Sample Practice Questions
Barrister
Civil Litigation
Hassan, a plaintiff, fails to set his action down for trial within the 5-year period required under Rule 48.14. As a result, the registrar administratively dismisses the action. Hassan states that he did not receive the Form 48D dismissal notice and brings a motion 3 months later under Rule 37.14 to set aside the dismissal and reinstate the action.
What must Hassan establish for the court to grant his motion?
A) That the claim has a reasonable prospect of success and that he was unaware of the dismissal.
B) That the registrar’s dismissal was made without proper notice and that reinstatement would not prejudice the defendant.
C) That the delay in setting the matter down for trial was adequately explained and that the defendant would not suffer substantial prejudice.
D) That the claim was not dismissed on its merits and that the failure to proceed was due to inadvertence.
Criminal Law
Amanda was convicted at trial of dangerous operation causing bodily harm under s. 320.13(2), following a single-vehicle collision in which the complainant was thrown from the passenger seat. The Crown’s case relied heavily on the complainant’s testimony that Amanda had been speeding and swerving erratically. After sentencing, Amanda learned that the complainant had privately told a third party that some of his trial testimony was exaggerated and that he had in fact encouraged Amanda to speed. Amanda’s appellate counsel obtains a sworn affidavit from this third party and a recording of the complainant admitting to exaggeration. She seeks to introduce this evidence as fresh evidence on appeal.
What must the Court of Appeal assess before admitting this new material?
A) Whether the evidence casts doubt on the complainant’s credibility and supports a more lenient sentence.
B) Whether the new information was known to trial counsel and whether it contradicts key findings of fact.
C) Whether it meets the four-part test requiring diligence, materiality, reliability, and potential impact on the verdict.
D) Whether the evidence would have been admissible at trial and whether it supports Amanda’s version of events.
Family Law
Amara is the sole custodial parent of her 10-year-old daughter, with whom she has lived since separating from the child’s father, David. Their separation agreement does not mention name changes. Amara applies to the Registrar General to change her daughter’s last name to her own, without David’s knowledge. David receives notice of the application weeks later and wants to stop it. He contacts a lawyer, who confirms he cannot block the change through the Registrar General alone.
What is David’s most appropriate next step?
A) File a written objection with the Registrar General and request a discretionary review.
B) Apply for a publication delay while exploring possible legal remedies.
C) Immediately commence a court application seeking to prohibit the name change and vary the parenting terms to include a prohibition.
D) Contact the Ministry of the Attorney General to request intervention based on parental rights.
Public Law
A provincial police agency adopts an internal policy prohibiting officers from posting any political opinions on social media, even when off-duty. Maya, an officer, is disciplined after writing a blog post supporting a municipal candidate. She challenges the disciplinary action under s. 2(b) of the Charter, claiming it violates her freedom of expression. The agency argues that the Charter does not apply to internal discipline policies and that the restriction is necessary to maintain public confidence in neutrality. The reviewing court must first determine whether the Charter even applies to the agency’s policy before addressing s. 1.
Which is the most accurate statement about the Charter's application?
A) The Charter applies to all employment contracts with public-sector employers.
B) The Charter does not apply to internal policies unless they are issued pursuant to legislative authority.
C) The Charter applies where the impugned policy reflects government action or implements a statutory mandate.
D) The Charter applies only when policies directly affect the administration of justice or prosecutorial discretion.
Professional Responsibility
Janelle represents a client in a complex civil matter involving a former partner. The client sends Janelle an email asking whether certain facts could result in criminal charges. Janelle replies cautiously, explaining the risks and potential outcomes. Later, the former partner sues Janelle for defamation, alleging her reply constituted an accusation. Janelle considers submitting the email chain to defend herself.
Is she permitted to disclose this information?
A) No, because the communication is presumptively privileged and cannot be shared without the client’s express consent.
B) Yes, provided the disclosure is strictly necessary to respond to the allegations and does not exceed what is required.
C) No, unless a court determines the disclosure is essential and authorizes a limited exception to privilege.
D) Yes, but only if the client is notified in advance and does not object to the use of privileged information.
ANSWERS
Civil Litigation
Hassan, a plaintiff, fails to set his action down for trial within the 5-year period required under Rule 48.14. As a result, the registrar administratively dismisses the action. Hassan states that he did not receive the Form 48D dismissal notice and brings a motion 3 months later under Rule 37.14 to set aside the dismissal and reinstate the action.
What must Hassan establish for the court to grant his motion?
A) That the claim has a reasonable prospect of success and that he was unaware of the dismissal.
B) That the registrar’s dismissal was made without proper notice and that reinstatement would not prejudice the defendant.
C) That the delay in setting the matter down for trial was adequately explained and that the defendant would not suffer substantial prejudice.
D) That the claim was not dismissed on its merits and that the failure to proceed was due to inadvertence.
Correct Answer: C
Explanation: Under Rule 37.14 and the court’s discretionary power to set aside a registrar’s dismissal, the moving party must show that the motion was brought promptly, that there is a reasonable explanation for the delay (i.e., that it was inadvertent or excusable), and that the reinstatement would not cause substantial prejudice to the opposing party. The merits of the claim or the presence of administrative error alone are insufficient.
Criminal Law
Amanda was convicted at trial of dangerous operation causing bodily harm under s. 320.13(2), following a single-vehicle collision in which the complainant was thrown from the passenger seat. The Crown’s case relied heavily on the complainant’s testimony that Amanda had been speeding and swerving erratically. After sentencing, Amanda learned that the complainant had privately told a third party that some of his trial testimony was exaggerated and that he had in fact encouraged Amanda to speed. Amanda’s appellate counsel obtains a sworn affidavit from this third party and a recording of the complainant admitting to exaggeration. She seeks to introduce this evidence as fresh evidence on appeal.
What must the Court of Appeal assess before admitting this new material?
A) Whether the evidence casts doubt on the complainant’s credibility and supports a more lenient sentence.
B) Whether the new information was known to trial counsel and whether it contradicts key findings of fact.
C) Whether it meets the four-part test requiring diligence, materiality, reliability, and potential impact on the verdict.
D) Whether the evidence would have been admissible at trial and whether it supports Amanda’s version of events.
Correct Answer: C
Explanation: To admit fresh evidence on appeal, the moving party must meet the four-part test from R v Palmer: (1) the evidence could not have been obtained with due diligence before trial; (2) it is relevant to a material issue; (3) it is reasonably credible; and (4) it could reasonably be expected to have affected the result. The appellate court retains discretion and may exclude the evidence even if all criteria are technically met.
Family Law
Amara is the sole custodial parent of her 10-year-old daughter, with whom she has lived since separating from the child’s father, David. Their separation agreement does not mention name changes. Amara applies to the Registrar General to change her daughter’s last name to her own, without David’s knowledge. David receives notice of the application weeks later and wants to stop it. He contacts a lawyer, who confirms he cannot block the change through the Registrar General alone.
What is David’s most appropriate next step?
A) File a written objection with the Registrar General and request a discretionary review.
B) Apply for a publication delay while exploring possible legal remedies.
C) Immediately commence a court application seeking to prohibit the name change and vary the parenting terms to include a prohibition.
D) Contact the Ministry of the Attorney General to request intervention based on parental rights.
Correct Answer: C
Explanation: Since David is a non-custodial parent, the Change of Name Act does not require his consent, but he is entitled to notice under s. 5(6). The Registrar General does not have discretion to deny the change solely on the basis of his objection without a court order. To prevent the name change, David must bring a court application to vary the parenting arrangement or to prohibit the change, potentially by injunction.
Public Law
A provincial police agency adopts an internal policy prohibiting officers from posting any political opinions on social media, even when off-duty. Maya, an officer, is disciplined after writing a blog post supporting a municipal candidate. She challenges the disciplinary action under s. 2(b) of the Charter, claiming it violates her freedom of expression. The agency argues that the Charter does not apply to internal discipline policies and that the restriction is necessary to maintain public confidence in neutrality. The reviewing court must first determine whether the Charter even applies to the agency’s policy before addressing s. 1.
Which is the most accurate statement about the Charter's application?
A) The Charter applies to all employment contracts with public-sector employers.
B) The Charter does not apply to internal policies unless they are issued pursuant to legislative authority.
C) The Charter applies where the impugned policy reflects government action or implements a statutory mandate.
D) The Charter applies only when policies directly affect the administration of justice or prosecutorial discretion.
Correct Answer: C
Explanation: The Charter applies to government actions, including those by entities carrying out statutory duties or implementing government policy. In Doucet-Boudreau and Eldridge, the courts held that administrative decisions and internal policies of public bodies can engage the Charter if they are made pursuant to statutory authority or fulfill a governmental objective. Internal policies of police agencies, when disciplining employees under statutory mandates, may fall within this scope.
Professional Responsibility
Janelle represents a client in a complex civil matter involving a former partner. The client sends Janelle an email asking whether certain facts could result in criminal charges. Janelle replies cautiously, explaining the risks and potential outcomes. Later, the former partner sues Janelle for defamation, alleging her reply constituted an accusation. Janelle considers submitting the email chain to defend herself.
Is she permitted to disclose this information?
A) No, because the communication is presumptively privileged and cannot be shared without the client’s express consent.
B) Yes, provided the disclosure is strictly necessary to respond to the allegations and does not exceed what is required.
C) No, unless a court determines the disclosure is essential and authorizes a limited exception to privilege.
D) Yes, but only if the client is notified in advance and does not object to the use of privileged information.
Correct Answer: B
Explanation: Rule 3.3-4 of the Model Code allows a lawyer to disclose confidential or privileged information if reasonably necessary to respond to allegations of misconduct, including defamation. This is a limited exception to the duty of confidentiality. The lawyer must confine disclosure strictly to what is required to defend themselves, without overstepping the scope of the exception.
Solicitor
Business Law
John serves as a director of a private corporation but decides to resign due to internal financial issues within the company. After submitting his resignation letter, he discovers that the corporation owes unpaid taxes to the CRA from before his resignation.
What are John’s obligations regarding these tax liabilities?
A) John may remain personally liable for corporate tax debts that arose during his directorship.
B) John is only liable if the CRA establishes that his resignation was not made in good faith.
C) John cannot be held liable for unpaid taxes unless he was directly involved in the corporation’s financial decisions.
D) John is automatically shielded from liability for prior tax debts once his resignation takes legal effect.
Estate Planning
Emma, a single mother, names her brother, Jack, as the guardian of her minor daughter, Lily, in her will. Emma's will also specifies that Jack should manage Lily's inheritance until she reaches the age of 21. After Emma's unexpected death, Jack steps in as Lily's guardian.
Under the Children’s Law Reform Act (CLRA), what must Jack do to legally manage Lily’s inheritance?
A) Jack becomes the guardian of Lily’s property by virtue of being named in the will and taking on custody.
B) Jack must seek court authorization to act as property guardian, even though the will names him as such.
C) Jack is entitled to administer the property under the will without court involvement, unless contested.
D) Jack must notify the Office of the Children’s Lawyer and follow their recommendations before managing assets.
Real Estate
Mark is purchasing a residential property, and during the title search, his lawyer discovers a restrictive covenant registered against the property, prohibiting any construction that exceeds two stories. Mark plans to build a three-story home on the property.
What should Mark’s lawyer advise him to do?
A) Proceed with the transaction and apply to the court post-closing for a declaration that the covenant is unenforceable.
B) Negotiate with the vendor for a price reduction to offset the risk posed by the covenant.
C) Explain that the covenant is binding and may prevent construction unless it is lawfully removed or varied.
D) Rely on municipal approval processes, which override private land use restrictions like covenants.
Professional Responsibility
Emily, a real estate lawyer, is meeting with her client, Michael, to discuss the sale of a commercial property. Michael brings his business partner and his real estate agent to the meeting, asking them to stay and assist in decision-making.
How should Emily handle this situation?
A) Advise Michael that including third parties may affect solicitor-client privilege and proceed only with informed consent.
B) Proceed with the meeting, relying on Michael’s implicit waiver of confidentiality by inviting them.
C) Permit the business partner’s presence as a stakeholder, but exclude the agent to preserve privilege.
D) Decline to continue the meeting unless all non-clients are excluded to protect against future liability.
ANSWERS
Business Law
John serves as a director of a private corporation but decides to resign due to internal financial issues within the company. After submitting his resignation letter, he discovers that the corporation owes unpaid taxes to the CRA from before his resignation.
What are John’s obligations regarding these tax liabilities?
A) John may remain personally liable for corporate tax debts that arose during his directorship.
B) John is only liable if the CRA establishes that his resignation was not made in good faith.
C) John cannot be held liable for unpaid taxes unless he was directly involved in the corporation’s financial decisions.
D) John is automatically shielded from liability for prior tax debts once his resignation takes legal effect.
Correct Answer: A
Explanation: Under CBCA s. 227.1 and OBCA s. 121(1), directors can be held personally liable for certain corporate tax liabilities, such as unremitted source deductions or HST, if the debts arose during their tenure. Resignation does not retroactively remove this liability; it only prevents future exposure. The CRA must act within two years of the director’s resignation to enforce the liability.
Estate Planning
Emma, a single mother, names her brother, Jack, as the guardian of her minor daughter, Lily, in her will. Emma's will also specifies that Jack should manage Lily's inheritance until she reaches the age of 21. After Emma's unexpected death, Jack steps in as Lily's guardian.
Under the Children’s Law Reform Act (CLRA), what must Jack do to legally manage Lily’s inheritance?
A) Jack becomes the guardian of Lily’s property by virtue of being named in the will and taking on custody.
B) Jack must seek court authorization to act as property guardian, even though the will names him as such.
C) Jack is entitled to administer the property under the will without court involvement, unless contested.
D) Jack must notify the Office of the Children’s Lawyer and follow their recommendations before managing assets.
Correct Answer: B
Explanation: Under section 47 of the Children’s Law Reform Act, being named as a guardian of property in a will does not in itself confer legal authority. The named individual must still apply to the court to be formally appointed. Unless the will provides a trust structure with a trustee holding explicit authority, Jack cannot legally manage the inheritance without a court order.
Real Estate
Mark is purchasing a residential property, and during the title search, his lawyer discovers a restrictive covenant registered against the property, prohibiting any construction that exceeds two stories. Mark plans to build a three-story home on the property.
What should Mark’s lawyer advise him to do?
A) Proceed with the transaction and apply to the court post-closing for a declaration that the covenant is unenforceable.
B) Negotiate with the vendor for a price reduction to offset the risk posed by the covenant.
C) Explain that the covenant is binding and may prevent construction unless it is lawfully removed or varied.
D) Rely on municipal approval processes, which override private land use restrictions like covenants.
Correct Answer: C
Explanation: Restrictive covenants are enforceable private land use restrictions that run with the land. Even if municipal zoning permits a three-story home, a registered covenant limiting construction to two stories is binding unless successfully challenged or varied under the Land Titles Act or through mutual agreement. The lawyer must inform Mark of this limitation and the risks of proceeding without addressing it.
Professional Responsibility
Emily, a real estate lawyer, is meeting with her client, Michael, to discuss the sale of a commercial property. Michael brings his business partner and his real estate agent to the meeting, asking them to stay and assist in decision-making.
How should Emily handle this situation?
A) Advise Michael that including third parties may affect solicitor-client privilege and proceed only with informed consent.
B) Proceed with the meeting, relying on Michael’s implicit waiver of confidentiality by inviting them.
C) Permit the business partner’s presence as a stakeholder, but exclude the agent to preserve privilege.
D) Decline to continue the meeting unless all non-clients are excluded to protect against future liability.
Correct Answer: A
Explanation: Rule 3.3-1 requires lawyers to maintain confidentiality and warn clients that the presence of third parties may undermine solicitor-client privilege. Emily should ensure Michael understands the implications and consents before proceeding. Privilege may be lost if a court later finds the communication was not confidential due to the presence of others.