian Charter of Rights and Freedoms protects freedom of expression, including public criticism of laws?

  1. Section 1 – Reasonable limits clause.
  2. Section 2(b) – Fundamental freedoms.
  3. Section 7 – Life, liberty, and security of the person.
  4. Section 15 – Equality before the law.

Correct Answer: B

Explanation: Section 2(b) of the Charter guarantees freedom of thought, belief, opinion, and expression, including media freedom. It protects individuals like journalists and protestors who speak out against government policy, subject to limits under Section 1.

Case 2

Emma, a journalist, publishes an article criticizing a new provincial law that restricts public protests. The government responds by issuing fines to protest organizers, arguing that the law is necessary for public order. Emma challenges the law in court, arguing that it violates the Canadian Charter of Rights and Freedoms.

Questions 24 to 25 refer to Case 2

24. What principle does the government breach in this scenario, that ensures that all exercises of public power in Canada must comply with the law?

  1. Parliamentary supremacy.
  2. Constitutional supremacy.
  3. Executive primacy.
  4. Judicial supremacy.

Correct Answer: B

Explanation: Constitutional supremacy, under section 52 of the Constitution Act, 1982, ensures that all laws and government actions must comply with the Constitution. Any inconsistent law is of no force or effect.

25. If the court finds the provincial law unconstitutional, what remedy can it apply?

  1. The court can declare the law invalid and unenforceable.
  2. The court can issue a fine against the government.
  3. The court can suspend the Charter rights if needed.
  4. The court can request Parliament to amend the Constitution.

Correct Answer: A

Explanation: When a court finds a law unconstitutional, it can strike it down using its authority under section 52. This declaration renders the law legally unenforceable and upholds constitutional rights.

Civil Litigation

26. Which of the following would likely invalidate a contract based on public policy concerns?

  1. An oral contract formed between two business partners.
  2. A contract that omits a dispute resolution clause.
  3. A contract offering below-market rent.
  4. A financing contract charging a criminal rate of interest.

Correct Answer: D

Explanation: Contracts with criminally high interest rates violate public policy and are unenforceable. Courts will strike down agreements that breach statutory or societal standards.

27. What is the standard order of proceedings in a Small Claims Court trial?

  1. Plaintiff’s opening → Defendant’s opening → Plaintiff’s evidence → Defendant’s evidence → Closing submissions.
  2. Witnesses testify first → Openings follow.
  3. Trial judge’s overview → Plaintiff calls witnesses → Defendant responds.
  4. Defendant’s opening → Plaintiff’s case → Cross-examination → Judgment.

Correct Answer: A

Explanation: Proceedings begin with opening statements, followed by plaintiff and defendant evidence, then closing submissions, allowing each party to present and respond in turn.

28. What is the effect of issuing a certificate of judgment in another territorial division?

  1. It converts the order into a judgment of the new court, which then assigns a new file number.
  2. It grants the creditor title to the debtor’s land.
  3. It cancels the original judgment.
  4. It transfers the case to Small Claims Court.

Correct Answer: A

Explanation: Filing the certificate converts it into a judgment of that territorial division, allowing enforcement there and assigning a new court file number for local tracking.

29. Paralegal Noah files a Small Claims Court matter but soon learns his client wants to pursue the claim in Superior Court instead. What must Noah do if the defendant hasn’t filed a defence yet?

  1. Abandon the Small Claims matter and request a hearing.
  2. Wait for administrative dismissal.
  3. Serve and file a notice of discontinuance (Form 11.3A) with supporting affidavit.
  4. File a new claim in Superior Court only.

Correct Answer: C

Explanation: If no defence has been filed, the plaintiff may serve and file Form 11.3A with proof of service, properly discontinuing the case and enabling a new Superior Court filing.

30. Alyssa is assisting a paralegal with document preparation for a settlement conference. What disclosure is mandatory under the Rules at least 14 days before the conference?

  1. Only digital records, not printed documents.
  2. A witness list only if there’s expert evidence.
  3. All medical records only.
  4. Any documents not previously attached to pleadings and a list of proposed and knowledgeable witnesses (Form 13A).

Correct Answer: D

Explanation: Rule 13.03(2) requires parties to disclose any new documents and provide a complete list of potential witnesses, even if they aren’t expert witnesses.

31. What jurisdiction does the Divisional Court primarily exercise under the Courts of Justice Act?

  1. Criminal sentencing review.
  2. Exclusive jurisdiction over Small Claims Court trials.
  3. Jurisdiction over family law disputes.
  4. Appellate jurisdiction over certain civil matters and judicial review of administrative decisions.

Correct Answer: D

Explanation: The Divisional Court handles appeals from certain civil courts and conducts judicial review of administrative decisions, including tribunal outcomes and government actions.

32. Which of the following is not a proper ground for the court to strike out a pleading under Rule 12.02(1)?

  1. It is inflammatory or a nuisance.
  2. It discloses no reasonable cause of action or defence.
  3. The pleading is lengthy and complex.
  4. It abuses the court’s process.

Correct Answer: C

Explanation: Complexity alone is not a valid reason to strike. The pleading must be legally deficient, frivolous, or abusive for the court to consider such a remedy.

33. What is the primary purpose of computing time according to Rule 3.01 of the Rules of the Small Claims Court?

  1. To eliminate the need to track weekends and holidays.
  2. To determine how long a claim may sit before being heard.
  3. To allow the judge to extend deadlines at will.
  4. To accurately calculate deadlines by excluding the first day and including the last.

Correct Answer: D

Explanation: Rule 3.01 standardizes time calculation by excluding the start date and including the last day, unless it falls on a holiday, in which case deadlines extend to the next court day.

34. What is the maximum amount of costs a Small Claims Court will usually award on a motion, absent special circumstances?

  1. $25.
  2. $500.
  3. $100.
  4. $75.

Correct Answer: C

Explanation: Rule 15.07 caps typical motion costs at $100, plus disbursements. Higher costs may be awarded only in exceptional cases with supporting reasons.

35. Paralegal Omar wants to ensure that a key witness who lives in Ontario appears at trial and brings important documents. What procedure must Omar follow under Rule 18.03?

  1. Submit an affidavit and hope the witness appears.
  2. Call the witness’s employer for scheduling.
  3. Provide verbal notice 7 days prior to trial.
  4. Serve a summons to witness (Form 18A) with attendance money at least 10 days before trial.

Correct Answer: D

Explanation: Rule 18.03 requires the summons to be personally served with attendance money at least 10 days before trial to compel appearance and production of documents.

36. What is the function of pleadings under the Small Claims Court Rules?

  1. They define the legal framework and material facts of the case, notify parties, and assist the court in identifying the issues.
  2. They replace the need for documentary evidence.
  3. They act solely as a script for trial hearings.
  4. They are internal notes and not required to be served.

Correct Answer: A

Explanation: Pleadings establish the legal foundation of the case, shape the dispute, alert the opposing party to the claims, and help the court identify relevant issues and jurisdiction.

37. What is the significance of the “employee vs. independent contractor” distinction in employment law?

  1. It determines access to parking benefits.
  2. It affects whether ESA protections and common-law notice apply.
  3. It is irrelevant if both parties agree to a title.
  4. It determines whether the individual can be paid in cash.

Correct Answer: B

Explanation: The classification impacts whether a worker is entitled to protections under employment legislation and common-law remedies, regardless of title.

38. What is a “BATNA” in the context of negotiation theory?

  1. Best Argument To Neutral Adjudicator.
  2. Baseline Agreement for Tactical Negotiation Adjustment.
  3. Binding Arbitration Test for Negotiation Assessment.
  4. Best Alternative To a Negotiated Agreement.

Correct Answer: D

Explanation: Knowing one’s BATNA, the most favorable alternative if negotiations fail, guides realistic settlement decisions and leverage.

39. Jonah, a licensed paralegal, files the first document in a proceeding entirely in French. What right has Jonah’s client exercised by doing so?

  1. The right to proceed without translation.
  2. The right to a bilingual proceeding.
  3. The right to request a delay for interpretation.
  4. The right to appeal in both official languages.

Correct Answer: B

Explanation: Filing in French triggers the client’s right under section 126 of the Courts of Justice Act to a bilingual hearing, including French-speaking judges or interpretation services.

40. Paralegal Liana wants to act on behalf of a client in an arbitration related to an insurance claim under the Insurance Act. What must she confirm before proceeding?

  1. That the arbitration is private and outside legislative scope.
  2. That it’s a statutory arbitration permitted under By-Law 4, s. 6(2).
  3. That the client has waived confidentiality.
  4. That a judge is available to supervise.

Correct Answer: B

Explanation: Paralegals may represent clients in arbitrations if the proceeding is authorized by law, such as under the Insurance Act, and permitted by By-Law 4, s. 6(2).

41. Paralegal Jonah is preparing for trial and realizes he forgot to serve certain repair estimates he intends to rely on. What must Jonah do to comply with the Rules before trial?

  1. Serve the documents at least 30 days before trial along with the author’s contact details.
  2. Submit them in court with oral justification.
  3. Attach them to a Form 10A request.
  4. Provide verbal notice the day of trial.

Correct Answer: A

Explanation: Under Rule 18.02, any written material a party intends to rely on must be served at least 30 days in advance, including contact details for authors for potential summons.

42. What is the role of a trial brief and a law brief in trial preparation?

  1. They duplicate the client’s documents for convenience.
  2. A trial brief contains case materials for reference; a law brief is provided to the judge for legal argument support.
  3. They allow a paralegal to avoid using case law at trial.
  4. They are required only in criminal matters.

Correct Answer: B

Explanation: Trial briefs organize exhibits and facts; law briefs supply authorities and case law to support arguments, allowing for efficient and persuasive presentation.

Case 3

Lucie, a French-speaking business owner from Ottawa, hires Paralegal Sam to sue a supplier in Small Claims Court for $31,000. She wants the proceedings conducted in French. The defendant is based in Toronto.

Questions 43 to 45 refer to Case 3

43. Lucie wants her trial to be conducted in French. What should Sam do to initiate this request?

  1. File a Bilingual Proceeding Requisition (Form 1) or file the first claim document in French.
  2. Submit a motion to transfer the claim to a French-speaking justice.
  3. Request a translation service on the date of trial.
  4. File a notice of motion to the Divisional Court.

Correct Answer: A

Explanation: A party can initiate a bilingual proceeding by filing the first document in French or by submitting Form 1 (Bilingual Proceeding Requisition). This ensures the court provides French-language support throughout the trial.

44. Sam files the Plaintiff’s Claim in the Ottawa Small Claims Court, but the defendant wants the case heard in Toronto. How would the court decide whether to change the venue?

  1. Automatically move it to the defendant’s location.
  2. Use a “balance of convenience” test.
  3. Allow the first filer to determine location.
  4. Require the plaintiff to consent to the move.

Correct Answer: B

Explanation: The “balance of convenience” test considers multiple factors including party location, availability of witnesses, and travel costs. It ensures proceedings occur in the fairest and most efficient forum.

45. The defendant files a claim for $40,000 against Lucie. What must the court assess to determine jurisdiction?

  1. Whether Lucie agrees to the new claim amount.
  2. If both parties are incorporated.
  3. Whether each claim falls within the $35,000 Small Claims Court limit.
  4. Whether the court is allowed to rule on criminal matters.

Correct Answer: C

Explanation: Each party in Small Claims Court may bring claims up to $35,000. The court has jurisdiction so long as each individual claim does not exceed the limit, even if the total exceeds $70,000 combined.

Criminal and Quasi-criminal Law

46. What ethical limitation restricts a paralegal from withdrawing for non-payment of fees in criminal proceedings?

  1. A paralegal cannot withdraw unless another paralegal agrees to assume the matter.
  2. Withdrawal for non-payment must occur only after conviction.
  3. Withdrawal cannot proceed if the trial date is too close to allow replacement counsel to prepare.
  4. Withdrawal for non-payment must be approved by the Crown.

Correct Answer: C

Explanation: Rule 3.08(8) prohibits withdrawal when it would prejudice the administration of justice,particularly if the trial is imminent and no new representative could reasonably be prepared.

47. Under what condition is it constitutionally impermissible to impose imprisonment for a provincial offence?

  1. When the defendant has no prior convictions.
  2. If the defendant is tried under Part II of the POA.
  3. Where the offence is one of absolute liability.
  4. When the prosecution is conducted by a municipal prosecutor.

Correct Answer: C

Explanation: Imprisonment for absolute liability offences violates section 7 of the Charter because it denies the accused the right to raise a due diligence defence or show intent.

48. Under which condition may a peace officer lawfully refuse to release an individual arrested without a warrant for an offence not listed under section 469 of the Criminal Code?

  1. If the accused has not been fingerprinted within 12 hours of arrest.
  2. If the accused is unable to understand English or French.
  3. If there are reasonable grounds to believe the accused will fail to attend court or detention is in the public interest.
  4. If the accused requests legal counsel before release.

Correct Answer: C

Explanation: Section 498(1.1) allows police to detain an accused only if specific public interest or attendance concerns are present, otherwise, the individual must be released without delay.

49. In what situation can a paralegal appear on a hybrid criminal offence in the Ontario Court of Justice?

  1. When the Crown formally elects to proceed summarily and the offence falls within the permitted scope of paralegal practice.
  2. When the offence was committed after September 19, 2019, and the accused is under 18.
  3. When the Crown has formally elected to proceed by indictment.
  4. Only if the Law Society has added the offence to the list of authorized summary offences.

Correct Answer: A

Explanation: Paralegals may only act on eligible hybrid offences if the Crown formally elects to proceed summarily and the offence falls within their authorized scope under the By-Laws.

50. What distinguishes the offence of “public mischief” under section 140 from giving false information generally?

  1. It applies only if the accused falsely accuses themself.
  2. The accused must cause or prolong a police investigation.
  3. The accused must act without criminal intent.
  4. It applies only to police officers, not peace officers.

Correct Answer: B

Explanation: Public mischief requires more than just lying, it must lead to a police investigation being wrongfully initiated or extended. This element of misleading enforcement distinguishes the offence.

51. Under the Criminal Code, when may a police officer lawfully arrest someone without a warrant, and what are the conditions that limit this power?

  1. When the officer has reasonable and probable grounds that an offence has been committed and the arrest is necessary to identify the person, prevent continuation or repetition of the offence, or ensure court attendance.
  2. Only when the individual is found breaching a peace bond in the presence of a justice.
  3. When the officer suspects an offence has occurred and may arrest without further justification if the individual has no fixed address.
  4. When the officer observes any violation of a provincial statute, regardless of urgency or necessity.

Correct Answer: A

Explanation: Section 495 authorizes arrest without warrant under specific grounds, but police must also justify detention with one or more statutory purposes. Unlawful arrests may breach Charter rights.

52. Under what circumstances is the Crown obligated to assist the defence in obtaining records not in its possession or control?

  1. When a third party refuses to release health records to the defence.
  2. When another government agency participated in the investigation or the records are reasonably accessible.
  3. When a police force has refused to disclose privileged material.
  4. When the defence files a general demand for all related public records.

Correct Answer: B

Explanation: If the Crown has access to, or control over, records from a related agency involved in the investigation, it may have a duty to facilitate access or inform the defence of their existence.

53. Which of the following must the Crown prove to secure a conviction under section 175(1)(a)—Causing a Disturbance?

  1. That the accused committed an act listed in the provision in or near a public place and actually disturbed someone.
  2. That the accused used obscene language while alone in a private residence.
  3. That the accused behaved strangely in any location.
  4. That the accused was intoxicated in a public place, even if no one was disturbed.

Correct Answer: A

Explanation: The disturbance must occur in a public place (not a private dwelling), involve one of the prohibited behaviours under section 175(1)(a), and actually disturb another person.

54. In sentencing Indigenous offenders, what must the court consider, as outlined in section 718.2(e) and R. v. Gladue?

  1. Whether the offender’s community requests a reduced sentence.
  2. Whether incarceration is the only remaining sentencing option.
  3. The overrepresentation of Indigenous persons in the prison system and the offender’s life circumstances.
  4. The impact of the sentence on future restorative justice policy.

Correct Answer: C

Explanation: Section 718.2(e) and Gladue require courts to consider systemic factors and colonial impacts that may influence Indigenous offenders, with a preference for restorative sentencing approaches.

55. What procedural safeguard must be met before a guilty plea is accepted under section 606(1.1) of the Criminal Code?

  1. The plea must be entered within 30 days of first appearance.
  2. The accused must demonstrate knowledge of trial procedure and the Rules of Evidence.
  3. The court must be satisfied that the accused understands the plea, its consequences, and that the court is not bound by a joint submission.
  4. The paralegal must be present in court with written authorization.

Correct Answer: C

Explanation: Section 606(1.1) ensures informed and voluntary pleas by requiring the judge to verify that the accused understands the nature of the plea, its consequences, and the court’s discretion in sentencing.

56. What is the classification of the offence of speeding under section 128, and what is the practical effect of that classification?

  1. Mens rea offence; the Crown must prove intent to exceed the limit.
  2. Absolute liability offence; few defences apply other than contesting factual elements.
  3. Strict liability offence; a due diligence defence is available.
  4. Hybrid provincial offence; Crown election governs sentencing.

Correct Answer: B

Explanation: Speeding is classified as an absolute liability offence, meaning the Crown does not have to prove intent, and the accused cannot raise a due diligence defence, only factual disputes may be raised (6.7.1).

57. Under sections 145(4)–(5), what mental element (mens rea) must the Crown prove for the offence of failing to comply with an undertaking or release order?

  1. That the accused knowingly or recklessly breached the condition.
  2. That the breach was foreseeable by a reasonable person.
  3. That the accused was previously warned by the court.
  4. Strict liability, proof of the act is sufficient without intent.

Correct Answer: A

Explanation: As clarified in R. v. Zora, the Crown must show that the accused either knew or was reckless in breaching the order; negligence or simple forgetfulness is insufficient.

58. In what circumstance may a trial judge lawfully question a witness during trial proceedings?

  1. To conduct cross-examination on behalf of the self-represented accused.
  2. To clarify an issue after both parties have finished questioning.
  3. To elicit additional evidence before the Crown finishes its case.
  4. To determine the weight of evidence before final submissions.

Correct Answer: B

Explanation: Judges may pose clarifying questions after counsel have completed examinations, but must not introduce new evidence or compromise judicial neutrality.

59. What is the role of the “included offence” doctrine in POA trials?

  1. It allows a joint trial with co-defendants for unrelated offences.
  2. It enables conviction for a lesser offence arising out of the same facts.
  3. It permits the court to substitute an offence carrying a higher penalty.
  4. It allows the Crown to increase the fine imposed after trial.

Correct Answer: B

Explanation: Section 55 of the POA allows for a conviction on an offence included within the one charged, commonly used when the facts support a lesser but related infraction.

60. According to the OCJ Rules, what is the general deadline for bringing pre-trial applications, and under what condition may that deadline be modified?

  1. 90 days before trial; only by consent of both parties and a motion in Superior Court.
  2. 60 days before trial; unless abridged by consent or a judicial order under rule 5.3.
  3. 30 days before trial; only by serving the Crown with a constitutional notice.
  4. 14 days before trial; unless excused by the prosecutor in writing.

Correct Answer: B

Explanation: Rule 2.4 sets a 60-day deadline for pre-trial motions, while Rule 5.3 allows a court or the parties to abridge the time where appropriate.

Case 4

Nigel represents Candace in a summary conviction matter. The alleged offence occurred 14 months ago, but the information was laid only two weeks before the trial.

Questions 61 to 63 refer to Case 4

61. What issue arises from the timeline?

  1. The indictment was improperly filed.
  2. The one-year limit for summary conviction offences may have been exceeded.
  3. The charges are ultra vires.
  4. The information must be filed in Superior Court.

Correct Answer: B

Explanation: Under section 786(2) of the Criminal Code, informations for summary conviction offences must be laid within one year. This time limit ensures timely prosecution and protects against stale claims.

62. What is Nigel’s most appropriate next step?

  1. File a motion to quash the information.
  2. Accept the plea to avoid delay.
  3. Request bail variation.
  4. File a private prosecution.

Correct Answer: A

Explanation: When an information is laid outside the prescribed time limit, the proper remedy is to challenge its validity through a motion to quash.

63. If the motion is granted and the time limit has passed, what is the likely result?

  1. The information is deemed never to have existed.
  2. The Crown must appeal to proceed.
  3. The Crown will re-lay the charge.
  4. The prosecution may be barred from reinstating the charge.

Correct Answer: D

Explanation: Once the limitation period expires, the Crown generally cannot re-lay the charge unless a statutory exception applies or new grounds emerge. This promotes finality and procedural fairness.

Administrative Law

64. What is the appropriate standard of proof for an applicant seeking to prove discrimination at the HRTO?

  1. Beyond a reasonable doubt.
  2. Preponderance of credible and corroborated evidence.
  3. Balance of probabilities.
  4. Clear and convincing evidence.

Correct Answer: C

Explanation: Human rights proceedings apply the civil standard of proof (balance of probabilities). This means it must be more likely than not that discrimination occurred.

65. What is the role of the Ontario Land Tribunal (OLT) under the Planning Act when a municipality fails to decide on a zoning by-law amendment within the statutory time frame?

  1. It must dismiss the application automatically.
  2. It may hear the appeal on the basis of the municipality’s failure to decide.
  3. It may refer the matter back to the municipality indefinitely.
  4. It has no jurisdiction until the municipality issues a formal refusal.

Correct Answer: B

Explanation: Under section 34(11) of the Planning Act, an applicant can appeal to the OLT if a municipality does not make a decision within the prescribed timeframe. This is known as a “non-decision” appeal.

66. Which of the following factors would most likely disqualify a worker from receiving Loss of Earnings (LOE) benefits?

  1. Participating in retraining.
  2. Turning 64 after the date of injury.
  3. Receiving medical care through a private insurer.
  4. Failing to co-operate in return-to-work efforts.

Correct Answer: D

Explanation: As per WSIA s. 43(3), failure to co-operate with health care or return-to-work activities can lead to suspension or reduction of LOE benefits. Participation in retraining may actually support continued eligibility.

67. What is the primary purpose of the Statutory Accident Benefits Schedule (SABS) under Ontario’s Insurance Act?

  1. To allow accident victims to sue drivers more easily.
  2. To regulate which insurance companies may sell automobile coverage.
  3. To set liability limits for third-party lawsuits.
  4. To ensure no-fault benefits are available to persons injured in motor vehicle accidents, regardless of fault.

Correct Answer: D

Explanation: SABS provides essential no-fault benefits such as medical, rehabilitation, and income replacement to those injured in automobile accidents.

68. According to the SPPA, when is a tribunal permitted to hold an electronic hearing?

  1. If permitted by tribunal rules, unless a party would suffer significant prejudice.
  2. Only when the hearing involves procedural matters.
  3. Always, unless the tribunal prefers an oral hearing.
  4. Only if both parties request it.

Correct Answer: A

Explanation: Section 5.2 of the Statutory Powers Procedure Act allows electronic hearings unless one party would be significantly prejudiced and the issue goes beyond procedure.

69. When must an internal review of an OLT decision be heard by a new panel?

  1. Only if both parties consent to the review.
  2. Always, reviews are handled by a panel different from the one that made the original decision.
  3. Only when ordered by Divisional Court.
  4. When the request raises technical or legal errors.

Correct Answer: B

Explanation: As per section 23 of the Ontario Land Tribunal Act, internal review requests are decided by a different panel to ensure fairness and procedural integrity.

70. What type of conduct may justify a tribunal ordering one party to pay costs to another?

  1. Refusing an oral hearing.
  2. Filing written submissions later than the deadline.
  3. Losing a preliminary motion.
  4. Acting in bad faith or in an unreasonable, frivolous, or vexatious manner.

Correct Answer: D

Explanation: Section 17.1 of the SPPA authorizes costs only in cases of egregious conduct, and only if the tribunal’s rules allow for such an order.

71. When may an ODSP appellant request interim assistance from the SBT?

  1. Only after the hearing date has been confirmed.
  2. When appealing the cancellation of income support, not initial denial.
  3. Only before completing the internal review.
  4. When a paralegal has signed the hearing form.

Correct Answer: B

Explanation: Interim support under s. 25 of the ODSPA is available only to existing recipients whose benefits were cancelled, not to first-time applicants appealing a denial.

72. Which of the following best describes a paralegal’s authority in administrative law proceedings?

  1. Paralegals must have permission from a judge to act in quasi-judicial hearings.
  2. Paralegals may act on all forms of judicial review under provincial or federal law.
  3. Paralegals may represent clients in proceedings permitted by By-Law 4, such as before Ontario or federal tribunals.
  4. Paralegals may represent clients in any matter involving a statutory power of decision.

Correct Answer: C

Explanation: Under By-Law 4 of the Law Society Act, paralegals may appear before certain tribunals but are prohibited from representing clients on judicial reviews or in courts unless specifically authorized.

73. What is a distinguishing feature of the Ontario Labour Relations Board (OLRB) compared to a court?

  1. It hears only appeals from courts of first instance.
  2. It actively promotes settlement through mediators.
  3. It has no rules governing evidence.
  4. It only conducts electronic hearings.

Correct Answer: B

Explanation: The OLRB emphasizes early resolution and uses in-house mediators in nearly every case, making settlement a central feature of its process.

74. Under what condition may a landlord change the locks of a residential rental unit?

  1. Upon serving a notice of entry.
  2. After filing an application to the Landlord and Tenant Board.
  3. If the locks are replaced and the tenant is provided with a new key.
  4. Only after the tenant has missed rent payments.

Correct Answer: C

Explanation: Section 24 of the Residential Tenancies Act permits lock changes only if a new key is immediately provided to the tenant. Otherwise, it may constitute an illegal lockout.

75. In which of the following scenarios would a court most likely refuse to engage in judicial review?

  1. A tribunal’s enabling statute was allegedly misinterpreted.
  2. A decision was made by a federal board under the Federal Courts Act.
  3. A licensing board issued a final written decision denying a permit.
  4. A party failed to pursue available internal appeal or reconsideration mechanisms.

Correct Answer: D

Explanation: Judicial review is a discretionary remedy. Courts often decline to intervene if an applicant has failed to exhaust internal appeal or reconsideration options.

76. According to the OLT Rules, who has the right to make opening and final submissions, call witnesses, and cross-examine others during a hearing?

  1. The Chair of the hearing only.
  2. Only municipal parties.
  3. Participants.
  4. Parties.

Correct Answer: D

Explanation: Only parties, as defined by the Ontario Land Tribunal, enjoy full procedural rights, including calling and cross-examining witnesses, making submissions, and requesting costs. Participants may present statements but cannot engage in the hearing to the same degree.

77. Which of the following is true regarding the Human Rights Code’s approach to reprisal?

  1. The applicant must prove the original rights violation was successful.
  2. Reprisal is only actionable if it includes workplace discipline.
  3. Reprisal is established by showing retaliation was linked to asserting Code-based rights.
  4. Reprisal requires proof of systemic discrimination.

Correct Answer: C

Explanation: Reprisal occurs when someone faces negative consequences for asserting their rights under the Code. Proof of a successful rights violation isn’t required, just that the retaliation was tied to exercising those rights.

Case 5

Jeremy is a paralegal who frequently represents landlords at the Landlord and Tenant Board (LTB). He is approached by Simone, a landlord, and her property manager, Alex, about a tenant who is behind on rent. Simone provides Jeremy with a $1,000 retainer and a copy of a 14-day notice to terminate the tenancy for non-payment of rent that Alex issued to the tenant one week earlier.

Questions 78 to 80 refer to Case 5

78. What is the first step Jeremy must take before proceeding with an application to the LTB?

  1. Review whether the notice to terminate meets statutory requirements under the RTA.
  2. File the LTB application immediately since the 14-day notice was issued.
  3. Serve a second notice to terminate with an earlier termination date.
  4. Contact the tenant to advise them of their legal rights.

Correct Answer: A

Explanation: A defective notice, improperly served or lacking required details, can render an LTB application invalid. Reviewing compliance with the Residential Tenancies Act is a necessary first step to avoid dismissal.

79. Suppose the tenant pays all arrears and related costs before the termination date listed in the notice. How must Jeremy advise Simone?

  1. That the LTB will impose additional penalties on the tenant.
  2. That she must issue a new notice with a shorter notice period.
  3. That the tenancy will continue and the application cannot proceed.
  4. That she may still proceed with the eviction because the notice was already served.

Correct Answer: C

Explanation: Section 59(3) of the RTA voids a notice if all arrears and costs are paid before the termination date. In such cases, the tenancy continues as if the notice had never been served.

80. After the matter is resolved, Jeremy closes the file. What action should he take next?

  1. Email the LTB to confirm they received the file.
  2. Shred the file immediately for client confidentiality.
  3. Return the original notice to terminate to Simone.
  4. Issue a reporting letter summarizing the outcome.

Correct Answer: D

Explanation: A reporting letter is both best practice and professional obligation. It documents the services provided, outlines the outcome, and confirms that the matter has been properly concluded.