P1 Practice Exam A - Questions and Answers

Professional Responsibility

1. Paralegal Nina receives a medical report that could emotionally upset her client, Hannah. What is the most ethical course of action?

  1. Disclose it fully without comment.
  2. Decline to release it under any circumstances.
  3. Advise Hannah to review it with her doctor but provide it if she insists.
  4. Summarize the report and share only the less sensitive portions.

Correct Answer: C

Explanation: When a report might cause distress, the paralegal should recommend that the client review it with a health professional, but must still provide it upon request.

2. Paralegal Dev launches a new practice and wants to advertise. Which of the following would breach the Paralegal Rules of Conduct?

  1. Listing flat rates for small claims matters.
  2. Promoting contingency fees with clear terms.
  3. Calling the firm “Legal Aid Advocates.”
  4. Describing the office as “specializing in landlord-tenant disputes.”

Correct Answer: C

Explanation: Names that suggest an official connection to government bodies, like Legal Aid, are misleading and not permitted under the Rules.

3. A potential client declines to reveal whether another paralegal previously represented them in the same matter. How should Paralegal Mira respond?

  1. Assume no conflict and proceed.
  2. Accept the case but note the omission.
  3. Continue with intake and revisit later.
  4. Decline the matter due to an inability to check for conflicts.

Correct Answer: D

Explanation: Without this information, the paralegal cannot properly assess for conflicts of interest and must therefore decline the engagement.

4. Why is cultural competence important in a paralegal’s work with clients?

  1. It ensures communication is efficient and standardized.
  2. It helps build rapport through shared assumptions.
  3. It supports fair service by recognizing bias and difference.
  4. It limits discussions to only legal issues.

Correct Answer: C

Explanation: Cultural competence promotes ethical, inclusive practice by addressing unconscious bias and supporting meaningful understanding of each client's background.

5. Paralegal Selene is assisting an Indigenous client in a housing dispute. How should she approach understanding the client’s background?

  1. Focus strictly on statutory law and exclude cultural considerations.
  2. Assume all Indigenous communities operate the same way.
  3. Research the client’s specific community, recognizing legal and cultural diversity.
  4. Rely on commonly known Indigenous practices for context.

Correct Answer: C

Explanation: Ethical representation involves recognizing that Indigenous legal traditions are diverse and learning about the specific experiences of the community being served.

6. Paralegal Ravi is helping a client with cognitive difficulties who gives unclear and potentially harmful instructions. What should Ravi do?

  1. Carry out the instructions as provided.
  2. Suggest bringing in a legally authorized representative and continue supporting the client.
  3. Decline to act until the client regains full capacity.
  4. Modify the instructions to protect the client’s interests.

Correct Answer: B

Explanation: Paralegals must balance client autonomy with protection. Involving a representative allows continued service while safeguarding the client’s interests.

7. During research, Paralegal Theo finds a case that undermines his client’s position. What should he do?

  1. Withhold the case unless the tribunal asks for it.
  2. Raise the case and argue why it should not apply.
  3. Present alternate cases and ignore the one that’s harmful.
  4. Mention the case vaguely without analysis.

Correct Answer: B

Explanation: Ethical advocacy includes presenting relevant legal authority, even if unfavourable, and offering a reasoned explanation as to its inapplicability.

8. Paralegal Talia is approached to act against a former client in a related matter. What is the most ethical response?

  1. Proceed carefully since she doesn’t recall confidential details.
  2. Take the file but avoid referencing the earlier matter.
  3. Accept only with both parties’ written consent.
  4. Decline the new matter due to continuing duties.

Correct Answer: D

Explanation: Even if the paralegal doesn’t remember specifics, the duty of loyalty and confidentiality continues. She must decline to avoid ethical conflict.

9. Paralegal Jonah is preparing an engagement letter for a complex file. Why is this document important?

  1. It confirms the paralegal’s license is valid.
  2. It allows flexible scope changes during the matter.
  3. It sets expectations and prevents misunderstandings.
  4. It limits client contact to written communication.

Correct Answer: C

Explanation: A written engagement helps clarify the nature of services, fees, and scope, reducing the chance of disputes or confusion.

10. A paralegal is traveling internationally with a laptop containing confidential client files. At the border, an officer requests access to the device for inspection. What is the most appropriate action to protect client confidentiality?

  1. Remove all confidential client files from the device before crossing the border.
  2. Allow the officer unrestricted access to the device.
  3. Refuse the search and cite confidentiality rules.
  4. Encrypt the files and provide access only if ordered to do so.

Correct Answer: A

Explanation: Confidentiality obligations extend to electronic records. The safest practice is to avoid traveling with sensitive client information unless absolutely necessary.

11. A paralegal is reviewing their accounting software for compliance with By-Law 9. Which of the following is not required?

  1. Generation of trust-specific financial reports.
  2. Capability to produce hard copies for audit.
  3. Automatic transfers between trust and general accounts.
  4. Posting to client sub-ledgers.

Correct Answer: C

Explanation: Trust-to-general transfers must be manually authorized. Automation poses risk of unauthorized movement of client funds.

12. Who presides over Convocation at the Law Society of Ontario?

  1. The Lieutenant Governor.
  2. The Treasurer.
  3. The Attorney General.
  4. The Chief Executive Officer.

Correct Answer: B

Explanation: The Treasurer is elected by benchers and leads Convocation, where major governance decisions are made.

13. Paralegal Elise receives a formal inquiry from the Law Society about a client complaint. What must she do?

  1. Wait to see if the complaint is valid.
  2. Respond fully and promptly to the inquiry.
  3. Offer partial details until more is known.
  4. Delay response while reviewing the file.

Correct Answer: B

Explanation: Rule 9.01(1) requires paralegals to cooperate with Law Society investigations and respond completely, regardless of the complaint's outcome.

14. A paralegal is subpoenaed to testify about a former client. They believe the testimony could breach confidentiality. What is the most ethical step?

  1. Refuse to appear.
  2. Disclose general information only.
  3. Assert privilege and seek legal advice before responding.
  4. Comply fully without raising concerns.

Correct Answer: C

Explanation: Paralegals must protect client confidentiality. They should assert privilege and seek legal guidance before disclosing any information.

15. A paralegal is preparing for a virtual tribunal hearing. What does their duty of technological competence require?

  1. Avoid technology unless mandated.
  2. Assign tech management to staff.
  3. Understand and prepare to use the tribunal’s platform securely.
  4. Let the opposing party manage the technical side.

Correct Answer: C

Explanation: Paralegals must understand the tools they use, especially when those tools relate to client confidentiality and access to justice.

16. Paralegal Damien receives funds from a new client to begin work. What is his obligation under By-Law 9?

  1. Deposit to a personal savings account.
  2. Hold the funds until the client confirms services.
  3. Deposit into a designated trust account by the next banking day.
  4. Add to a general operating account for flexibility.

Correct Answer: C

Explanation: Funds received for future services must be deposited into a trust account by the end of the following banking day.

17. A paralegal is representing a client in a criminal matter. The client has not paid fees, and trial begins in five days. What must the paralegal do?

  1. Apply to withdraw, citing more than just non-payment.
  2. Step away from the file immediately.
  3. Proceed to trial regardless.
  4. Ask the tribunal to replace them with duty counsel.

Correct Answer: A

Explanation: Withdrawal may be permitted but not solely for non-payment if it jeopardizes the client’s ability to find new representation.

18. A paralegal receives a retainer but hasn’t issued a statement of account. They withdraw part of it for anticipated fees. What does this action represent?

  1. A discretionary billing practice.
  2. A breach of trust account rules.
  3. A permissible early draw for services.
  4. A normal adjustment for upcoming costs.

Correct Answer: B

Explanation: Client funds in trust may only be withdrawn after the work is done and a proper invoice is issued.

19. Paralegal Fiona is a director of a company tied to a legal matter she’s handling for a client. What must she do if her roles could create a conflict?

  1. Withdraw immediately.
  2. Decline to give any legal advice on corporate matters.
  3. Continue only after disclosing the conflict and getting informed consent.
  4. Proceed based on client instruction alone.

Correct Answer: C

Explanation: When a personal interest or outside role creates a potential conflict, the paralegal must fully disclose it and obtain the client’s informed consent.

20. Paralegal Jonah learns a colleague misappropriated client funds. What is his professional duty?

  1. Confront them privately and give a chance to fix it.
  2. Notify the Law Society immediately.
  3. Wait to see if the client complains.
  4. Recommend the client take civil action.

Correct Answer: B

Explanation: Paralegals must report serious misconduct, including misappropriation of trust funds, under Rule 9.01(2).

21. While assisting a client with a legal matter, Paralegal Jonah learns that a new law has drastically changed the rules that apply. What should he do?

  1. Proceed under the older version of the law to stay consistent.
  2. Inform the client and revise the strategy to reflect the new law.
  3. Step down due to the uncertainty created by the change.
  4. Avoid discussing the law change to avoid confusing the client.

Correct Answer: B

Explanation: Paralegals must stay up to date with legal changes. Providing informed advice means adapting strategies and updating clients as the legal landscape evolves.

22. Paralegal Tasha needs to withdraw trust funds to cover completed legal services. What method is permitted under By-Law 9?

  1. Use a cheque signed by Tasha or another authorized licensee.
  2. Transfer the money via online banking to her general account.
  3. Withdraw the funds in cash using a debit card.
  4. Request a bank draft made out to “cash.”

Correct Answer: A

Explanation: Withdrawals must be traceable and properly recorded. Only specific methods, like a signed cheque, are acceptable for accessing trust funds.

23. Paralegal Omar learns that his client has withheld critical evidence and refuses to disclose it. What should Omar do?

  1. Continue without disclosing and hope it remains unnoticed.
  2. Inform the client the conduct may be fraudulent and refuse to proceed.
  3. Withdraw from the case without explanation.
  4. Notify the opposing side privately to avoid court delays.

Correct Answer: B

Explanation: Knowingly allowing a client to conceal material evidence is unethical. The paralegal must not proceed unless the client agrees to full disclosure.

24. After leaving her firm, Paralegal Rina is contacted by former clients. What is her responsibility?

  1. Let the firm handle communication to avoid overstepping.
  2. Give only verbal notice to each client to maintain privacy.
  3. Tell clients to stay with the firm regardless of preference.
  4. Notify clients of their options without pressure or solicitation.

Correct Answer: D

Explanation: Clients must be informed of their choices when a paralegal leaves a firm. Ethical practice requires clear notice, without influence.

25. Paralegal Ellie plans to cross a border with her work laptop, which contains sensitive files. What should she do?

  1. Allow border officials full access to avoid delays.
  2. Refuse access and cite her confidentiality obligations.
  3. Remove confidential files before traveling.
  4. Store files in a locked folder and move them later.

Correct Answer: C

Explanation: Avoiding transport of client files across borders is the safest way to prevent unintentional confidentiality breaches during inspections.

26. Paralegal Dev is checking his file management process. Which feature is not a required component?

  1. A conflict-checking system.
  2. A secure place for client belongings.
  3. A process to destroy files immediately after closing.
  4. A tool to track key deadlines.

Correct Answer: C

Explanation: Files must be kept for a specified retention period. Destroying them immediately after completion may breach professional obligations.

27. While handling a matter, Paralegal Kim notices a minor procedural mistake by opposing counsel that doesn’t affect the case outcome. What should she do?

  1. Inform the other side to allow correction.
  2. Use the mistake to delay proceedings.
  3. Ignore the error and see if it causes problems later.
  4. Rely on the mistake to gain leverage.

Correct Answer: A

Explanation: Ethical conduct includes professionalism and fairness. Rule 7.01 discourages taking advantage of honest procedural errors when no harm is done.

28. Paralegal Jordan is retained to handle a case that’s technically within his scope, but he lacks experience with this particular tribunal. What should he do?

  1. Accept the file but postpone work until he researches it.
  2. Decline due to unfamiliarity.
  3. Consult a qualified licensee with the client’s informed consent.
  4. Proceed using general administrative law knowledge.

Correct Answer: C

Explanation: A paralegal may take on a new matter if they can become competent without delay, risk, or extra cost, often by consulting an experienced colleague.

29. In a tribunal hearing, Paralegal Leila realizes her client’s witness provided false testimony. The witness refuses to correct it. What must Leila do?

  1. Raise the issue only if the other party notices.
  2. Allow the testimony and prepare to clarify later.
  3. Notify the tribunal and take steps to correct the record.
  4. Ask the client to decide whether to disclose the truth.

Correct Answer: C

Explanation: Paralegals must not allow tribunals to be misled. If false evidence arises, they must address it promptly, even if it negatively affects their client.

Case 1

Nina, a licensed paralegal, is approached by Blake and Morgan, two business partners, to jointly represent them in a civil dispute involving breach of contract allegations against their company. Blake insists that the partnership interests are aligned and that Nina should accept the joint retainer. However, Morgan later expresses concerns about Blake’s handling of company funds and suggests that their legal strategies may diverge as the case progresses.

Questions 30 to 32 refer to Case 1

30. Before proceeding with joint representation, what is Nina’s most ethical obligation?

  1. Accept the retainer since Blake confirms both parties are aligned.
  2. Perform a conflict-of-interest analysis to determine if dual representation is appropriate.
  3. Represent Morgan alone and refer Blake to another paralegal.
  4. Allow Blake to make decisions for both clients based on efficiency.

Correct Answer: B

Explanation: Under Rule 3, a paralegal must assess whether a conflict exists before accepting a joint retainer. Even when clients appear to be aligned, an objective conflict check is required to ensure independent judgment can be maintained.

31. During a consultation, Morgan privately tells Nina something that contradicts Blake’s account of company finances. What is Nina’s most ethical response?

  1. Continue representing both clients but avoid using the conflicting information.
  2. Withdraw from representing both clients due to the conflict.
  3. Inform Blake of Morgan’s disclosure and seek agreement before continuing.
  4. Proceed by representing Blake alone and remove Morgan from the file.

Correct Answer: B

Explanation: Contradictory confidential information creates a direct conflict. Rule 3.04 prohibits continuing joint representation when such conflicts can’t be reconciled with informed consent.

32. After withdrawing, Morgan asks Nina for a referral to a new paralegal. What should Nina do?

  1. Decline, to maintain neutrality between the parties.
  2. Refer him to a competent licensee but without sharing any confidential details.
  3. Provide detailed case summaries to speed up the new paralegal’s work.
  4. Recommend retaining a lawyer instead due to potential ethical issues.

Correct Answer: B

Explanation: Paralegals may offer referrals, but must not share confidential client information during or after a retainer, even when helping a client transition.

Case 2

Leo, a paralegal, is retained by a property management company to handle a landlord-tenant dispute. The company sends $10,000 as a money retainer and requests that Leo hold the funds in a personal escrow account for convenience rather than depositing them in a designated trust account.

Questions 33 to 35 refer to Case 2

33. What is Paralegal Leo’s most ethical obligation regarding the client’s funds?

  1. Deposit the funds into a trust account by the end of the next banking day.
  2. Hold the funds in a personal escrow account as requested.
  3. Return the funds and decline the retainer due to ethical risks.
  4. Use the funds immediately for file-related expenses.

Correct Answer: A

Explanation: By-Law 9 requires that client funds be deposited into a trust account no later than the end of the next banking day. Holding them elsewhere, such as a personal escrow account, breaches trust account obligations.

34. Leo withdraws $3,000 from the trust account for legal fees but hasn't issued a statement of account. What best describes this action?

  1. It’s permitted if the funds were meant for legal work.
  2. It violates rules, since no statement of account was issued.
  3. It’s acceptable if the client gave verbal consent.
  4. It’s allowed if the services were mostly completed.

Correct Answer: B

Explanation: Withdrawals from trust for fees must only occur after a formal account is issued. Taking funds without documentation risks misappropriation and misconduct findings.

35. After receiving the account, Leo’s client disputes several charges as unauthorized. What is Leo’s most ethical obligation?

  1. Refund the disputed amount immediately to avoid conflict.
  2. Explain each charge clearly and revise the account if appropriate.
  3. Maintain the invoice as issued since services were delivered.
  4. Withdraw further funds from trust to cover potential client claims.

Correct Answer: B

Explanation: Transparent billing is essential. Leo must clarify each charge and make adjustments if warranted, preserving ethical standards and client confidence.

Jurisdiction and Fundamentals

36. Under Ontario’s land registration system, what is the primary difference between the registry system and the land titles system?

  1. The registry system requires government approval for transactions.
  2. The land titles system confirms ownership without requiring historical document review.
  3. The registry system guarantees valid title to all parties.
  4. The land titles system excludes mortgages from the public record.

Correct Answer: B

Explanation: The land titles system eliminates the need to review prior instruments by guaranteeing title. The registry system does not offer this assurance and requires examination of the chain of title.

37. What priority does a repairer’s possessory lien have under the Repair and Storage Liens Act (RSLA)?

  1. It can be challenged by a perfected security interest.
  2. It ranks above all other interests, even those registered under the PPSA.
  3. It loses validity if not renewed after 30 days.
  4. It is secondary to prior equitable charges.

Correct Answer: B

Explanation: Under section 6 of the RSLA, a repairer’s possessory lien has top priority, even over perfected security interests, so long as possession of the item is maintained.

38. Under Canadian property law, what is the defining characteristic of a fee simple estate?

  1. It ends when the holder dies.
  2. It provides the owner with full control to sell, lease, or mortgage the land.
  3. It can be transferred only with municipal approval.
  4. It limits the holder’s use of the property to residential purposes.

Correct Answer: B

Explanation: A fee simple estate is the highest interest in land ownership available under Canadian law, allowing full control subject to legal restrictions.

39. What rights does a consumer have under Ontario’s Consumer Protection Act (CPA) if subjected to an unfair or unconscionable practice?

  1. The consumer may request a refund through the government.
  2. The consumer may cancel the contract and claim damages.
  3. The merchant must renegotiate the original terms.
  4. The consumer is limited to requesting mediation.

Correct Answer: B

Explanation: Section 18 of the CPA allows consumers to rescind contracts and seek damages if unfair or deceptive practices were involved in forming the agreement.

40. According to the Consumer Protection Act, 2002, when does a consumer agreement fall under its jurisdiction?

  1. Only if the goods or services exceed $500 in value.
  2. If the consumer or supplier is located in Ontario at the time of the transaction.
  3. When both parties reside in Ontario.
  4. Only if the transaction involves regulated financial products.

Correct Answer: B

Explanation: Per section 2(1) of the CPA, jurisdiction applies when either party is in Ontario at the time of the transaction. The Act includes certain exemptions but applies broadly in scope.

41. Under Ontario’s Limited Partnerships Act, which action may cause a limited partner to lose liability protection?

  1. Holding shares in other partnerships.
  2. Participating directly in business operations.
  3. Advising on partnership investments.
  4. Increasing their capital contribution.

Correct Answer: B

Explanation: Section 13 of the LPA provides that a limited partner who takes part in managing the business may be treated as a general partner and lose limited liability status.

42. Which of the following is not recognized by the Supreme Court of Canada as an analogous ground under Section 15(1) of the Charter?

  1. Sexual orientation.
  2. Parental status.
  3. Marital status.
  4. Profession or occupation.

Correct Answer: D

Explanation: Analogous grounds are those that are either immutable or fundamental to a person’s identity. Profession or occupation has not been accepted as such by the Supreme Court.

43. Under Ontario’s Business Names Act, when must a sole proprietor register a business name?

  1. Only if the business generates more than $30,000 annually.
  2. When the name used differs from their legal name.
  3. If the business offers services to the public online.
  4. Only after hiring employees.

Correct Answer: B

Explanation: A business name must be registered if it does not match the sole proprietor’s personal legal name. This promotes transparency in business dealings.

44. What principle ensures that all governmental actions in Canada must be legally authorized?

  1. Parliamentary supremacy.
  2. The rule of law.
  3. Judicial independence.
  4. Responsible government.

Correct Answer: B

Explanation: The rule of law ensures that all government actions and legislation are subject to established legal frameworks and that no one is above the law.

45. How can a sole proprietor in Ontario help reduce personal liability?

  1. By hiring only independent contractors.
  2. By incorporating the business retroactively.
  3. By obtaining insurance or using contracts to shift risk.
  4. By registering under a trade name.

Correct Answer: C

Explanation: Sole proprietors are personally liable for business debts. Insurance and well-drafted contracts are effective tools to mitigate that exposure.

46. What restriction applies to a life tenant's use of property?

  1. They cannot sell the property without consent from the remainderman.
  2. They must leave the property in the same condition as they received it.
  3. They must transfer title before death.
  4. They are not responsible for operational costs like taxes and utilities.

Correct Answer: B

Explanation: A life tenant may use the property during their lifetime but must preserve its condition. They are responsible for basic expenses but not for structural repairs or principal mortgage payments.

47. The “POGG” power in the Constitution Act, 1867 grants federal legislative authority in certain cases. Which of the following is not a recognized branch of this power?

  1. Residual authority over unenumerated subjects.
  2. National concern.
  3. National emergency.
  4. Provincial incapacity.

Correct Answer: D

Explanation: The Peace, Order, and Good Government clause permits federal intervention in three areas: national emergency, national concern, and residual matters. “Provincial incapacity” is not one of them.

Case 3

The Province of Norlandia The provincial government of Norlandia enacts a new law requiring all citizens to carry digital identification linked to a government app. The law is passed by Norlandia’s Legislative Assembly and receives Royal Assent from the Lieutenant Governor. Several citizens challenge the law, arguing it violates their rights under the Canadian Charter of Rights and Freedoms. The province also delegates authority to municipalities to enforce compliance through local by-laws. A paralegal named Jordan is retained by the citizens to assist with the legal challenge.

Questions 48 to 50 refer to Case 3

48. Citizens argue that a new law unjustly infringes on privacy rights. What is the first constitutional principle Jordan should consider?

  1. Whether the legislation received unanimous support in the assembly.
  2. Whether the law falls under municipal jurisdiction.
  3. The rule of law and whether the law is consistent with the Constitution.
  4. The doctrine of parliamentary supremacy.

Correct Answer: C

Explanation: The rule of law is a foundational constitutional principle that requires all laws and government actions to comply with the Constitution. Jordan must first determine whether the legislation respects Charter-protected rights.

49. Jordan challenges a municipal by-law as exceeding its legal authority. What must he prove for the court to strike it down?

  1. That provincial officers were excluded from enforcement.
  2. That the by-law was passed after the enabling statute.
  3. That it exceeds the authority granted by provincial legislation.
  4. That local residents opposed it in a referendum.

Correct Answer: C

Explanation: Municipalities derive their powers from the province. A by-law is invalid (ultra vires) if it goes beyond the scope of authority delegated by provincial legislation.

50. The province amends the law, but a Charter violation is still alleged. What can the court do if it finds the law unjustifiably limits Charter rights?

  1. Recommend changes to improve clarity.
  2. Strike down the law or apply a constitutional remedy.
  3. Transfer the case to federal Parliament for review.
  4. Rewrite the legislation to remove the violation.

Correct Answer: B

Explanation: Courts can strike down unconstitutional laws or apply remedies under section 24(1) of the Charter, including declarations of invalidity or directions for compliance.

Civil Litigation

51. How are exclusionary clauses in contracts treated under Canadian law?

  1. They are automatically unenforceable if harm occurs.
  2. They require approval by both parties in open court.
  3. They are generally enforceable unless they violate public policy or are unconscionable.
  4. They are void unless each party waives liability in writing.

Correct Answer: C

Explanation: Exclusionary clauses that limit liability are typically upheld unless they were unconscionable when agreed upon or would result in unfairness or breach of public policy.

52. Before filing a claim in Small Claims Court, what must a plaintiff consider?

  1. Whether the defendant has appeared in Small Claims Court before.
  2. Whether the claim can be split to stay under the monetary cap.
  3. Whether the defendant has garnishable assets and the amount falls within the $35,000 limit.
  4. Whether filing in a different location would save court fees.

Correct Answer: C

Explanation: Plaintiffs must assess whether their claim meets jurisdictional limits and whether, if successful, there are assets or income available for enforcement.

53. How is the standard of care assessed for individuals with physical disabilities in negligence cases?

  1. They are judged according to the standard of a reasonable person with similar limitations.
  2. They are exempt from liability due to their condition.
  3. They are held to the identical standard as able-bodied individuals.
  4. Their condition is only considered if they hold professional licenses.

Correct Answer: A

Explanation: Courts consider what a reasonable person with the same disability would have done, which may include taking additional care or avoiding certain activities.

54. What factors may lead a court to change the location of a trial?

  1. Whether the parties agree on a change.
  2. How many settlement offers were exchanged pre-trial.
  3. Where the witnesses are, costs involved, court workload, and convenience.
  4. The size of each party’s legal team.

Correct Answer: C

Explanation: The “balance of convenience” test assesses logistics and fairness, including how the location affects parties, witnesses, costs, and court capacity.

55. Which negotiation style focuses on resolving mutual interests rather than claiming victory?

  1. Litigotiation.
  2. Competitive negotiation.
  3. Cooperative bargaining.
  4. Positional bargaining.

Correct Answer: C

Explanation: Cooperative bargaining is aimed at finding shared solutions by prioritizing both parties’ interests, a hallmark of interest-based negotiation.

56. What is a key procedural difference between electronic and paper filing of a plaintiff’s claim?

  1. Electronic filings don’t require separate copies for each defendant.
  2. Paper filings are valid only with judicial approval.
  3. Only claims above $25,000 are eligible for electronic filing.
  4. Electronic filings are charged additional service fees.

Correct Answer: A

Explanation: Electronic filings streamline procedures and don’t require multiple copies at the time of filing, unlike paper-based submissions.

57. When might a court refuse to enforce a settlement agreement?

  1. If either party later reconsiders the deal.
  2. If the paralegal lacked clear authority to bind the client.
  3. If prior rulings aren’t mentioned in the settlement.
  4. If the plaintiff later demands a trial.

Correct Answer: B

Explanation: A settlement is binding unless it’s shown the paralegal lacked the proper authority. Without clear authorization, enforcement may be denied.

58. How is Ontario’s court system organized for administrative purposes under the Courts of Justice Act?

  1. It is governed by one central administrative board.
  2. It operates regionally, divided into eight areas each overseen by a senior judge.
  3. Each courthouse sets its own rules and structure.
  4. All matters are reviewed centrally in Toronto after local hearings.

Correct Answer: B

Explanation: Ontario is split into eight administrative regions, each managed by a senior judge to ensure consistency and efficiency across the province.

59. What is a key difference between a derivative action and an oppression remedy claim?

  1. Derivative actions focus on enforcing the corporation’s rights; oppression claims protect personal stakeholder interests.
  2. Oppression remedies are brought by directors, while derivative actions are only for creditors.
  3. Derivative actions always require shareholder approval.
  4. Oppression claims can’t be used to remove directors.

Correct Answer: A

Explanation: Derivative actions are intended to protect corporate rights on behalf of the company, while oppression claims address unfair conduct that harms individuals.

60. What may affect a judge’s decision to order or waive interest on a judgment?

  1. If the creditor has substantial financial reserves.
  2. Whether the debtor attempted partial payments before trial.
  3. If the payment delay was caused by circumstances beyond the debtor’s control.
  4. Whether the winning party declined mediation.

Correct Answer: C

Explanation: Courts can consider equitable factors such as delays caused by illness, natural disasters, or other unavoidable circumstances under Sections 128–130 of the Courts of Justice Act.

61. What is the legal standard for striking out a pleading under Rule 12.02(1) in Small Claims Court?

  1. The pleading must contain factual errors requiring correction before proceeding.
  2. The pleading must reference outdated legal principles that create confusion.
  3. The pleading must be overly complex, creating inefficiencies at trial.
  4. The pleading must disclose no reasonable cause of action or defence, even when read generously.

Correct Answer: D

Explanation: Rule 12.02(1) allows the court to strike pleadings with no legal merit. If, even when read generously, the pleading discloses no viable claim or defence, it may be struck out.

62. What is a fundamental purpose of pleadings in Small Claims Court litigation?

  1. To dictate how the court will rule on legal issues.
  2. To summarize applicable laws to assist the judge.
  3. To provide a clear record of issues and prevent relitigation.
  4. To outline the procedural framework for trial.

Correct Answer: C

Explanation: Pleadings define the legal and factual foundation of the case and help the court and opposing party understand the dispute. They also prevent repeated litigation of resolved matters.

63. What is the significance of the limitation period in civil litigation?

  1. It’s a guideline, not a legal requirement.
  2. It applies only in criminal matters.
  3. If a claim is not filed in time, it may be permanently barred.
  4. Filing a preliminary notice stops the limitation clock indefinitely.

Correct Answer: C

Explanation: Most civil claims must be started within two years of discovery. After that period, the action is typically time-barred under the Limitations Act, 2002.

64. What is the fundamental policy behind Canadian contract law?

  1. Enforcing mandatory government terms in all contracts.
  2. Recognizing freedom of contract and allowing parties to define their terms.
  3. Automatically imposing financial penalties for broken promises.
  4. Requiring court approval before contracts are binding.

Correct Answer: B

Explanation: Contract law respects the parties’ right to voluntarily negotiate binding terms, provided they meet legal requirements. Courts uphold this autonomy unless enforcement is unfair or illegal.

65. What duty do manufacturers owe to consumers regarding product risks?

  1. Warn about potential dangers unless the risks are obvious or commonly known.
  2. Provide warnings only for new products or recent defects.
  3. Warn only when regulated substances are involved.
  4. Include warnings only if requested by the consumer.

Correct Answer: A

Explanation: Manufacturers must warn of non-obvious dangers related to their products, even after the sale, and ensure those warnings are accessible and understandable.

66. Which factors help determine whether a worker is classified as an employee or an independent contractor?

  1. The worker’s job title and access to benefits.
  2. The employer’s control, financial risk, and profit opportunity.
  3. The employer’s industry and number of employees.
  4. The length of time the worker has been retained.

Correct Answer: B

Explanation: Courts assess various factors, especially the degree of control, financial independence, and ability to earn profit, to determine the nature of the working relationship.

67. How should a paralegal mark exhibits during a trial?

  1. Combine similar exhibits to save time.
  2. Use alphabetical labels and present them in batches.
  3. Number them consecutively and provide a brief description to court staff.
  4. Submit all exhibits electronically prior to the hearing.

Correct Answer: C

Explanation: Exhibits must be clearly labeled and described so the court can create a formal, traceable record. This helps preserve the integrity of trial evidence.

68. Why is it important to analyze pleadings thoroughly before trial?

  1. To ensure all parties are named and the legal issues are properly framed.
  2. To convince the court to rule on evidence in advance.
  3. To preclude unwanted testimony during the hearing.
  4. To request alternative procedural rules.

Correct Answer: A

Explanation: Careful analysis ensures that claims and defences are fully developed and all necessary issues are addressed before trial begins.

69. What post-employment obligation does an employee have regarding confidentiality?

  1. To avoid the same industry for at least five years.
  2. To disclose prior policies to future employers.
  3. To maintain confidentiality of trade secrets and proprietary information.
  4. To return all knowledge gained during employment.

Correct Answer: C

Explanation: Even after leaving a job, employees must protect confidential information such as client lists, pricing strategies, and proprietary processes. General knowledge and skills may still be used.

70. When does PIPEDA apply in the context of litigation?

  1. Only when both parties are individuals.
  2. Only if the dispute involves government documents.
  3. When personal information is handled by commercial organizations.
  4. Never, as litigation is exempt from privacy regulation.

Correct Answer: C

Explanation: PIPEDA applies to commercial entities using personal information. It does not apply in purely personal contexts, but can affect how businesses handle evidence in litigation.

71. What must be included in an affidavit for enforcement request when seeking to enforce a judgment in another territorial division?

  1. A review of prior judicial decisions relevant to enforcement.
  2. Approval from the original court that issued the judgment.
  3. A statement confirming the debtor’s intention to comply.
  4. The amount outstanding, considering any payments received since judgment.

Correct Answer: D

Explanation: A creditor must include the outstanding balance and payment history when requesting cross-territorial enforcement, along with a certificate of judgment.

72. What is one of the main advantages of alternative dispute resolution (ADR) compared to traditional litigation?

  1. The ability to select a neutral decision-maker based on expertise.
  2. Full judicial oversight of each stage in the process.
  3. Use of court-imposed Rules of Civil Procedure.
  4. Automatic dismissal of related future claims.

Correct Answer: A

Explanation: ADR offers flexibility by allowing parties to choose qualified neutrals like arbitrators or mediators. In court, judges are assigned and cannot be selected.

73. What is the primary goal of negotiation during the discovery stage?

  1. To identify areas of agreement and encourage pretrial resolution.
  2. To finalize witness lists for hearing.
  3. To prove which party has the stronger evidence.
  4. To complete judicial disclosure requirements.

Correct Answer: A

Explanation: Discovery negotiations help narrow issues, foster settlement, and reduce the need for trial through voluntary information sharing.

74. How does the common law treat the form of contracts?

  1. Both oral and written contracts are generally enforceable.
  2. All valid contracts must be in writing.
  3. Only sealed documents are binding.
  4. Verbal contracts must be confirmed in writing within 24 hours.

Correct Answer: A

Explanation: The common law does not require contracts to be written. However, certain statutes, like the Statute of Frauds, impose writing requirements for specific contract types.

75. Under the thin-skull rule, how does a pre-existing condition affect a defendant’s liability?

  1. The defendant is only liable for ordinary damages.
  2. The defendant must compensate fully, even if the harm was unforeseeable.
  3. The defendant is exempt if unaware of the condition.
  4. The plaintiff must prove they weren’t harmed by the condition alone.

Correct Answer: B

Explanation: The thin-skull rule holds defendants fully liable for all harm caused, even if the plaintiff's vulnerability led to more serious injury than expected.

76. What is the effect of failing to appoint a litigation guardian when required?

  1. The case is struck automatically and cannot continue.
  2. The action proceeds, but all pleadings must be refiled.
  3. The irregularity may be cured by appointing a guardian later.
  4. The claim is converted into a mediation process.

Correct Answer: C

Explanation: Proceedings involving parties under disability require a litigation guardian. If one is missing, the court may appoint one to correct the defect and allow the action to continue.

77. What legal test applies when assessing whether a duty of care exists in novel situations?

  1. Whether financial harm alone was foreseeable.
  2. Whether proximity exists and harm was reasonably foreseeable, unless policy reasons negate the duty.
  3. Whether a valid contract existed between the parties.
  4. Whether a judge considers it fair and equitable on a case-by-case basis.

Correct Answer: B

Explanation: Courts use the Anns/Cooper test to determine duty of care: proximity and foreseeability are the threshold, followed by any overriding policy reasons.

78. What determines a reasonable notice period when an indefinite-term employee is terminated?

  1. Whether the employee preferred a different date.
  2. The employee’s role, length of service, and job market availability.
  3. The financial status of the employer.
  4. The company’s internal human resources policies.

Correct Answer: B

Explanation: Reasonable notice depends on service length, seniority of role, and how easy it is to find similar work. This framework helps ensure fairness in terminations.

79. What is a major distinction between mediation and arbitration?

  1. Arbitration is non-binding; mediation results in enforceable rulings.
  2. Mediation is used only in criminal cases.
  3. Mediation helps parties negotiate a solution; arbitration imposes a decision.
  4. Arbitration is purely advisory unless a court later affirms it.

Correct Answer: C

Explanation: Mediation is a collaborative process guided by a neutral facilitator. Arbitration is more formal, producing a decision, often binding, like a court ruling.

80. What happens when a defendant has been noted in default?

  1. They lose the right to participate in the proceeding, except by moving to set aside the default.
  2. They can file a defence within 10 days with court approval.
  3. They must immediately pay the full amount claimed to avoid judgment.
  4. They’re entitled to continue receiving all court documents.

Correct Answer: A

Explanation: Once in default under Rule 11.05, a defendant may not file further materials or participate, except to bring a motion under Rule 11.06 to have the default lifted.

81. What is the primary purpose of compensatory damages in contract law?

  1. To restore the non-breaching party to the position they would have been in had the contract been properly performed.
  2. To punish the breaching party for violating their obligations.
  3. To impose automatic penalties for any breach.
  4. To allow courts to rewrite the agreement more fairly.

Correct Answer: A

Explanation: Compensatory damages are designed to fulfill the injured party’s expectation interest, putting them in the position they would have occupied if the contract had been performed.

82. What actions may constitute contempt of court in Small Claims Court?

  1. Disrupting proceedings, defying court orders, or failing to appear as required.
  2. Filing an appeal after an unfavorable ruling.
  3. Requesting an adjournment for valid reasons.
  4. Submitting late evidence following final judgment.

Correct Answer: A

Explanation: Contempt can include disobedience to court orders, refusal to appear, or disruptive conduct. Courts can impose sanctions such as fines or incarceration in serious cases.

83. What is the jurisdiction of the Small Claims Court?

  1. Civil claims up to $35,000, including recovery of property and payment of money.
  2. Any civil matter regardless of monetary value.
  3. Criminal matters under the Provincial Offences Act.
  4. Civil matters where both parties consent to higher-value claims.

Correct Answer: A

Explanation: Small Claims Court is a branch of the Superior Court of Justice. It provides a simplified process for lower-value civil matters not exceeding $35,000.

84. Where must a plaintiff commence an action in Small Claims Court?

  1. Where the cause of action occurred or where the defendant resides or does business.
  2. In the courthouse nearest the plaintiff’s residence.
  3. In any court with available dates.
  4. Where court facilities support electronic filings.

Correct Answer: A

Explanation: Per Rule 6.01(1), jurisdiction is based on either the origin of the claim or the defendant’s business or residential location, not the plaintiff’s preference.

85. When may a court refuse to add a party to an ongoing proceeding?

  1. If adding the party would defeat an expired limitation defence.
  2. If the party disagrees with the claim.
  3. If the claim has been active for six months.
  4. If the court believes the case should go to mediation.

Correct Answer: A

Explanation: Courts cannot override limitation periods when adding new parties. However, they may permit corrections of misnamed or misdescribed parties under certain conditions.

86. What must be proven to obtain an order for substituted service?

  1. That reasonable efforts failed, personal service is impractical, and the alternative is likely to succeed.
  2. That substituted service has been used in similar past cases.
  3. That serving the defendant would cause delay or added cost.
  4. That the defendant declined in-person service.

Correct Answer: A

Explanation: Rule 8.04 requires evidence of genuine effort, demonstrated difficulty in personal service, and a proposed method likely to bring the matter to the defendant’s attention.

87. What is most important when preparing an expert witness?

  1. Ensuring they understand their report and can explain it clearly.
  2. Asking them to memorize scripted responses.
  3. Limiting their input to written submissions.
  4. Preventing them from reviewing opposing reports.

Correct Answer: A

Explanation: Experts must be confident in their findings and able to communicate them clearly for non-experts. They should be fully briefed and ready for cross-examination.

88. What may result from failing to disclose required documents before a settlement conference?

  1. A cost sanction and an order for another settlement conference.
  2. Immediate dismissal of the claim.
  3. Judgment granted in favor of the other side.
  4. A temporary stay on trial scheduling.

Correct Answer: A

Explanation: Failure to follow disclosure requirements may lead to costs being awarded against the offending party and additional settlement steps ordered by the judge.

89. When may a court order a non-party to produce documents?

  1. If the document is relevant and non-disclosure would make trial unfair.
  2. Only if the document is created within the trial’s jurisdiction.
  3. If all parties agree to request production.
  4. If the document is protected by litigation privilege.

Correct Answer: A

Explanation: Courts may compel disclosure from non-parties if the document is material to the case and the absence of it would undermine fairness in adjudication.

Case 4

Paralegal Jenna is retained by Matt, who has mild cognitive impairment and wants to sue his landlord. During the case, Matt becomes increasingly confused and gives contradictory instructions.

Questions 90 to 92 refer to Case 4

90. What is Jenna’s obligation if she suspects Matt lacks the capacity to instruct her?

  1. Withdraw immediately and notify the court.
  2. File a motion to dismiss Matt’s claim.
  3. Proceed only with instructions from Matt’s next-of-kin.
  4. Maintain a normal professional relationship as far as possible, but be prepared to seek a legal representative.

Correct Answer: D

Explanation: Under Rules 3.02(13)–(14), if capacity is in doubt, the paralegal must continue acting in the client's best interests while taking steps to ensure proper legal representation is in place if capacity is lost.

91. Matt’s health deteriorates, and Jenna needs to withdraw from the file. What must she do before ending the retainer?

  1. Comply with Rule 3.08 by giving notice and avoiding prejudice to the client.
  2. Destroy all client records immediately for confidentiality.
  3. Make a public statement about the withdrawal to the court.
  4. Ask the opposing party to take over the case.

Correct Answer: A

Explanation: Withdrawals must comply with Rule 3.08, which includes adequate notice and minimizing harm to the client’s legal interests. In some cases, a motion under Rule 15.04 is required.

92. When Jenna was first retained, how should she have explained the litigation process to Matt?

  1. Assure him the case is likely to settle out of court.
  2. Skip the explanation until pleadings are filed.
  3. Emphasize it’s straightforward and cost-free.
  4. Explain that litigation includes multiple steps, possible ADR, and may be costly and stressful.

Correct Answer: D

Explanation: Effective client communication means giving an honest overview of the legal process, including timelines, costs, possible outcomes, and alternative dispute resolution options, right from the outset.

Case 5

Zara, a paralegal, represents Ava in a negligence claim after Ava slipped on ice outside a local daycare. The daycare is operated by a family-run business, and the staff argue that an unexpected blizzard prevented them from salting the walkway.

Questions 93 to 95 refer to Case 5

93. To prove negligence, what must Ava demonstrate first?

  1. That the daycare owed her a duty of care.
  2. That she was not injured during the incident.
  3. That the blizzard was caused by the defendant.
  4. That her damages were over $35,000.

Correct Answer: A

Explanation: A negligence claim begins by establishing that the defendant owed the plaintiff a duty of care. Without this foundational element, the claim cannot proceed.

94. How would a court determine whether the daycare breached the standard of care?

  1. By comparing the daycare’s conduct to that of a reasonable person under similar weather conditions.
  2. By asking whether Ava was wearing winter boots.
  3. By polling community members about the daycare’s reputation.
  4. By evaluating the number of children enrolled in the daycare.

Correct Answer: A

Explanation: The standard is what a reasonable person would have done under the same circumstances. Environmental factors, such as weather conditions, may be part of that analysis.

95. The daycare argues Ava’s injuries were worse due to a pre-existing bone condition. How should the court respond?

  1. Apply the thin skull rule and hold the daycare liable for the full extent of Ava’s injuries.
  2. Reduce damages because of the underlying condition.
  3. Dismiss the case since the injuries were not foreseeable.
  4. Require Ava to pay the daycare’s legal costs.

Correct Answer: A

Explanation: The thin skull rule holds that a defendant is fully liable for harm caused, even if the plaintiff is more vulnerable. Pre-existing conditions do not reduce the defendant’s responsibility for actual injuries suffered.

Criminal and Quasi-criminal Law

96. A person is charged with theft after walking out of a store with unpaid merchandise. Which of the following would most likely constitute a valid defence?

  1. The person genuinely forgot they hadn’t paid and returned upon realizing.
  2. The person intended to pay later once they received a paycheck.
  3. The person planned to gift the item to a friend.
  4. The person argued the item was overpriced.

Correct Answer: A

Explanation: A key element of theft is the intent to deprive. If the accused honestly forgot to pay and acted promptly to return or pay for the item, it may negate the mens rea required for a conviction.

97. According to Charter jurisprudence, when is a search presumptively unreasonable under section 8?

  1. When conducted at a business premises without delay.
  2. When conducted with advance notice to the occupant.
  3. When conducted without prior judicial authorization.
  4. When it results in the seizure of personal property.

Correct Answer: C

Explanation: The Supreme Court presumes a search is unreasonable under section 8 of the Charter if it lacks prior judicial authorization, like a warrant. This standard protects against arbitrary state intrusion.

98. When may a trial justice require a person to attend court in person under the POA?

  1. Only if the matter involves a Part III offence.
  2. If the prosecutor requests it and provides written justification.
  3. When the justice deems in-person attendance necessary for a fair trial.
  4. Whenever the defendant resides outside the judicial district.

Correct Answer: C

Explanation: Section 83.1(4) of the POA authorizes a trial justice to require personal attendance if doing so is in the interests of justice or necessary to ensure trial fairness, even with remote proceedings otherwise allowed.

99. A person is charged under section 335 of the Criminal Code for “joyriding.” What defence is most likely to succeed?

  1. The vehicle was later returned with no damage.
  2. The person mistakenly believed they had the owner’s permission.
  3. The individual was under the influence of drugs at the time.
  4. The car was used briefly for emergency transport.

Correct Answer: B

Explanation: A mistaken but honest belief in having consent can negate the mental element (mens rea) required for a conviction under section 335. Lack of consent is a key component of the offence.

100. Under what condition may a paralegal represent a client charged with possession under the Controlled Drugs and Substances Act?

  1. If the substance is cannabis obtained without a prescription.
  2. When the matter proceeds by indictment but the client consents.
  3. Only if it is a first offence for simple possession and proceeds summarily.
  4. When the offence involves a Schedule I substance in small quantities.

Correct Answer: C

Explanation: Paralegals may only represent clients in CDSA possession cases if it's a first offence, the matter is proceeding summarily, and no aggravating factors are present. Anything beyond that exceeds their authorized scope.

101. In a “reverse-onus” bail hearing, which of the following statements is true?

  1. The prosecutor must prove that the accused poses a flight risk.
  2. The accused must prove, on a balance of probabilities, that detention is not justified.
  3. The court must presume detention in all cases involving previous convictions.
  4. The onus remains on the Crown unless the accused is charged with an offence under section 469.

Correct Answer: B

Explanation: Under section 515(6), certain offences, such as those involving firearms or repeated intimate partner violence, trigger a reverse onus where the accused must justify release.

102. Under which circumstance does the Highway Traffic Act (HTA) apply to conduct occurring on private property?

  1. When a person is operating any vehicle, including a bicycle, on privately owned land.
  2. When the relevant provision of the HTA does not specify that it applies only on a highway.
  3. When the property owner consents to the application of the HTA.
  4. When the police initiate an investigation on private property under any statutory authority.

Correct Answer: B

Explanation: While many HTA provisions are limited to “highways,” others, such as accident reporting obligations, apply regardless of location, unless explicitly restricted in the section.

103. Under section 830 of the Criminal Code, when may an accused appeal a summary conviction judgment using that section rather than section 813?

  1. Whenever they disagree with the trial judge’s findings of fact.
  2. Only where there is a question of law alone, or where the judge exceeded or refused to exercise jurisdiction.
  3. If the accused wishes to appeal the sentence length or conditions.
  4. When the accused wants to introduce fresh evidence that was unavailable at trial.

Correct Answer: B

Explanation: Section 830 provides a narrow appeal pathway limited to errors of law or jurisdictional matters. Using it waives broader rights available under section 813.

104. In an application for bail pending a summary conviction appeal, what must the appellant establish?

  1. That they are likely to succeed on a balance of probabilities.
  2. That the Crown failed to prove guilt at trial.
  3. That the appeal is not frivolous, the appellant will surrender, and release is not contrary to the public interest.
  4. That the appeal will be heard within 15 days of conviction.

Correct Answer: C

Explanation: Courts apply a three-part test, similar to section 679. In sentence-only appeals, factors like personal hardship and brevity of the sentence may also be considered.

105. What legal consequence flows from a conviction for a red light camera offence prosecuted against a vehicle owner under section 144(18)?

  1. The driver’s licence is automatically suspended for 30 days.
  2. Demerit points are assigned to the owner’s driving record.
  3. No demerit points or licence suspension apply to an owner convicted under automated enforcement.
  4. The owner is required to identify the driver at the time of the offence.

Correct Answer: C

Explanation: Camera enforcement provisions prosecute the vehicle owner, not the driver. As such, these convictions do not trigger licence suspensions or demerit points.

106. In a warrantless search based on consent, which factor is most critical to determining lawfulness?

  1. Whether the person providing consent is familiar with police procedure.
  2. Whether the evidence ultimately leads to a conviction.
  3. Whether the consent was voluntary, informed, and provided by someone with legal authority.
  4. Whether the person signed a consent form at the scene.

Correct Answer: C

Explanation: Consent must be both informed and voluntary, and provided by someone authorized to grant access. This ensures compliance with section 8 of the Charter.

107. In the context of HTA enforcement, what authority do police officers have under section 216.1(1)?

  1. The ability to search any vehicle at any time without grounds.
  2. The power to seize licence plates from uninsured vehicles.
  3. The power to examine commercial vehicles and their contents to assess compliance.
  4. The power to detain private vehicles indefinitely for mechanical inspection.

Correct Answer: C

Explanation: Section 216.1(1) allows designated officers to stop and inspect commercial vehicles and their cargo at any time to verify compliance with HTA regulations.

108. Under Ontario Regulation 58/16 (relating to “carding”), what must police provide after attempting to collect identifying information?

  1. A transcript of the conversation and video evidence collected.
  2. A document outlining the encounter, including officer contact information and legal rights.
  3. A list of reported crimes in the surrounding area.
  4. A formal notice of detention and a caution to remain silent.

Correct Answer: B

Explanation: Officers must provide a rights notification containing their name, badge number, reason for the interaction, and oversight body contact info to uphold accountability.

109. What is required for an officially induced error defence to succeed in an HTA proceeding?

  1. Written confirmation of the error by an official.
  2. Proof that the law was ambiguous.
  3. Reasonable reliance on erroneous advice from an authorized official.
  4. Legal advice must come from a licensed paralegal or lawyer.

Correct Answer: C

Explanation: To establish officially induced error, the accused must have sought and reasonably relied on inaccurate legal advice from an authority empowered to interpret the law.

110. What is a key procedural difference between proving a substance under the CDSA versus the Cannabis Control Act?

  1. CDSA requires two analyst confirmations to admit expert evidence.
  2. CCA permits identification based on commonly used street names.
  3. Both Acts require analysts to testify in court.
  4. CDSA requires physical samples to accompany all certificates of analysis.

Correct Answer: B

Explanation: Section 25.1 of the CCA allows courts to infer the substance is cannabis based on witness descriptions using common terminology. The CDSA typically requires formal certificates and lab analysis.

111. A person is charged under section 393(3) — transportation fraud. What must the Crown prove to secure a conviction?

  1. That the person refused to pay a transit fine.
  2. That the person used deception to obtain transportation and intended not to pay.
  3. That the person failed to show a valid identification card.
  4. That the person forgot to tap their fare card.

Correct Answer: B

Explanation: The Crown must prove that the person obtained transportation by fraud or false pretence and had no intention of paying. Simple forgetfulness or misunderstanding would not meet the threshold for conviction.

112. According to section 718.1 of the Criminal Code, what is the fundamental principle of sentencing in Canada?

  1. Ensuring consistency in sentencing outcomes across jurisdictions.
  2. Protecting the public through long custodial sentences.
  3. Proportionality between the gravity of the offence and the offender’s degree of responsibility.
  4. Promoting the rehabilitation of the offender regardless of offence severity.

Correct Answer: C

Explanation: Proportionality is the core principle in sentencing, requiring that punishment reflect both the seriousness of the offence and the moral blameworthiness of the offender.

113. Which of the following best describes a valid basis for a recusal motion due to reasonable apprehension of judicial bias?

  1. The judge ruled against the accused in a prior unrelated case.
  2. The judge expresses displeasure with courtroom scheduling.
  3. An informed observer would reasonably believe the judge cannot fairly decide the case based on conduct during proceedings.
  4. The judge declined a procedural motion by the defence.

Correct Answer: C

Explanation: Reasonable apprehension of bias must be assessed objectively by considering how a well-informed observer would perceive the judge’s conduct in context. Prior rulings or general courtroom management are not enough.

114. What is the consequence if a count on an information fails to provide sufficient detail of the act or omission alleged?

  1. The information will be dismissed under section 504.
  2. The judge will convict based on judicial discretion.
  3. The court may quash or amend the information depending on whether prejudice exists.
  4. The accused must enter a plea regardless of the defect.

Correct Answer: C

Explanation: The court may allow an amendment under section 601 if doing so will not cause unfairness or prejudice. If prejudice would result, the count may be quashed.

115. What is the function of an agreed statement of facts at trial, and how is it handled?

  1. It replaces all evidence in the proceeding and is entered orally.
  2. It allows the court to bypass a preliminary inquiry.
  3. It formalizes admissions to dispense with proof of certain facts and is filed or read into the record.
  4. It permits parties to cite expert opinions without satisfying Mohan criteria.

Correct Answer: C

Explanation: An agreed statement of facts is a formal admission by both parties to avoid leading evidence on uncontested issues. Once accepted, the facts are binding on the court.

116. According to section 518(1) of the Criminal Code, which of the following applies to evidence at a bail hearing?

  1. All evidence must meet strict trial-level admissibility standards.
  2. Only evidence from sworn testimony is permitted.
  3. The justice may consider credible and trustworthy hearsay and make broad inquiries about the accused.
  4. The accused may be questioned about the offence regardless of who raises the topic.

Correct Answer: C

Explanation: Bail hearings are governed by relaxed evidentiary standards. Judges may rely on credible hearsay and make wide-ranging inquiries, but the accused is protected from cross-examination unless they raise the issue themselves.

117. What is a “Gardiner hearing” and when is it necessary during the sentencing process?

  1. A hearing to determine whether psychiatric assessment is required for incarceration.
  2. A trial-like proceeding to resolve disputes over aggravating facts where no agreement exists.
  3. A statutory requirement before any term of imprisonment is imposed.
  4. A mandatory step when victim impact statements have not been provided.

Correct Answer: B

Explanation: A Gardiner hearing is required when the Crown seeks to rely on aggravating facts not admitted by the defence. These facts must be proven beyond a reasonable doubt before they can impact sentence.

118. In the case of enumerated sexual offences under sections 278.1 to 278.91, how must the defence obtain private records about the complainant held by the Crown?

  1. Submit a Freedom of Information request.
  2. File an ex parte motion with the Crown’s consent.
  3. Apply for disclosure by filing an affidavit and notifying the complainant and custodian under strict timelines.
  4. Demand production by citing the Crown’s general disclosure obligations.

Correct Answer: C

Explanation: Applications for third-party records in sexual offence cases are highly regulated. The defence must file a detailed application, serve notice on all affected parties, and satisfy the court that the records are likely relevant.

119. Which of the following best describes the role of a “pre-enquête” in private criminal prosecutions?

  1. It determines the credibility of the informant’s evidence for the trial.
  2. It ensures that only indictable offences proceed to trial.
  3. It acts as a judicial screening mechanism to prevent frivolous prosecutions.
  4. It compels the Crown to assume carriage of the prosecution if the judge issues process.

Correct Answer: C

Explanation: A pre-enquête under section 507.1 serves as a filter against baseless or abusive private prosecutions. The judge must be satisfied that the information discloses sufficient evidence before issuing process.

120. When is a pre-hearing conference (judicial pre-trial) considered mandatory, even though section 625.1 of the Criminal Code states it is optional?

  1. When the accused is self-represented.
  2. When the offence is a strict liability offence.
  3. When local practice or directions from the Chief Justice require it.
  4. When the preliminary inquiry has already been completed.

Correct Answer: C

Explanation: Despite being discretionary under federal law, many Ontario courts require a pre-trial for complex cases or where scheduling and disclosure issues exist, under local judicial directions or practice protocols.

121. Which evidentiary tool under the POA allows use of certified records without proving the registrar’s signature or document origin?

  1. Judicial notice under the Canada Evidence Act.
  2. Section 35 of Ontario’s Evidence Act (business records).
  3. Certificate of official record under POA section 47(2).
  4. Expert opinion filed under section 8 of the HTA.

Correct Answer: C

Explanation: POA section 47(2) streamlines evidence by allowing certified records (e.g., licence histories, conviction notices) to be admitted without additional proof, so long as the court is satisfied they are credible.

122. What is required to challenge the constitutional validity of legislation in the Ontario Court of Justice?

  1. Serve a constitutional notice to the court within 7 days of trial.
  2. Provide a Form 1 application 30 days in advance and notify the Attorneys General at least 15 days before the hearing.
  3. Submit a Charter argument orally on the trial date.
  4. Raise constitutional objections only after trial concludes.

Correct Answer: B

Explanation: To raise a constitutional challenge, the party must file a Form 1 under OCJ rules at least 30 days before the hearing and serve the federal and provincial Attorneys General at least 15 days before.

123. What distinguishes a Part I proceeding from a Part III proceeding under the POA in terms of penalties?

  1. Part I permits imprisonment, while Part III does not.
  2. Only Part III allows for imprisonment and probation.
  3. Part I allows pre-trials; Part III does not.
  4. Part III is used exclusively for federal offences.

Correct Answer: B

Explanation: Part I applies to minor offences with fines only. Part III proceedings are used for more serious provincial offences and can result in imprisonment, probation, and higher fines.

124. When may a co-accused in a joint trial become a competent and compellable witness for the Crown?

  1. When the co-accused testifies for the defence but refuses cross-examination.
  2. Once their own matter is concluded and they are no longer an accused.
  3. When all co-accused consent to testifying before voir dire.
  4. When the trial judge deems their testimony essential.

Correct Answer: B

Explanation: Co-accused are not compellable witnesses while charges against them are pending. Once their case is resolved, by plea or dismissal, they may be called as a Crown witness.

Case 6

Terence, a paralegal, is retained by Emma, who is charged with robbery under the Criminal Code. Robbery is listed in the information, which was sworn before a justice. At the first appearance, the Crown elects to proceed by indictment. The matter is transferred to the Superior Court of Justice.

Questions 125 to 127 refer to Case 6

125. What must Terence do now that the Crown has elected to proceed by indictment?

  1. File a motion to challenge the Crown’s election.
  2. Continue representing Emma only for sentencing.
  3. Withdraw from the file, as paralegals may not represent clients in indictable matters before the Superior Court.
  4. Request particulars from the Crown under section 587.

Correct Answer: C

Explanation: Robbery is a straight indictable offence, and when the Crown elects to proceed by indictment, the matter moves to the Superior Court, outside a paralegal’s permitted scope. Terence must withdraw.

126. What is the charging document used in the Superior Court of Justice?

  1. Sworn statement.
  2. Appearance notice.
  3. Indictment.
  4. Form 2 Information.

Correct Answer: C

Explanation: The indictment is the formal charging document in the Superior Court. It’s prepared by the Crown and reflects the charges and history of the proceeding.

127. If Emma is later offered a plea deal and the Crown elects to proceed summarily, what happens?

  1. The matter stays in the Superior Court.
  2. A new information must be laid.
  3. The indictment takes precedence.
  4. The matter returns to the Ontario Court of Justice, and Terence regains authority to act.

Correct Answer: D

Explanation: When the Crown re-elects to proceed summarily, the case is transferred back to the Ontario Court of Justice, where paralegals have jurisdiction to represent clients again.

Case 7

Jasmin, a paralegal, reviews the information in her client Dev’s case. One count charges Dev with both theft and fraud in a single statement. Jasmin believes this violates a formal requirement.

Questions 128 to 130 refer to Case 7

128. What is the legal term for charging two separate offences in a single count?

  1. Mistrial.
  2. Duplicity.
  3. Redundancy.
  4. Summation.

Correct Answer: B

Explanation: Each count must allege only one offence. Combining more than one offence in a single count is called duplicity and can lead to an amendment or motion to quash under section 601.

129. Under which provision can Jasmin bring a motion to challenge a defective information?

  1. Section 601 of the Criminal Code.
  2. Section 786(2).
  3. Section 497(1).
  4. Section 482(3).

Correct Answer: A

Explanation: Section 601 allows the court to amend or quash a count in an information or indictment if it's defective. This motion must be brought before a plea is entered.

130. What might the court do instead of quashing a defective count in an information?

  1. Reject all evidence at trial.
  2. Discharge the accused.
  3. Amend the count under section 601(3), provided it causes no prejudice.
  4. Require a summary conviction election.

Correct Answer: C

Explanation: Under section 601(3), the court can amend a defective count so long as doing so will not cause injustice. This reflects the preference to preserve proceedings where fairness can be maintained.

Administrative Law

131. Which of the following is an example of indirect (adverse-effects) discrimination?

  1. A landlord refusing to rent to a tenant due to their ethnicity.
  2. A job posting that explicitly excludes women.
  3. A neutral policy requiring all employees to work Saturdays, affecting those with religious obligations.
  4. A coworker making repeated gendered jokes toward a colleague.

Correct Answer: C

Explanation: Indirect discrimination arises when a seemingly neutral policy has a disproportionate negative impact on individuals based on a prohibited ground, such as religious observance.

132. Under the WSIA, what happens if a worker elects to sue a third party rather than claim WSIB benefits?

  1. The lawsuit must be completed before benefits may be paid.
  2. The right to sue is permanently waived.
  3. The WSIB takes over the lawsuit as plaintiff.
  4. The worker forfeits future re-employment protections.

Correct Answer: C

Explanation: When a worker elects to sue, the right of action is subrogated to the WSIB, which may proceed as the plaintiff under WSIA s. 30(7).

133. What is the consequence if a landlord collects a deposit greater than one month’s rent upon lease signing?

  1. The deposit must be forfeited to the LTB.
  2. The tenant may break the lease without notice.
  3. The amount exceeding one month is deemed illegal and refundable.
  4. The landlord may retain it as a security against damages.

Correct Answer: C

Explanation: Landlords can only collect a deposit equal to one month’s rent. Any excess is an illegal charge and must be returned under RTA ss. 105–106.

134. If an insured fails to attend a medical examination requested under section 44 of the SABS, what is the consequence?

  1. The insurer must apply to LAT for an order compelling attendance.
  2. The claim is automatically settled.
  3. The insured may be barred from applying to LAT to dispute the benefit.
  4. The insurer must extend the claim deadline by 30 days.

Correct Answer: C

Explanation: Under section 55 of the SABS, failure to attend a required examination may prevent the insured from disputing denial of benefits through the LAT.

135. Which of the following statements about weekly benefits under the SABS is correct?

  1. A person may receive income-replacement and non-earner benefits at the same time.
  2. Non-earner benefits are available only after 104 weeks.
  3. Caregiver benefits are available only with a catastrophic impairment or optional coverage.
  4. Income-replacement benefits are automatically $600/week unless reduced by the insurer.

Correct Answer: C

Explanation: Caregiver benefits are limited to claimants with a catastrophic impairment or those who purchased optional coverage. A claimant must elect between income and non-earner benefits.

136. When is a respondent’s conduct justified even if it results in discrimination under the Code?

  1. If it was not intended to cause harm.
  2. If it aligns with the organization’s mission statement.
  3. If the discrimination relates to a bona fide requirement or was accommodated to the point of undue hardship.
  4. If the applicant failed to give prior written notice.

Correct Answer: C

Explanation: Respondents may justify discriminatory conduct by showing a bona fide requirement and that accommodations were made to the point of undue hardship.

137. What must occur before a person can file an appeal to the Social Benefits Tribunal?

  1. They must send a complaint to their MPP.
  2. They must request and receive a written denial from the DAU.
  3. They must complete an internal review request within 30 days of receiving the decision.
  4. They must request mediation through the SBT’s early resolution program.

Correct Answer: C

Explanation: A person must first file an internal review request within the time limit (30 days) before appealing to the SBT under ODSPA s. 22(1) and OWA s. 27(1).

138. What is the definition of a “benefit unit” used in OW and ODSP eligibility assessments?

  1. A single individual applying for support.
  2. The head of household and their spouse only.
  3. The applicant and any dependants living with and supported by them.
  4. Any group of individuals residing at the same mailing address.

Correct Answer: C

Explanation: The “benefit unit” includes the applicant and those dependants who reside with and rely on them financially. This is central to determining financial eligibility (OWA s. 2; ODSPA s. 2).

139. According to the Statutory Powers Procedure Act (SPPA), when does it apply?

  1. Only when the decision-making body holds oral hearings.
  2. Whenever a party requests judicial intervention.
  3. When the enabling statute requires the decision maker to hold a hearing.
  4. Only when the matter involves a constitutional challenge.

Correct Answer: C

Explanation: The SPPA applies when the enabling legislation mandates a hearing. Otherwise, common law procedural fairness governs.

140. What is the primary difference between the standards of “correctness” and “reasonableness” in judicial review?

  1. Correctness defers to the tribunal’s findings; reasonableness requires a full rehearing.
  2. Reasonableness means the reviewing court imposes its own view; correctness gives latitude to the tribunal.
  3. Reasonableness requires the court to determine if the decision is justified; correctness allows no deference to the tribunal.
  4. Correctness applies only where the enabling statute allows damages.

Correct Answer: C

Explanation: Under Vavilov, correctness allows the reviewing court to substitute its own judgment. Reasonableness requires the decision to be transparent, justifiable, and rationally supported by the record.

141. Under the Planning Act, which of the following is not a required element of the four-part test for a minor variance?

  1. The variance must be minor in nature.
  2. It must maintain the purpose and intent of the zoning by-law.
  3. It must increase property value in the community.
  4. It must be desirable for the appropriate development or use of the land.

Correct Answer: C

Explanation: Section 45(1) outlines the four-part test, which focuses on planning and zoning, not economic benefit. Property value is not a criterion under the test.

142. Under administrative law, what is the most accurate definition of an “error of law”?

  1. Any procedural delay that affects the fairness of a decision.
  2. A conclusion made by a tribunal that contradicts witness testimony.
  3. A failure to consider relevant statutory criteria or relying on irrelevant factors.
  4. A misapplication of precedent by the tribunal without judicial authorization.

Correct Answer: C

Explanation: Legal errors occur when a tribunal fails to apply required statutory factors or considers irrelevant ones. This can support judicial review or reconsideration.

143. What is the purpose of the Disability Determination Package (DDP) in an ODSP application?

  1. To calculate the benefit unit’s monthly budgetary requirements.
  2. To evaluate an applicant’s financial eligibility for Ontario Works.
  3. To verify whether an applicant meets the statutory definition of a person with a disability.
  4. To allow the DAU to determine the correct overpayment recovery schedule.

Correct Answer: C

Explanation: The DDP, completed by a medical practitioner, enables the Disability Adjudication Unit to assess whether the ODSP applicant meets the legal definition of a person with a disability (ODSPA s. 4(1)).

144. In a union certification vote outside the construction industry, how many days after the application is the vote usually held?

  1. On the same day.
  2. Within two business days.
  3. Within five business days.
  4. After 21 calendar days.

Correct Answer: C

Explanation: Unless exceptional circumstances arise, the Ontario Labour Relations Board conducts representation votes five business days after receiving the certification application.

145. What happens if a landlord fails to provide a tenant with the standard form of lease after a proper written demand is made?

  1. The tenant may break the lease immediately.
  2. The tenant may withhold one month’s rent or give 60 days’ notice to terminate a fixed-term tenancy.
  3. The rent is automatically reduced by 25%.
  4. The landlord is deemed to have terminated the tenancy.

Correct Answer: B

Explanation: Per RTA ss. 12.1(6)–(7), if a landlord fails to deliver the standard lease within 21 days of a written request, the tenant may withhold one month's rent or end a fixed-term lease early with proper notice.

146. Which of the following does not fall under the Ontario Land Tribunal’s authority?

  1. An appeal of a minor variance denial.
  2. A compensation dispute following expropriation.
  3. A private landlord–tenant dispute under the RTA.
  4. A challenge to a development charge by-law.

Correct Answer: C

Explanation: Residential tenancy matters fall under the exclusive jurisdiction of the Landlord and Tenant Board, not the Ontario Land Tribunal.

147. What governs whether a paralegal may represent a party before a tribunal?

  1. A tribunal’s written policy on courtroom conduct.
  2. Authorization by the court registrar and judicial consent.
  3. Definition of “representative” under the SPPA and compliance with By-Law 4.
  4. The federal Privacy Commissioner’s procedural guidelines.

Correct Answer: C

Explanation: Representation before a tribunal is governed by SPPA s. 10 and By-Law 4. A “representative” includes licensees and persons meeting exemption criteria (e.g., friends or relatives providing unpaid assistance).

148. What is the role of the Canadian Human Rights Commission (CHRC) under the federal system?

  1. To issue decisions and rulings in discrimination complaints.
  2. To mediate landlord–tenant disputes across all provinces.
  3. To investigate complaints and determine whether to refer them to the Canadian Human Rights Tribunal.
  4. To represent applicants in all tribunal hearings.

Correct Answer: C

Explanation: The CHRC acts as an investigative and screening body. It refers cases to the Canadian Human Rights Tribunal when appropriate.

149. Which of the following statements best distinguishes judicial review from a statutory appeal?

  1. Judicial review is a broader remedy that allows for a substitution of decisions.
  2. Judicial review is granted automatically in administrative matters.
  3. A statutory appeal is a discretionary remedy, while judicial review is mandatory.
  4. Judicial review is available even if not provided for in legislation, unlike a statutory appeal.

Correct Answer: D

Explanation: Judicial review arises from superior courts’ constitutional authority and does not require statutory authorization. Statutory appeals must be expressly created by legislation.

150. What is the minimum notice period required for a landlord to terminate a tenancy due to renovations requiring vacant possession and a building permit?

  1. 30 days.
  2. 60 days.
  3. 90 days.
  4. 120 days.

Correct Answer: D

Explanation: Section 50(2) of the RTA requires at least 120 days’ notice when ending a tenancy for major renovations that necessitate vacant possession and a building permit.

151. Which employers are considered Schedule 2 employers under the WSIA?

  1. All private-sector construction companies.
  2. Banks and insurance companies.
  3. Government entities like school boards and municipalities.
  4. Independent contractors in media and technology sectors.

Correct Answer: C

Explanation: Schedule 2 includes public-sector bodies such as municipalities and school boards. These employers reimburse the WSIB directly for claims costs plus administrative fees, rather than contributing to an insurance fund.

152. Which of the following statements about a worker’s right to sue is true under the WSIA?

  1. Workers may always sue co-workers acting in the course of employment.
  2. Workers of Schedule 1 employers cannot sue any other Schedule 1 employer or its workers.
  3. All workplace injuries must result in litigation before compensation is paid.
  4. Workers of Schedule 2 employers cannot ever sue third parties.

Correct Answer: B

Explanation: Under WSIA s. 28(1), workers covered by Schedule 1 are barred from suing other Schedule 1 employers or their workers if the incident occurred in the course of employment.

153. What is the legal consequence if a Schedule 1 employer fails to register with the WSIB within 10 days of hiring its first worker?

  1. The employer may face civil litigation from injured workers.
  2. Workers lose their entitlement to WSIA benefits.
  3. The employer has committed an offence under the WSIA.
  4. The employer must repay all past WSIB benefits to the Crown.

Correct Answer: C

Explanation: WSIA s. 75 and s. 151 require Schedule 1 employers to register with WSIB within 10 days of hiring their first worker. Failure to do so constitutes a statutory offence, though workers remain eligible for benefits.

154. What triggers a mandatory Case Management Conference (CMC) at the Ontario Land Tribunal?

  1. Any appeal involving site plan control.
  2. At the discretion of the municipality involved.
  3. Upon the OLT’s direction after an appeal is received.
  4. When the appellant misses a notice deadline.

Correct Answer: C

Explanation: The OLT schedules a Case Management Conference once it receives valid appeal materials. This mandatory step helps define issues, organize participation, and streamline proceedings.

Case 8

GreenTech Construction Ltd. GreenTech Construction Ltd., a medium-sized employer in Ontario, operates within the construction industry and employs 30 workers. One of its site supervisors, Olivia, sustains a serious injury while overseeing a worksite. GreenTech is registered with the WSIB and is a Schedule 1 employer. Olivia files a claim with the WSIB and is approved for Loss of Earnings (LOE) benefits. As her paralegal, you are helping her navigate her entitlements under the WSIA.

Questions 155 to 157 refer to Case 8

155. Which of the following is true regarding GreenTech’s classification and obligations as a Schedule 1 employer?

  1. GreenTech can deduct WSIB premium contributions from its workers’ pay.
  2. GreenTech must register with the WSIB only if it employs more than 50 workers.
  3. GreenTech contributes to a collective insurance fund and is financially responsible for WSIB premiums.
  4. GreenTech is not eligible for re-employment obligations due to its construction status.

Correct Answer: C

Explanation: As a Schedule 1 employer, GreenTech must register with WSIB within 10 days of hiring and contribute to a collective insurance fund. It may not pass premium costs on to workers. Registration and re-employment obligations apply regardless of workforce size (WSIA, s. 95.1).

156. After Olivia begins receiving Loss of Earnings (LOE) benefits, the WSIB initiates a review of her entitlements. Under what condition can the WSIB defer her 72-month final LOE review?

  1. If Olivia has already returned to work.
  2. If Olivia is participating in an active return-to-work or retraining plan.
  3. If Olivia requests additional medical reports.
  4. If GreenTech undergoes a classification audit.

Correct Answer: B

Explanation: The WSIB may defer the 72-month final LOE review under WSIA s. 44 when a worker is in an approved recovery, retraining, or work reintegration program. The final review is conducted once the program concludes (OPM 18-03-06).

157. GreenTech terminates Olivia’s employment three months after she returns to modified duties. What does the WSIA presume in this case?

  1. That Olivia voluntarily left her job.
  2. That GreenTech failed in its re-employment obligation.
  3. That Olivia is no longer entitled to LOE benefits.
  4. That WSIB reinstatement procedures must begin.

Correct Answer: B

Explanation: WSIA s. 41(10) presumes that termination within six months of re-employment violates the employer’s re-employment obligation. The employer may rebut this presumption by showing the dismissal was unrelated to the injury.

Case 9

Riverside Dental Clinic Layla, a practicing Muslim woman, applies for a dental hygienist position at Riverside Dental Clinic. During her interview, she wears a hijab. Although she has the required certification and relevant experience, she is not offered the job. A week later, she sees the same job re-posted online. Suspecting discrimination, Layla files a human rights application with the Human Rights Tribunal of Ontario (HRTO), alleging that she was denied employment due to her religion.

Questions 158 to 160 refer to Case 9

158. Which of the following elements must be present for Layla to establish a prima facie case of discrimination under the Ontario Human Rights Code?

  1. That she did not receive an explanation for the employer’s decision.
  2. That she experienced different treatment based on a prohibited ground in a protected social area.
  3. That her religion was the only factor in the hiring decision.
  4. That the employer had prior complaints filed against them.

Correct Answer: B

Explanation: A prima facie case of discrimination requires Layla to show that she was treated differently in a Code-protected social area (employment) based on a prohibited ground (e.g., creed). She does not need to prove that religion was the sole reason, just that it played a role.

159. If Riverside Dental Clinic argues that all applicants were treated the same and denies any discriminatory intent, how should the HRTO approach this defence?

  1. It will dismiss the case unless the employer acted with intent to discriminate.
  2. It will rule in favour of the employer if the hiring process was applied equally to all candidates.
  3. It will evaluate whether the effect of the employer’s actions amounted to discrimination, regardless of intent.
  4. It will require Layla to prove that other Muslim women were also denied employment.

Correct Answer: C

Explanation: Discrimination under the Code is based on the effect of conduct, not intent. Even neutral policies can have a discriminatory effect. The HRTO focuses on substantive equality, not just whether the same process was applied.

160. Suppose Layla later learns that a friend who wears a hijab was told by the same clinic that head coverings are “unprofessional” during interviews. What type of discrimination might this suggest?

  1. Constructive or adverse-effects discrimination.
  2. Direct discrimination.
  3. Bona fide occupational requirement.
  4. Vexatious and frivolous conduct.

Correct Answer: B

Explanation: Comments rejecting religious head coverings as “unprofessional” directly target a protected religious expression. This constitutes direct discrimination based on creed under the Code.