1.b q march21 complete

Q# 1. Which of the following statements about conflicts of interest and confidential information is true?
A lawyer should perform a preliminary check for conflicts of interest before a prospectus client provides any
confidential information.
A lawyer should disclose confidential information to explain to a client how that info has caused a conflict of
interest.
A lawyer should not perform further checks for conflicts of interest after a client has provided confidential
information.
A lawyer should withhold confidential info b/t joint clients when a conflict of interest has developed.
Q# 2. C, a lawyer is representing J in a personal injury matter C retained an expert to provide a medical
assessment of J’ prospects of recovery. When the expert report arrived, C instructed his bookkeeper, V, to
transfer the funds from trust to the general account to pay the expert invoice, and she did so. Two days later,
V tells C that she should not have withdrawn the funds as J didn’t have any remaining funds in trust. What
should C do?
Report himself to the LSO for misappropriation of trust funds
Transfer funds form the general account to correct the error
Make correcting enteritis in the general ledger and general receipts journal
Advise the expert that there are insufficient funds for the cheque
Q# 3. P, a lawyer, represents D in a dispute. During the course of examination for discovery, D is asked
whether he has any copies of emails sent about the matter. D says he deleted them all and no hard copies or
backupfilesexist. A few monthslatter,Dtells P that he learnedthat hiscompanyhasbackupfilesthat contain
all of the emails, some of which conducted the evidence he gave at discover. What should P do?
Advise D that he must correct his evidence at trial.
Notify the opposing lawyer about the information that has been subsequently obtained and produce the
documents at trial.
Serve a supplementary affidavit of documents on the opposing lawyer
File a supplementary affidavit of documents with the court
Q# 4. K, a lawyer, has settled S’s personal injury claim for500,000. S is in a property dispute with her business
partner, D. K has undertaken to D’s lawyer to hold the funds in trust pending final resolution of the property
settlement. It is anticipated that S will ultimately remain 60% of the funds with D receiving the remainder.
After holding the funds for 1year, S asks K for advance of 10% of the settlement funds as she is about to be
evicted. Can K release portion of the funds?
No, unless D’s lawyer also consents to the partial release
Yes, as D’s interest is still being kept in trust
No, until final settlement, funds can never be release
Yes, as S is in need and is about to be evicted
Q# 5. When is a joinder of parties mandatory?
When the same lawyer represents two persons
When it is necessary to promote the convenient administration of justice
When a common question of fact or Law arises in a proceeding
When the presence of the person is necessary for effective adjudication
Q# 6. Six months after mandatory mediation under R 24.1, the defendant disputes the settlement amount
and refuses to pay it. What should the plaintiff’s lawyer have done at mediation to protect the plaintiff’s
interest?
Prepared minutes of settlement
Obtained a mediator’s report
Prepared a notice of arbitration
Obtained an order for costs

Q# 7. After losing a trial under the simplified procedure wherein 60,000 was ordered to be paid, the lawyer
has been instructed to appeal. What should the lawyer do next?
Serve a notice of appeal and file it with the DC
Serve a notice of motion for leave to appeal to the DC
Serve a notice of appeal and file it with the CoA
Serve a notice of intent to appeal and request the transcript
Q# 8. A lawyer is closing a file for a corporate client. What should the lawyer do?
File an updated list of closed files with the Law Society
Determine if the closed file should be retained indefinitely
Ask if the client wants the original file returned
Scan the file and provide the scanned copy to the client
Q# 9. R, a lawyer, represents the plaintiff at a trial involving a motor vehicle accident. R has closed her case.
The defendants first witness testifies that R’s client was drinking before the accident. This is evidence R has
never heard of before and is contrary to the medical records and police reports from the accident. What
should R do?
Call reply evidence to rebut this new evidence
Request a mistrial
Object to the testimony as being prejudicial
Move to strike the witness’s testimony as irrelevant
Q# 10. ABC Corporation (ABC) was served with statement of claim in the amount of 45,000 for breach of
contract. ACB’s lawyer prepared and delivered a statement of defense. The deadline for filing a reply has
passed. What document must ABC’s lawyer prepare and serve next?
Notice of examination for discovery
Request to admit
Demand for particulars
Affidavit of documents
Q# 11. W, a lawyer in sole practice, is approached by H, a Dutch business professional to represent her in an
action against the Canadian subsidiary of a Dutch corporation. The receipt of funds will be required in this
matter. H’s travel schedule prevents her from meeting in person. What must W do in order to proceed?
Contact H’s Canadian reference to confirm H’s ability to pay
Verify H’s identity using a Dutch agent if necessary
Determine if there is a reciprocal enforcement treaty with the Netherlands
Retain a lawyer in the Netherlands to take H’s instructions in person
Q# 12. A Plaintiff obtained an order form a judge amending its claim to seek 200,000 in damages. The
defendant hasinstructed alawyer toappealthedecision.What isthefirst stepthe defendants’lawyershould
take?
Bring a motion for leave to appeal to the DC
Bring a motion for leave to appeal to the CoA
Serve and file a notice of appeal to the DC
Serve and file a notice of appeal to the CoA
Q# 13. G, a lawyer, represents a defendant in a small claims action for damages sustained in a car accident.
J, the plaintiff, is represented by a paralegal. Despite her many attempts, G has been unable to contact the
paralegal to discuss settling the matter. G encounters J at a supermarket. What do the Rules of Professional
Conduct allow G to do?

Explain the settlement proposal to J
Tell J that she has been trying to reach his paralegal
Inquire about J’s shopping experience
Answer J’s questions about the status of the matter
Q# 14. Which one of the following activities results in the Law Society’s automatic suspension of a lawyer’s
license without a hearing?
Being found guilty of an indictable offence
Failing to pay Law Society membership fees
Being found in contempt of Court
Failing to treat the court with civility
Q# 15. S acts for ABC Co. (ABC), the defendant employer in a wrongful dismissal action ABC, in its defense,
has alleged termination for cause based on the plaintiff’s insubordination in the alternative, ABC is disputing
the length of reasonable notice to which the plaintiff is entitled. The plaintiff’s lawyer has just served S with
a motion for summary judgment. What should S advise ABC?
There is no need to file any responding material because examinations for discovery have not yet been
completed
There is no need to file responding material because the motion is without merit
File responding material dealing with the issue of reasonable notice to reduce the likelihood of cross-
examination of ABC on its responding affidavit
File responding material dealing with each of ABC’s defenses
Q# 16. A lawyer action for C, the defendant, receives a R. 49 offer to settle from the plaintiff’s lawyer in the
amount of 100,000. What is the most likely outcome if C refuses to accept the offer and the matter goes to
trial?
If C is ordered to pay more than 100,000, he will be liable for substantial indemnity coast of the entire action
If the plaintiff is successful, but receives less than 100,000, C will receive substantial indemnity costs of the
entire action
If C is ordered to pay more than 100,000, he will be liable for partial indemnity costs to the date of the offer and
substantial indemnity costs from the date of the offer up to and including the trial.
If the plaintiff receives less that 100,000, C will receive partial indemnity costs to the date of the offer and will
pay substantial indemnity costs to the plaintiff from the date of the offer up to and including the trial
Q# 17. In the mooring, a client wanting to commence an action against a manufacturer for product liability
returns.E, a Lawyerinsole practice.Aftertheclient leaves, E determinesthat theapplicable limitationperiod
expires that day. What should E do?
Commence an application
Bring a motion for interim relief
File a notice of appearance
Issue a notice of action
Q# 18. What is thebest wayfor a lawyertoensurethat individuals understandthat thelawyerhasnot agreed
to represent them?
Send a non-engagement letter to each individual who consults but does not retain the lawyer
Avoid taking on speaking engagements in case attendees believe advice has been provided
Confirm all lawyer-client relationships in writing by way of a retainer agreement
Refuse to meet clients accompanied by third parties to avoid misunderstandings

Q# 19. What is a permitted use of the transcript of evidence from an examination for discovery?
To read admissions of an adverse party into the case at trial
To use as a basis for drafting a statement of claim involving other parties
To use the adverse party’s transcript as an exhibit at trial
To read the party’s corroborating evidence into the party’s own case at trial
Q# 20. A Lawyer is approached by J to act for her in a potential legal action. J wants to sue her neighbor, Y,
fordamagestoher backyardfromfloodingwhenYemptiedhisswimmingpoollast summer.Whenthelawyer
inquires about the extent of the damage to the yard, J become evasive. She claims that Y has told her that he
has to be sued in order for his insurance company to compensate J for her losses. What is the lawyer’s
professional obligation in this situation?
Advise J that she must attempt mediation before beginning a claim
Require J to prove that her backyard was damaged before having her sign a retainer agreement
Contact Y to verify his identity
Take steps to determine whether J is involved in a fraudulent scheme.
Q# 21. R sues M and S for breach of contract alleging that they are jointly and severally liable. M wants to
settle, but S does not. What must M’s offer to settle contain for the cost consequences of R 49 of the Rules
of Civil Procedure to apply?
An offer to pay half of R’s claim
An offer to pay half of R’s claim and an agreement with S to contribute to S’s costs
An offer to pay half of R’s claim into court
An offer to settle R’s claim against both defendants and to pay S’s costs.
Q# 22. Which one of the following statements is true?
Privilege is an ethical obligation
All confidential information is privileged
All privilege information is confidential
The duty of confidentiality is absolute
Q# 23. A lawyer must refuse to represent a client when the representation requires the lawyer to take which
one of the following actions?
Conceal incrimination evidence
Represent a cline the lawyer knows is guilty
Engage in conduct that lawyer finds morally objectionable
Allege wrongdoing by a judge
Q# 24. During the course of a highly contentious trial, the defendant’s juniorlawyer refuses to acknowledge
the plaintiff’s lawyers to the point of ignoring them when they are directly speaking to him. What should the
defendant’s senior lawyer do?
Note the behaviour for the junior lawyer’s annual performance review
Discuss with the junior lawyer the importance of maintaining cordiality with other licensees
Advise the plaintiff’s lawyers that the firm does not endorse the junior lawyer’s behaviour
Report the junior lawyer to the Law Society
Q# 25. T, a lawyer, has been retained by a law firm that has been sued for breach of a solicitor’s undertaking
give by E, a lawyer, who has been practicing in association with the firm. E has also been named as a
defendant in the action. The law firm denies liability on the bases that E had no authority to bind the firm
and was simply sharing office space with the firm. In addition to defending the claim, the law firm contacts T
to pursue E for contribution and indemnity. What is the best course of action for T to take?
Serve a statement of defence and crossclaim against E
Serve a statement of defence and issue a separate claim against E
Serve a statement of defence and issue a third party claim against E
Issue and serve a statement of defence and counterclaim against E

26.What is the earliest point at which a lawyer should open a new file?
When a prospective client contacts a lawyer to make general inquires, but does not disclose any confidential
info
When a prospective client contacts a lawyer seeking advice and discloses confidential information about his or
her situation
When a prospective client meets with a lawyer for the first time for an initial interview
When a prospective client agrees to retain a lawyer after the lawyer has checked that there is no conflict of
interest
Q# 27. M, a lawyer, has agreed to represent D, who believes that, due to negligence, he suffered significant
post-operative complications following surgery. D has provided the name of the hospital and the surgeon
who performed the surgery. D knows the surgery occurred sometime in July almost 2 years ago. It is now
June. What is the best course of action to be taken by M?
Issue a notice of action
Bring a motion to extend the time to issue a statement of claim
Attend at the hospital to obtain D’s medial reports
File a statement of claim
Q# 28. ABC Co employed the plaintiff for 20 years in senior management. The plaintiff’s employment was
recently terminated. ABC has been served with a statement of claim for wrongful dismissal under the
simplified procedure.Intheclaimtheplaintiff seeks damagesfor wrongfuldismissalintheamount of150,000
and punitive damages in the amount of 150,000. What is the best option available to ABC’s lawyer?
Bring a motion to strike the claim for non-compliance with R 76
Bring a motion for an order transferring the action into the ordinary procedure
Advise the plaintiff’s lawyer in writing that the claim is a nullity
Deliver a statement of defence that objects to the action preceding under R 76
Q# 29. S, a lawyer, is acting for plaintiff injured in a car accident. She does not have any evidence as to the
gender of the driver of the other vehicle involved in the accident. In cross-examination at trial, can S put to
the witness that a man was driving the other vehicle even though she is not able to prove that fact?
No, because the Supreme Court of Canada held that a layaway must have a strong factual basis upon which to
base questions in cross-examination
Yes, because S is entitled to use any tactics in cross-examination that will save her client’s interests
No, because S is making an assumption that the driver was male
Yes, because a cross-examination is entitled to put any preposition of fact to a witness as long as the cross-
examination has a good faith basis for asking the question
Q# 30. A lawyer acts for the plaintiff in fraudulent conveyance action commenced in Toronto. The first
defence in the action was filed 5 months ago. Discoveries of two of the three defendants have been
completed, but their undertakings have not yet been answered. Mediation is scheduled to take place in 2
weeks. What should the lawyer do?
Proceed with the mediation, because it must be held within 180 days of the first defence being filed
Contact the mediator to reschedule the mediation appointment
Obtain and file the written consent of the opposing lawyer(s) to postpone the mediation
Serve and file a notice of adjournment on the opposing lawyer(s)
Q# 31. C, a partner in a two-person law firm, meets with B, a potential client in the meeting. B has outbursts
of anger directed at C, previously. In discussion regarding he potential lawsuit, he is dismissive of C’s opinion
and insists that if he retains C, his lawsuit would have to be a priority over her other files. C tells B she cannot
help him. The following day a certified cheque is delivered to C office with a letter from B advising he has
every confidence in C and want to retains her. What should C do?

Keep the cheque and meet with B again for a further review of the matter
Send the cheque back to B with a letter to Boris stating that she is declining to act
Leave a telephone message for B advising that she will not act and return the cheque
Request that her parent meet with B to advise that C will not act and to return the cheque
Q# 32. W, a lawyer, represents the defendant in a civil litigation matter. After reading the expert report that
was served upon her, W retains her own expert to rebut the plaintiff’s expert. What must W do next?
Move to have her expert qualified to give opinion evidence
File a copy of her expert’s resume
Serve a copy of her expert’s report
Attach a copy of her expert’s report to the pre-trial brief
Q# 33. J, a lawyer, acts for XYZ Corporation. XYZ lost a trial before a Superior Court of Justice judge, who
awarded damages of 42,500 inclusive of interest XYZ is dissatisfied with the judgment and comments made
by the judge during the trail. If asks J to appeal. What should J do?
File a notice of appeal with the Court of Appeal
File a notice of appeal with Divisional Court
Seek leave of the DC to appeal the judgment
Seek leave of the trial judge to appeal the judgment
Q# 34. A lawyer determines that the statement of claim served on his client contains many scandalous and
irrelevant allegations. What action should the lawyer bring?
A motion to strike out the statement of claim under R 21
A motion for summary judgment under R 20
A motion to a judge to strike all or part of the claim under R 25
A motion to the court to stick all or part of the claim under R 25
Q# 35. Moon, a lawyer is representing a high-profile actress litigation with a movie studio. The studio’s
corporate counsel has tired to …..sway…. Public opinion against the actress by publicly referring to her as a
“troublemaker” who cost the studio thousands of dollars. A newspaper editor contacts Moon for ……After
taking with his client, Moon tells the editorthat his is uncertain that his client will get a fair trail because the
studio’s ‘campaign of hate” is so pervasive. Has Moon fulfilled his professional responsibilities in this
situation?
Yes, because the studio made pubic claims against his client that required a response
Yes, because the newspaper …..intacted…..the contact
No, because he should not have given a statement to a newspaper
No, because he is not promoting public respect for the justice system
Q# 36. A client hasbeensued fordamagesbyanout-of-provincecorporation.Preliminaryinvestigationreveal
that theplaintiffhasnon-sufficient assetsin Ontariotopaythecoast ofthe action shouldit lose.What should
the lawyer do?
Bring a summary judgement motion to have the action dismissed
Sever a notice of particulars of the corporation’s assets
Serve a notice of particulars of the corporation’s claim
Bring a motion for an order for security for costs
Q# 37. Mac, a lawyer is undergoing chemotherapy and taking medical maintenance pursuant toa physician’s
prescription. Cola has noticed that ……..marwhana… slow down her thinking for a few hours after smoking it,
but she does not feel that it has any other negative effect on her. Mc is representing a party at a hearing that
begins at 10:00 am. Feeling ill from a recent round of chemotherapy, Mac smoke some marhwana at 9:30 am
to …… her symptoms. Which one of the following statements is true?

Mac does not need to take any steps as she smoked the marhwana for legitimate medical reasons
Mac should advise the tribunal that she has recently smoked marhwana and by be slower at answering
questions
Mac should not appear before the tribunal as she is under the influence of a drug
Mac should take a leave of absence from work as she cannot fulfil her professional obligations
Q# 38. A law firm obtained a judgment in the amount of 50,000 for Sam. The funds have been received and
are deposited in the firm’s account. The law firm’s agreed upon fees are 10,000. How should the funds be
disbursed?
Apply to court for a final order for payment of the funds to Sam
Transfer funds representing the firm’s fees to the general account after 10 days, and then pay the balance to
Sam
Deliver the firm’s account and pay Sam the damages award less the firm’s fees
Serve the firm’s bill of costs on the opposing party and after 10 days pay the balance to Sam
Q# 39. Farah, a new lawyer, sets up a sole practice in a small town. She employs an assistant 3 days each
week. In the past 6 months, Farah has built up her practice to a caseload of 30 active files, 10 of which are
personal injury litigation. What action is most important for Farah to take to properly manage her practice?
Set aside time each week to review tasks to be completed
Meet with local lawyers to seek referrals for her practice
Have her assistant work 5 days a week
Review the litigation each week
Q# 40. A lawyer is meeting with Kim, a prospective client, for the first time Kim has indicated that this is a
matter related to discrimination in the workplace. Upon first meeting Kim, the lawyer used pronouns based
on Kim’s appearance when referring to Kim. During the meeting, Kim claims that Kim’s employer
discriminatedagainst Kim byrefusingaccess tothe washroomofKim’s choice.The lawyeris worriedthat Kim
has been offended by the lawyer’s pronounce and will not trust the lawyer to continue with case. What
should the lawyer do?
Continue referring to Kim as the lawyer has done, less Kim complains
Ask Kim for the preferred pronoun to use going forward
Switch to sender-neutral pronouns when referring to Kim
Avoid suing any pronouns and refer to Kim by name only
Q# 41. Foe and Joe are former partners in a join venture 26 months ago, a dispute arouse b/t them over the
terms of their partnership agreement. For the past 8 months, they have submitted their dispute to an
independent third party. Unfortunately the third part was unable to resolve their dispute. Last week, Foe
issued a statement of claim against Joe for an induction and damages. Joe has brought a motion to dismiss
the claim as being out of time. Will Joe be successful?
Yes, because the Limitation Act imposes a basic limitation period of 2 years from the day when the claim is
discovered
No, because the claim is subject to the 15 years unlimited limitation period u/LA 2002
Yes, because engaging in mediation does not suspend the running of the limitation period
No, because the limitation period was suspended while they agreed to try to resolve their dispute
Q# 42. In which one of the following circumstances is a motion generally brought on notice?
When seeking an order for substituted service.
Where delay would cause prejudice to the moving party
Where the issues are complex
When serve is impracticable

Q# 43. Chris, a lawyer, is preparing a new template retainer agreement for use and his litigation firm. Chris
wants to ensure that he complies with his privacy law obligations. What should Chris include in his retainer
agreement to assist with compliance?
The principles set out in Schedule 1 of the PIPEDA
Contact info for the Office of the Privacy Commissioner
An explanation of how the client’s person info will be used
The measures used to safeguard the client’s personal info
Q# 44. Bar, a lawyer, representing a community group in a longstanding dispute with the provincial
government. Bar’s client expects that discoveries will commence shortly after receipt of disclosure from the
other side. After reviewing the disclosure, it is clear to Bar that his client’s case is much …….easier….. than he
had originally thought. What should Bar do next?
Manage the client’s expectations
Schedule discoveries
Obtain additional retainer funds before proceeding
Discuss settlement options with the other side.
Q# 45. A lawyer is defending Amber in a tort action where it is alleged that Amber caused a car accident coz
she was speeding. Amber was unconscious at the scene and does not recall the accident. She does recall
driving through a snowstorm on her way to a ….. What is the best evidence to present at trial in Amer’s
defence?
Testimony form Abmer’s 10 year old daughter, who was a back seat passenger at the time of the collision
Testimony form a witness who saw Amber’s vehicle go by not far from the crash site
The report of a forensic engineer containing data taken from Amber’s vehicle that the lawyer thinks is favoured
The initial police report
Q# 46. A lawyer has served an expert’s report before the expert may give opinion evidence at trial what must
the lawyer do?
Serve a summons to witness on the expert prior to trail
Question the expert’s qualifications and ask the court to find that the witness is qualified as an ester at trial
Serve a summary of the expert’s anticipated evidence on the opposing side and serve a summons to witness on
the expert prior to trial
Bring a motion to qualify the expert at the opening of trail
Q# 47. A trial b/t two corporations is scheduled to begin in 60 days. The plaintiff’s lawyer intends to rely on
some, but not all of the business records listed int he clients affidavit of documents at trial. What should the
plaintiff’s lawyer do to prove these documents at
trial?
Prepare and serve and amended affidavit of docs
Prepare and file a supplementary affidavit of docs
Serve notice under ON’s Evidence Act
Serve notice under the Courts of Justice Act
Q# 48. The plaintiff’s lawyer served an expert’s report within the appropriate time. The defendant’s lawyer
did not serve any expert report in repose. The plaintiff’s lawyer has heard nothing from the defendant’s
lawyer. Must the plaintiff’s lawyer call the expert at trial to have the opinion admitted?
No, coz where no contrary expert report is provided, the plaintiff’s report will be accepted as fact
Yes, coz the expert’s evidence can only be admitted through the expert’s testimony
No, coz the report will be entered as evidence on consent at the commencement of the trail
Yes, coz when an expert report is served the expert must testify at the trial

Q# 49. Saj is being sued by a customer who slipped on the ice in front of Saj’s store. Tan a civil litigator, is
representing Saj. A week before trial Saj provides Tan with an invoice from a snow-clearing business that
shown that he had the front walk sh…… and salted approximately 20 minutes before the plaintiff fell. Saj has
never mentioned the invoice, and Tan believes that it may have been forged. How should Tan best proceed?
Inquire as to the authenticity of the invoice
Forward a copy of the invoice to the plaintiff’s lawyer
Recommend Saj make an offer to settle
Withdraw from acting for Saj
Q# 50. Ali, a junior lawyer in a large firm, was recently called to the bar. He is excited that Veer, president of
ABC Corporation, has called to schedule a meeting for this afternoon to discuss a potential employment law
litigation file. The potential defendant is Zac, an employee of ABC Ali’s assistant has ..........obscured…… at of
the .....details…… of the potential parties prior to the meeting. Ali learns that Zac is the best friend of Ali’s
supervising partner, Veer. Ali has spoken to Veer, who sees no problem in Ali acting against her friend. What
should Ali do?
Inform Veer of the potential conflict and obtain her consent to act
Refused to act coz there is a potential conflict of interest
Disclose the potential conflict of interest to Veer and Zac and obtain both their consents to act for ABC
Call Zac to obtain his consent to act for ABC negotiating the potential conflict of interest
Q# 51. Assuming that Ali’s firm is retained by ABC, what should Ali do?
Send a letter to Zac pursuing him on notice of potential litigation
Ensure that a file is ….cited…. and work is properly documented
Research general employment law issues to prepare an opinion letter
Draft and issue a statement of claim
Q# 52. At theirinitialmeeting,Veer advises Alithat Zacsuddenlyout hisemployment withABC andmayhave
taken a laptop computer that contains confidential customer info. What should Ali do next?
Notify the police of stolen laptop
Advise Veer that Zac is in breach of his employment contract and ABC can start legal proceedings
Start legal proceedings against Zac to obtain the return of he laptop
Obtain all relevant information from Veer
Q# 53. Priya attends at a law firm with her 23 year old son Riyad and her 16 year old daughter, Sureet to
discuss a car accident that occurred 22 months ago. P and S were seriously injured in the accident. R lives at
home, was not involved in the accident and does not have a claim. P was the owner and driverof the vehicle
in which S was a passenger. S was not wearing a seatbelt at the time of the accident. Jonah was the owner
and driver of the other vehicle involved in the accident. According to the police report the collision occurred
at an intersection. Both drivers claim that they entered the intersection on a green light.
Prima is concerned that S’s progress at school will be impeded coz of the time S missed to attend
physiotherapy. The lawyer assigned to the case is satisfied that a SCJ action should be commenced. What is
the lawyer’s first priority?
Determine whom the lawyer will be representing
Obtain medical and school records for S
Get identification from P and S
Issue a statement of claim
Q# 54. Whose acts should be considered in assessing for S’ claim for danger?
Jonah’s and Priya’s only
Jonah’s only
Jonah’s, Priya’s and Sureet
Jonah’s and Sureet

Q# 55. Jonah has been served with a statement of claim in which Priya is named as a plaintiff Jonah has
significant injuries. What pleadings should his lawyer prepare?
Statement of defence only
Statement of defence and counterclaim
Statement of defence and crossclaim
Counterclaim only
Q# 56. In a signed statement to an insurance adjuster made on the day of the accident, Sureet stated that she
was not wearing her seatbelt at trial in cross-examination. Sureet testifies that she was wearing her seatbelt.
What is the most effective way Jonah’s lawyer can prove the contrasts of the sighed statement as fact?
Put the signed statement to Sureet and acknowledge she now accepts as correct
Call the insurance adjuster to testify that Sureet singed the statement
Put the police report into evidence
In direct …mination ask Jonah what he observed with respect to Sureet’s seatbelt after the accident
Q# 57. Jonah, Priya and Sureet’s litigation guardian agree to settle the claims related to the case In order for
to be binding who must approve the settlement?
A judge
Sureet’s litigation guardian
Priya
Sureet
Q# 58. Kaur and her husband, Raj are involved in a single car accident on Highway 401 at Milton, ON. There
had been a major snowstorm 2 days prior to the accident. Raj was the driver, and both he and Kaur suffered
significant injuries. 7 days after the accident, Raj and Kaur condole with Soori a lawyer. Which one of the
following concerns should Soori consider first?
Statutory notice requirements
…..Obtain…… of damages
Money retainer
Notice to Raj’s insurer
Q# 59. Soori is preparing the statement of claim, What must Soori include?
Proof of the cause of the accident
Witnesses to be called at trial
Appendix containing medical records
Material facts related upon
Q# 60. Two weeks prior to the scheduled trial date, Soorireceives a call from the opposing lawyer requesting
a meeting to discuss settlement. What should Soori do?
Decline to meet as he has been preparing for a trial
Obtain instructions to meet with the opposing lawyer
Advice the trial coordinator of ongoing settlement negotiations
Request and adjournment to facilitate the settlement negotiations
Q# 61. Soori as plaintiff’s lawyer, want to use the transcripts of the examinations for discovery at the trial.
How can this be accomplished?
Read in the relevant parties o the plaintiff’s transcript
Read in the relevant parties of the defendant’s transcript
Ask the court for leave to read in the relevant parties of the plaintiff’s transcript
Ask the opposing lawyer for consent to read in the relevant parties of the defender’s transcript Criminal

Q# 62. Jon is charge with first degree murder in Ottawa, ON and is the be tried by a judge and jury. Jon’s
lawyer has brought a change of venue application to move the trail to Comwall, ON. Which one of the
following factors would be most important in determining the outcome of the application?
Jon and his witnesses reside in Comwall, a 2 hour drive from Ottawa
The wait time for trials is 9 months in Ottawa and 3 months in Comwall
On the date of the alleged offence, Jon was simply passing through Ottawa and has no ties to that community
There have been numerous media reports in Ottawa that highlight Jon’s significant criminal record
Q# 63. Jim rushes into his lawyer’s office carrying a brown paper bag. He tells the that he shot his sister. Jim
retains the lawyer He then hands over the bag. Saying “Here’s the gun”, and leaves. What is the lawyer’s
professional responsibility?
Turn the gun over to the police and tell them where it was obtained
Keep the gun in a safe place unless the client instructs otherwise
Arrange to have the gun turned over to police without revealing the client’s identity
Return the gun to the client and tell him not to destroy it
Q# 64. Kim 17 yearsoldhas beenchargedwithshopliftingPolicebring Kimtothestationandwant toquestion
her Kim want to as her uncle for advice and have him present when she talks to police. Which one of the
following statements is true?
If the Crown proceeds by summary convention, Ki has no right to have an adult present
Kim can contact her uncle for advice, however, the has no right to have him presence at the police station
Kim can only consult a parent or legal guarding
If police do not comply with Kim’s request, her statement may not be admissible
Q# 65. Mil makes a proposal to his lawyer, Bosh. If Bosh wins the show cause hearing, Mil will pay her 25000
If Bosh loses the show cause hearing, she gets noting. Bosh believes that the Crown will consent to release.
What should Bosh do?
Accept the proposal but only after singing a retainer agreement
Accept the proposal but only after advising Mil that the Crown will likely consent to release
Decline the proposal and suggest a more reasonable contingency amount given the circumstances.
Decline the proposal and suggest a flat fee or hourly retainer
Q# 66. Alawyergets call froma client Hans, whohas beencharged withmanslaughterandtakentothepolice
station. Which one of the following statements is true?
Police can’t interrogate Hans coz he has already been charged
All discussions must by law be video or audio recorded
There is no absolute right to have a lawyer present during questioning
Any statement Hans gives is inadmissible unless he sign it.
Q# 67. T and Y are charged with robbery. Both have criminal records. T is arrested at the scene and F is
arrested 2 days latter F retains M a lawyer to represent him. Afterreviewing the disclosure M concluded that
the case against F is not very strong. F admits to committing the robbery and stated that T was not involved
F wishes to go to trial. What would M do in representing F?
Put T’s prior criminal record into evidence
Submit that the evidence is insufficient for a finding of guilt
Advise F to plead guilty
Withdraw his services coz F insists upon a trial

Q# 68. Which one of the following statements about representation of two clients in a joint retainer is true?
A lawyer may represent two clients in a joint retainer when the client’s interest are not aligned
A lawyer must represent two clients to obtain ILA before entering into the joint retainer
A lawyer must keep each client confidential from the other upon prior written consent of both clients
A lawyer may withdraw from representing one client and continue representing the other, upon written consent
of both clients
Q# 69. In determining judicial release what best describes a reverse onus situation?
The prosecutor must show, on a balance of probabilities why detention is justified
The accused must show on a BOB why detain is not justified
The accused must show BRD why detention is not justified
The prosecutor must show BRD why detention is justified
Q# 70. Anindigenousaccusedhasbeenchargewithoffenceunderthe criminalcode.Theadducedhaselected
to have a trail b/4 judge and jury. The lawyer wishes to ensure an unbiased jury panel. What should the
lawyer do?
Bring an application u/s 15 & 24.1 of the CCR&F from an order requiring a minimum number of Indigenous
jurors
Challenge the jury panel u/s 629 of the CC less there is a majority representation of Indigenous jurors
Challenge the individual jurors for cause on the ground that potential juror may be partial or biased against an
indigenous accused
Bring an application for change of venue to empanel the jury in a jurisdiction that includes federal territory
reserved for indigenous Canadians
Q# 71. Aria CriminalLawyer,representsPolwhoischargewithdrugs trafficking.Polhasyet topayanoverdue
notice to Ari. Pol tells Ari that he will send his friend Roy to pay the outstanding invoice later in the day. Pol
gives Ari an envelope to give to Roy when she sees him. Ari ask Pol what is in the package and Pol does not
answer. What should Ari do?
Refuse to accept the envelope from Pol
Tell Pol to wait in the office to give Roy the envelope himself
Refuse to represent Pol further
Tell Pol that she cannot receive payment form a third party
Q# 72. A layer is representing a client in a criminal jury trial. Both the lawyerand the Crown have made their
closing submissions and the trial judge is now change the jury. The judge gives the jury the law as it relates
to the trial generally and to the specific offence alleged. The judge summons the positions of the Crown and
the defence, summarizes the evidence that the jury heard and notes that the accused did not testify. What
should lawyer do?
Seek leave to appeal the verdict if the jury finds the client guilty
Wait for the jury to renew its verdict and ifthe clientis fond guilty appealthe verdict due to the judge’s improper
change to the jury
Object to the charge to the jury coz the judge is not permitted to comment on the accused’s failure to testify
Appeal the judge’s charge to the jury b/4 a verdict is rendered coz the judge is not permitted to concerned on
the accused failure to testify
Q# 73. A lawyer is conduction a preliminary hearing for a client who is charge with backrobbery. No evidence
was called regarding identity. The preliminary hearing justice committed the client to start trial. Wha can the
lawyer do?
Apply to the preliminary hearing justice for reconsideration of the committal committal to stand trial
Apply to the regional senior justice for reconsideration of the committal to stand trial
Apply to the SCJ to quash the committal by way of certiorari
Apply to he CoA for an order of mandamus directing that the committal be quashed

Q# 74. Two years ago, Pet was convicted of aggravated assault and the court imposed a 10 years weapons
prohibition pursuant to s 109 of CC Pet has now been offered employment by a security firm that requires
him to hold a firearms licence and carry a gun. What should he lawyer do?
File an appeal of the original prohibition order citing a change in circumstances
Advise Pet that the weapons prohibition must run at least 5 years coz he was convicted of an indictable offence
Inform Pet that employment related firearms do not fall u/CC of Weapon and he can obtain a licence
Bring an application to the court to issue a licence for a firearm pursuant to s 113 of the Code
Q# 75. The Crown Attorney is beginning a preliminary inquiry in a murder prosecution Keth a soldier in he
Canadian military was a witness to a prior affection b/t the deceased and the accused. The defense concedes
that the Crown has already called sufficient evidence for a committal order leading to trial. Why would the
Crown want to call Keth as a witness in the preliminary inquiry?
To allow the presiding justice to evaluate Kethe’s credibility
To permit Keth the experience of being cress-examined
To preserve Keth’s evidence for use at trial
To enable the public to hear the evidence
Q# 76. The Crown is prosecuting an accused for assault in the examination in chief of the complainant the
Crown fails to elect any evidence with respect to the identity of the alleged assistant. This issue is not raised
in cross-examination. Which one of the following statements is true?
Identity is not essential element of the offence of assault
Identify can be addressed in re-examination without leave
Identity should have been addressed in examination in chief
Identity evidence can be appropriately raised in rebuttal
Q# 77. A Crown Attorney is preparing for a robbery trial. Vance a bank teller gave a statement to the pole
describing the closing won by the robber at the preliminary inquiry, Vance’s evidence was consistent with his
police statement. A week prior to trail the officer in charge and the Crown review Vance. Vance states that
he was wrong about the closing and provides a different description What must the crown do?
Tell vance that his evidence should be consistent with the police statement
Inform Vance that the first statement must be correct coz he singed the officer’s notes at the time
Remind Vance that her was under oath when he gave his evidence at the preliminary inquire
Ask the officer to take of the material change in Vance’s Statement and disclose it to the defense
Q # 78. A Crown Attorney is preparing for a robbery trial. V, a bank teller, gave a statement to the police
describing the clothing worn by the robber. All the preliminary inquiry, V’s evidence was consistent with his
policestatement.Aweek priortotrial,theofficerinchargeandthecrownreviewV. Statesthat hewas wrong
about the clothing and provides a different description. What must the ground do?
Tell V that his trial evidence should be consistent with the police statement.
Informed V that the first statement must be correct because he signed the officer’s notes at the time.
Remind V that he was under oath when he gave his evidence at the preliminary inquiry.
Ask the officer to take notes of the material change in V’s statement and disclose it to the defense.
Q # 79. In Feb 2020, S approaches a lawyer in sole practice to defend her against criminal charges. She was
denied a legal aid certificate. The lawyer decides to bring an application changing S denialof legal aid on the
ground this violates her right to counsel under sec 10b of the Canadian Charter of Rights and Freedoms.
Subsection 13(1) of the Legal Aids Act 1993 provides that Legal Aid Ontario “Shall provide legal aid services
in that areas of criminal law. Which one of the following remedies should the lawyer seek?
A declaration that section 13(1) of the Legal Aid Services Act 1993 is invalid as in accordance sec. 10 of the charter.
A Dismissal of the charges against S.
A monetary award of damages.
An order directing that a legal aid certificate be issued.

Q # 80. Oliver is a criminal lawyer who shares an assistant with Brock, another lawyer in the firm. Oliver has
overheardBrockmakingcommentstotheassistant suchas “youbetternot get pregnant becausemylast two
assistants both left because of pregnancies and I don’t want to train someone new. Oliver believes that the
comments were meant to be humorous. What should Oliver do first?
Report Brock to the Law Society.
Contact the Ontario human rights Commission.
Talk to Brock about his comments.
Ignore it because Brock is only joking.

Q # 1. D was arrested for the indictable offence of theft over 5000 and was released on promise to spouse.
She was subsequently arrested for the indictable offence of robbery. What is the onus at her bail hearing?
The crown must convince the justice beyond a reasonable doubt that D should be detained.
D must convince the justice beyond a reasonable doubt that she should be released.
D must convince the justice on the balance of probabilities that she should be released.
The crown must convince the justice on the balance of probabilities that D should be detained.
Q # 2. Following the charges to the jury, the lawyerfor both the defence and the Crown feel there were error
made by the judge. What should the lawyer do?
Make the objections on the record and ask for re-instruction.
Await a verdict so that the applicant can file the objections in writing.
Note the errors in their respective files for use on appeal.
Discuss the error in the judge’s chambers and apply on the record for a missed.
Q # 3. S representsa client chargedwithfailuretocomplywiththereleaseorder.Whenhereviewsdisclosure
S determines that he personally could provide testimony that would clear his client and should appear as a
witness at trial. What should S do?
Retain co-counsel and provide his evidence by way of an unsworn statement at the commencement of trial.
Testify at trial while continuing to represent the client.
Withdraw from representing the client and transfer the case to another lawyer.
Continue representing the client as long as he provides his evidence by sworn affidavit.
Q # 4. M has been convicted of human trafficking following a three-week trial in the Spier Court of Justice.
The Crown asked the judge to make an order for a DNA sample from M. Which one of the following
statements is true?
The crown must satisfy the court that such an order would not be grossly disproportionate to the public interest.
The judge must make a DNA order if Mis sentenced to any period of incarceration.
The crown preceded by indictment so a DNA order is mandatory in this case.
The judge will likely make the order unless Mconvince the judge that the order should not be made.
The crown preceded by indictment so a DNA order is mandatory in this case.
Q # 5. Anna, the lawyer for the accused reviewed the initial Crown disclosure in her assessment, there were
two visible defences identification and self-defence. At the preliminary hearing, Anna cross examined
witnesses on both defences after the preliminary hearing the DNAresults came back and were disclosed. The
DNA evidence clearly establishes that the accused was at the scene. What should Anna do?
Bring a motion before the trial judge to have the evidence excluded for late disclosure.
Apply to re-open the preliminary hearing to cross examine on the DNA evidence.
Conduct a trial in the same way as the preliminary hearing because the crown cannot bolster as evidence.
Reassess the theory of the defence in light of the recently disclosed materials.
Q # 6. In respect of all individuals charged with offences listed in section 469 of the criminal code. What do
the criminal proceedings rule for the Spier Court of Justice Ontario required for judicial interim release?
An affidavit from past employers in all circumstances.
Viva voce evidence in respect of the circumstances of the offense.
Cross examination of the accused and all sureties.
The accused to follow the same procedure as it’s seeking a bail review
Q # 7. Matt whois detainedincustodyischargedwiththeft under$5000. His lawyer tells himthat theCrown
is prepared to resolve the matter on a time served basis. If Matt pleads guilty at the next court appearance.
Mattt wants to take the deal. What should the lawyer tell Matt?
The sentence will be time served because the Crown must keep its word.
The sentence may or may not be time served because a mandatory DNA sample will have to be taken.
The sentence will be time served because the court is bound by a joint submission.
The sentence may or may not be time served because the court is not bound by a joint submission.

Q # 8. Francis has been charged with aggravated assault and the crown is proceeding by indictment. Francis
elect a trial by judge and jury. A preliminary inquiry has been held before a provincial court judge. The matter
has now been sent to the Superior Court of Justice. Which one of the following statements is true?
40 daysafter completionof the preliminaryinquiry,Franciscanre-electtobe triedby provincial courtjudge alone as of
right by writing to the prosecutor.
50 days after completion of the preliminary inquiry, Francis can re-elect to be tried by SCJ’s Judge alone as of right.
40 days aftercompletionof the preliminaryinquiry,Franciscan re-electto be tried by provincial courtjudge alone with
the consent of the trial judge.
50 days after completion of the preliminary inquiry, Francis require a written consent of the prosecutor in order to re-
elect to be tried by Superior Court of Justice Judge alone.
Q # 9. Drill is charged with first-degree murder pursuant tosection 235 of the criminal code. The crown relies
onforensicevidencetakenat thesceneas wellas Drill’s inculpatorystatement.Drill’sLawyer,afterreviewing
disclosure and meeting with Drill on several occasions is of the way that the Drill may have a defence of not
criminally responsible by reason of mental disorder under section 16 of the code. What instructions should
Drill’s lawyer seeks from Drill?
Bring a pre-trial application for an order that the crown retained of forensic psychiatrist to assess Drill.
Retain a forensics psychiatrist to assess grill.
Bring a motion to have Drill brought before the Ontario review board.
Refrain from pursuing this issue until the crown has proven its case.
Q # 10. In which one of the following situations should the parents of a youth client be present fora meeting
with a lawyer?
After the youth gives permission.
After the parents have paid the retainer fees.
When the victim is a sibling of the youth.
When the offence is serious.
Q # 11. A lawyer is appealing a clients conviction of an indictable offense. Which one of the following
statements is true?
No factum is required if the lawyer is not a appealing this sentence.
The lawyer must perfect the appeal within 90 days of the conviction.
Four copies of the trial transcript must be ordered.
The court can revoke bail if the appeal is not perfected in time.
Q # 12. Lana a lawyerrepresentsanaccusedwhomshe believesmayhave schizophrenia.Nanasecure thanassessment
from a psychiatrist to determine criminal responsibility. The psychiatrist has verbally advised Lorna that the accused
was competentand intendedhis actions. The trial has began but the crown case has not yet concluded.What should
Lana to do?
Refrain from disclosing the psychiatrist opinion or calling the psychiatrist in the defence case.
Disclose the psychiatrist opinion no later than the end of crowns case.
Disclose the psychiatrist opinion and call the psychiatrist as part of the defence case.
Refrain from disclosing the psychiatrist opinion, but give notice of the psychiatrist qualifications.
Q # 13. With respect to a complainants prior sexual history, which one of the following statement is true?
Evidence of a complainant prior sexual history is never admissible without an individual constitutional exceptions to
Statutory.
Evidence thathassignificantprobativevaluecanbe excludedifit’spre-judicial effectsubstantiallyoverrightandprobatvie
value.
Evidence may be admitted for a limited purpose, upon consent of the attorney general.
Evidence is admissible for the purpose of showing the complainant is more likely to have concern or is less worthy of
believe.

Q # 14. Bettis was convicted of assault in October 2019, she was then convicted of theft under $5000 in November
2019, Bettis is being convicted for both matters in December 2019. What sentence could the justice impose that
includes a conditional sentence?
10-month jail sentence for the assault, to be followed by an 18 month conditional sentence for the theft.
A 12-month jail sentence for the assault to be followed by an 11 month conditional sentence for the theft.
A two-monthintermittentjail sentence for the assault to be followed by 24 month conditional sentence for the theft.
A 17-month conditional sentence for the assault to be followed by a 17 month jail sentence for the theft
Q # 15. Which of the following pieces of information is the most important for the crown to redact in disclosure?
Complainants address.
Witness citizenship.
Accused place of incarceration.
Police officers work cell phone number.
Q # 16. S and her boyfriend, H, both 16 years old are charged with simple possession of cocaine contrary to section
for (one) of the controlled drugs and substances act. They are both in custody. Both sets of parents have brought a
money retainer to the first meeting with R a lawyer.
Once R is retained which one of the following actions should he take first?
Request disclosure.
A meant of judicial pre-trial.
Discuss the case with the crown.
Set a trial date.
Q # 17. The crown has screenedthe matter for diversionS parentsare admitted that theirdaughter has done nothing
wrong and will act allow her to except responsibility. What should Roddy do?
Set the matter for trial.
Adjourned the case for a guilty plea.
Have S completes the paperwork to enter the diversion program.
Meet with S alone to obtain instructions
Q # 18. The police interviewed S without a parent or adult relative present. The statement was not audio or video
recorded. During that interviewS admittedthat the drugs were her and that H had no knowledge of the drugs. What
advice should R give S about her statement to police?
If S was given the opportunity to have a parent or other adult relative present during her interview and she verbally
declined that statement may be admissible.
Police were notrequiredtogive herthe optionof havingparentoradultrelative presentsothe statementisadmissible.
If S was not given the opportunity to have a parent or other adult relative present during her interview this statement
may be inadmissible.
Police were required to have H present during the interview ……………………………………
Q # 19. S was detained by a justice of peace after a bail hearing. What option is available to her?
She is intitled to a de novo release hearing before a youth justice court judge.
The de novo release hearing will be heard by a superior court judge.
The bail review will take place before a judge of the Ontario court of justice.
She should schedule another bail hearing before a different justice of the peace within seven days.
Q # 20. Despite S’s position that the drugs were her and H had no knowledge of them. S’s parents want R, Lawyer to
focus on H at trial and portray him as the guilty party. What should R do first?
Follow S’s parent’s instructions regarding ……………..
Prepare material immediately to remove himself as counsel for both S and H dude to conflict of interest.
Meet with both S and H and obtain their instructions.
Arrange a meeting with H’s parents to advise that he can’t longer represent their son.

Q # 21. The police based their case on tip from confidential informant. R notes that the name and address of
the informant was incidentally left on the disclosure. What should R do?
Inform his client immediately as it is post of the disclosure.
Obtain instructions from his clients to retain a private investigator to interview in confidential informant.
Supply a copy of the disclosure to his client without highlighting the informant’s identity.
Redact the disclosure of the crown before the clients review it and advise the ground of the error.
Q # 22. At trial the crown attempts to introduce S statement to police to manipulate her in the crime. What
must the crown proof?
The Crown must only prove beyond a reasonable doubt that S statement was Voluntarily.
The Crown must prove beyond a reasonable doubt that S’s statement was voluntarily, her
right and options under the Youth criminal justice act explain to her and she waived those rights and options.
The crown must only prove on a balance of probability that S’s statement was voluntarily .
The Crown must approve on the BOP that S’s statement was voluntarily her rights and options under the youth
criminal justice were clearly explain to her, and she waved those rights and options.
Q # 23. Benson was arrested for assault and trafficking in a controlled substance. Both indictable offences are
not listed under section 469 of the criminal code. He called Melissa a lawyer from the police station upon
arrest and retained her.
What should Melissa do with respect to seeking Benson’s release?
Speak with officer in charge to determine, …..if…. Benson can be released from the station.
Call duty counsel to ensure that someone can appear for B in the morning.
Attend court immediately to speak with the duty crown counsel to get the appropriate terms for Benson’s
release.
Bring an application for Heabeus Coprus.
Q # 24. When what time frame must the police produce Benson before a justice if a show cause hearing is
warranted?
Immediately upon opening of the court in the morning.
As soon as possible in any case, within 24 hours.
When the investigation conclusions and the initial brief is prepared.
Before the end of the …………………………. of the court the next day.
Q # 25. If Benson is convicted of both offenses, as a part of sentencing. What may the court to do?
Impose an increased term of imprisonment in lieu of a victim fine surcharge.
Impose a victim fine surcharge of no less than $200 per-count unless there would be undue hardship.
Impose a victim fine surcharge of either $100 or $200 depending on the circumstances of the offense.
Deffer the imposition of the victim fine surcharge for consideration by the parole board.
Q # 26. If Benson is acquitted, under what circumstances may the crown appeal?
On the question of mix fact and law.
On the question of fact alone.
On the question of law alone.
On the question of inadequacy of sentence

Q # 27. A is a lawyer who represents the applicant in the Family Court matter. Which one of the following
statements is true?
Where the respondent has a lawyer, A may speak with the respondent after informing the respondent lawyer
of his intent to do so.
Where the respondent has a lawyer, A must speak with the respondent after that respondent’s lawyer has
instructed to do so.
Where the respondent has a lawyer, A may not speak with the respondent unless the respondents lawyer’s
consents.
Where the respondent does not have a lawyer, A must not speak with the respondent unless the respondent
consents.
Q # 28. Nicole and Dane are opposing lawyers about to start a family law trial. Nicole announces that she has just
retainedan expertwhoisreadyand available to testifyasher firstwitness.The experthasnot prepareda report.What
if anything should Dane do?
Ask the court to refuse to permit the expert to be called as a witness.
Seek and adjournment of the trial to permit Nicole’s time to properly serve and file her experts report.
Nothing the family law rules permit Nicole to call her expert to testify.
Permit the expert to be called as a witness, but request cost at the conclusion of the trail.
Q # 29. Fernando a lawyer overheard a conversation between the opposing lawyer and Law Clerk regarding
their clients position on the settlement of the pending action. Fernandorealizes that his client can get more
than expected based on this conversation. What should Fernando do?
Prepare an offer to settle.
Advise the opposing lawyer that he overheard the conversation.
Amend the motion to the benefit of his client.
Propose a settlement meeting prior to the motion.
Q # 30. A supplementary report by a litigation expert in the case that does not involve child protection must
be served at least how many days prior to a family law trial?
14 days
30 days
60 days
80 days.
Q # 31. What is the benefit of negotiating prior to commencing litigation?
It’s fulfils the negotiation prerequisite of the family law rules.
Admissions in negotiations may be used as evidence to support the case.
It provides insight into the other side’s perspective.
Negotiations can increase cost for the opposing party.
Q # 32. Which factor would be irrelevant to the best interest of a child determination under the children’s
Law Reform Act?
Financial needs of the child.
Each parent type of job.
Bonding between child & nanny.
Religious upbringing.

Q # 33. E solely owns the metrimoneal home K, her husband, has moved out and the parents have had
separately for 6 months. K & E … she may list and sell the home and can keep the proceeds. Can E sell the
home?
Yes, because K has told her she may do so.
No, because K did not sign a written consent.
Yes, because she is the sole owner.
No, because net family property has yet to be equalized.
Q # 34. J & B plan to marry in 3 months. They are both 30 years old and neitherhas been previously married.
They are of different religions. B owns a whom left to her by herparents. She wants to protect herhome and
not share any of the value with J. The parties also have agreed that any children they have can be raised
under B’s religion. J is content to leave the home in the event that there were to separate, but he wants B to
release spousal support in return. In addition to B’s desire to exclude the value of the house at the date of
separation, what issue can be dealt with in a marriage contract?
J’s release of a right to seek ownership in the house, the care and upbringing of the children, and release of
Spousal Support.
J’s release of a right to possession of the house, the care and upbringing of the children, and the release of
spousal support.
J’s release of a right to seek ownership in the house, J’s release of a right to possession of the house, and the
care and upbringing of the children.
J’s release of a right to seek ownership in the house, custody of the children, and release of spousal support.
Q # 35. Under which one of the following circumstances would a waiver of spousal support likely be upheld
in a domestic agreement signed by the wife?
If he executed the agreement after comprehensive negotiations and a person who is not a liar witnessed it.
If she executed the agreement because her husband said he would take the children from her.
If she executed the agreement without her husband providing financial disclosure.
If she executed the agreement at a time when she had a brain tumour that was affecting her judgment.
Q # 36. E believes the financial statement filed by L in response to the child and spousal support application
does not contain sufficient information. What is the best next step for E’s lawyer after repeatedly writing for
the information?
Bring a motion for an order that L provide the information.
Schedule a motion to strike L’s pleadings.
Bring a motion to dismiss L’s pleadings.
Schedule a case conference.
Q # 37. In which one of the following circumstances would leave be required to bring an appeal to the
divisional court?
To appeal a temporary order of the Superior Court of Justice for custody under the Children’s Law Reform Act.
To appeal a final order of the Superior Court of Justice for an equalization payment in the amount of 35,000.
To appeal a temporary order of the Ontario court of Justice for care and custody in a Child, Youth and Family
Services Act 2017 proceeding.
To appeal a final order of Superior Court of Justice for extended society care under the Child Youth and Family
Services Act 2017.
Q # 38. B is a family law lawyer who, after years of trial practice, now exclusively processes collaborative
family law. She meets with the prospective client whose spouse has already hired a collaborative family law
practitioner. What is the most important for B to determine before agreeing to reprocess this prospective
client?

Whether the prospective client will pay a money retainer.
Whether the custody an access of children is an issue.
Whether the prospective client wants to go to trial.
Weather spouses signed a marriage contract.
Q # 39. B, a lawyer, is representing T, a husband, in a matrimonial dispute T is a difficult client. He often
challenges B when she advises him, requiring her to do extra research to explain the effectiveness of certain
strategies. Although T eventually takes B’s advice, she is frustrated by the pace of the matter and the extra
work. T cannot make a decision about settlement offer and asks B for more information B would like to
withdraw from representation and feels she has justifiable cause to do so. She tells T that she will have to
withdrawfromthismatterifhe is not ableto makeuphis mindwiththeinformationhehas.Is thisa response
to T appropriate?
Yes, because there has been a serious loss of confidence between the lawyer and client.
No, because she did not give him a reasonable notice of the withdrawal.
Yes, because he is persistently unreasonable and uncooperative.
No, because she used a threat to force him to make a hasty decision.
Q # 40. An appeal of a final order from the Ontario Court of Justice requires the filing of a notice of appeal
with which court?
Superior Court of Justice.
Ontario Court of Justice.
Divisional Court.
Court of Appeal for Ontario.
Q # 41. K, a lawyer, represents S in a family law matter. S would prefer to resolve the dispute in the least
adversarial way possible. Which one of the following processes should K recommend?
Collaborative law.
Case conference.
Arbitration.
Summary judgment.
Q # 42. What is one of the benefits of using an alternative dispute resolution mechanism instead of court?
Independent legal advice is not required.
It is always less expensive than court.
The terms of settlement are more easily enforced.
The terms may address cultural factors that could not be addressed in any other process.
Q # 43. W, a lawyer in sole practice, is preparing a net family property settlement. His client has a significant
amount of stock options, some of which have already vested W wants to calculate the value of the stock
options less the disposition costs. What is the best method for doing this, if any?
Use the client’s current tax rate assuming that the stock options will vest and be cashed in immediately.
Determine the client’s remaining lifetime capital gains tax exemption and deduct the value of the stock options
from this amount.
None, because it is not appropriate to claim disposition cost on a net family property statement.
Obtain an expert opinion.
Q # 44. S, a lawyer, has a client, N, who has two children. N and his wife separated two years ago and have
been able to establish a visitation schedule that takes into account the younger child’s speech therapy
sessions and the older child’s hockey schedule. They have also divided the household chores between them.
They have discussed, but could not agree on, child support N wants the separation done “legally” and has
suggested court proceedings. What is S's best course of action?

Issue a divorce application and set a date for a case conference.
Recommend to N that he consider a mediated separation agreement.
Write a demand letter to N’s wife prior to commencing court proceedings.
Meet with both parties and draft a separation agreement containing terms acceptable to both of them.
Q # 45. M and J have been married for 10 years. They enter into a separation agreement. They are not
divorced. The agreement provides that M transfer all of her shares in ABC corporation to J. She purchased
the 2000 shares for five dollar a share. Today the shares are publicly trading at $10 each. What are the tax
consequences of the transfer, assuming that the parties sign a joint election regarding attribution?
J pays no capital gains tax, and M pays capital gain tax on $1000 upon the transfer.
M pays no capital gains tax and J pays capital gains or losses when he disposes of the shares.
J’s pays capital gains tax on $1000 upon the transfer and M pays no capital gains tax.
M pays no capital gain tax and J pays capital gains tax on $2000.
Q #46. H andS havelivedtogetherinaconjugalrelationshipfortwoyears.Theyhavenochildrenandrecently
separated H is unemployed can H obtain support from S?
Yes, because he is unemployed.
No, because he is not a spouse.
No, because they are not married.
Yes, because he is a spouse.
Q # 47. T consults with R a lawyer because her ex-husband has not increased his child support payments
during the past four years even though his salary has more than doubled in that time. T is eager to retain R
to seek a retroactive increase in child support.
How should I advise Tiffany regarding …..… limitations on regard to her claim?
There are no limitations period for child support.
The limitation period is two years.
Retroactive support may be limited to three years.
The limitation period is three years.
Q # 48. T would prefer to go to court rather than except less than 4 years of retroactive adjustments. What
should R advise her?
The cost of going to court outweigh the benefits.
There is nothing to lose by going to court.
She may be ….. worse off than if she settled.
She will get her money sooner if she goes to court.
Q # 49. The parties have reached a ……………. agreement. The ex-husband’s lawyers have prepared a consent
to an order for an amount greater than what the parties have agreed upon. What should R do?
Obtain instructions from T.
Confirm the amount with the opposing lawyer.
Have T sign the consent.
Bring a motion to confirm the agreed upon amount
Q # 50. D and M cohabited fortwo years. They have one child R who is 10 months old. As per their separation
agreement. D has to pay M $250 per month in child support The parties reside in the jurisdiction that does
not have a unified Family Court. D quits his job and stop paying child support.
What is the first step that M should take?
Bring a motion for enforcement.
Send a copy of the separation agreement to the family responsibility office for enforcement.
Provide a copy of the separation agreement to the Canada Revenue Agency for enforcement.
File a copy of the separation agreement with the court.

Q # 51. The separation agreement is silent with respect to spousal support. Could eitherparties seek spousal
support from the other?
No because the separation agreement has been signed and this is not a unified Family Court jurisdiction.
No because the parties have not residing together for at least three years.
Yes because they are rebound of some permanence and have a child together.
Yes because they are members of a family ……….
Q # 52. R severely disabled and will never be self-supporting. For how long will R be entitled to child support?
Until R no longer required support.
Until R reaches the age of 21.
Until R completes a first- degree or diploma.
Until R attains the age of majority.
Q # 53. Two years after the separation. Megan learns that Dylan solely owned the house in which they were
residing. He had not disclosed this to her. What relief can M seeks from the court?
An equalization of net family property?
Setting aside of a financial provision of the separation agreement.
Exclusive possession of the house.
Partison and sale of the house.
Q # 54. M and D are separating after living together in a common-law relationship. They agreed that their
twochildrenwillreside primarilywithM, withliberalvisitationtoD. M wantstomove withthechildrenfrom
Toronto, Ontarioto Dallas, Texas. D is opposed to this move and has retained W, a lawyer to represent him.
If D and M were to go to court underwhat legislation could they proceed with their claim for custody access
and money?
Divorce Act.
Family Law Act.
Children Law Reform Act.
Child, Youth and Family Services Act 2011.
Q # 55. If M is permitted to move with the children to Texas, under what legislation could D seek to reduce
his child support payments for reasons of undue hardship?
Divorce Act
Family Law Act
Inter Jurisdictional Support Order Act 2002
Children’s Law Reforms Act.
Q # 56. The parties do not settle. A trial is scheduled for January. How many days prior to trial should W file
her trial record on D’s behalf?
At least 30 days.
At least 60 days
At least 90 days
At least 120 days.
Q # 57. M is successful at trial at the Ontario Court of Justice. D instructs W to appeal in what court must W
file her notice of appeal?
Court of Appeal for Ontario.
Divisional Court
Family Court
Superior Court of Justice

Q # 58. P contacts T, a family law lawyer, for an initial consultation because she anticipates a high conflict
court battle with her estranged husband about their children and finances. T meets with P the following
afternoon.
P reveals that her husband has been having a long-term affair and that his new partner is pregnant. Her goal
is to ruin her husband financially. P wants her husband out of the house as quickly as possible. She wants a
speedy and inexpensive resolution of her issues on a final basis.
T issues an application on P’s behalf. After the case conference, the parties entered temporary minutes of
settlement. P obtain primary custody of the children and interim child support based on her husband having
an imputed income of 100,000. P believe this is less than he earned during the marriage, but he is self-
employed and has not provided detailed information regarding the cash component of his business.
The parties cannot resolve their issues on a final basis and are now proceeding totrial strictly on the issue of
the quantum of child support and pro rata sharing of section 7 expenses.
Before his initial meeting with P, what should T have done first?
Asked if she has legal aid.
Requested an initial money retainer.
Conducted a conflicts check.
Determined who is representing P’s husband.
Q # 59. T and P have a written retainer agreement. What should the agreement include regarding
communication?
Method and frequency of communication
Whether emails will be returned during non-business hours
Office hours & meeting locations
That all communication must be in writing
Q # 60. With regard to P’s claim for child support, what should T have recommended first?
A request for supporting documentation from the husband
A forensic audit of P’s husband’s business
A contempt motion for failure to disclose
A motion for disclosure
Q # 61. What must T have P do no less than 7 days prior to the trial?
Attend mandatory mediation with her husband before a roster mediator
Make a new offer to settle
Replenish her money retainer
File a financial statement sworn less than 30 days before trial
Q # 62. C’s 4–5-year marriage to A is over. A moved into C’s home shortly before the wedding. C has put a for
sale sign on the lawn. C had A sign some documents pertaining tothe property, and A thinks she may now be
on title to the home. A wants to retain M, has brought in a 2000 cash retainer, and has requested that M
commence a court application.
How should M verify A’s identity?
Use whatever he considers reliable independent source documents
Use A’s online social media account
Request that A bring a friend to verify her identity
Request a driver’s licence, passport and Ontario health card

Q # 63. C’s lawyer has served A with an offer to settle under the Family Law Rules. How should M deal with
this incoming that A will not accept it?
Send it to A for her instructions
Reject the offer on A’s behalf
Disregard the offer
Serve a counter-offer
Q # 64. The case is headed for trial and M has not received C’s disclosure. What should he do first?
Ask C for the necessary additional information
Bring a motion for the necessary additional information
Ask the court to strike C’s pleadings
Bring a motion to postpone the trial
Q # 65. D, a lawyer, is retained by L to assist him in appearing his denial of social benefits at an upcoming
hearing. L has limited formal education and numerous chronichealth concerns that prevent him from sitting
for prolonged periods of time. What must D do for L in order to fulfil her professional obligations?
Ensure she provides him with a back-support cushion at each of their meetings
Request that his physician provide an explanatory note listing all of L’s health concerns
Act in a manner that is sensitive to his specific circumstances and needs
Petition the hearing adjudicator to use plan language during the hearing
Q # 66. In an appeal from an expert tribunal, which one of the following grounds of appeal is most likely to
succeed?
That the tribunal failed to hold a hearing, contrary to its statute
That the Tribunal failed to give oral reasons for its decision
That the Tribunal failed to refer to case law in its decision
That the Tribunal failed to grant an adjournment when requested
Q # 67. W has an application against her employer under the Ontario Human Rights Code alleging
discrimination on the ground of race. W’s colleague, D, is prepared to testify on her behalf W’s lawyer has
interviewed D and realizes that her best evidence is a conversation D overheard at work. What should the
lawyer do with this potential evidence when the hearing is held at the Human Rights Tribunal of Ontario?
Avoid asking D what she overheard at work because it is hearsay and inadmissible
Invoke the provisions under the Evidence Act to seek admissibility
Relay on the provisions of the SPPA to seek admissibility
Bring a motion to seek the admissibility of this hearsay evidence
Q # 68. The Ontario government has a regulation permitting the establishment of hockey leagues exclude
females. The Hockey Parents Association has retained a lawyer to object to the regulation. The lawyer has
determined that theOntariogovernment maybeviolatingtheCanadianCharterofRights&Freedom.Inwhat
court should the HPA bring an application to challenge the regulation?
DC with notice to the Attorney General of ON and the AG of Canada
FC with notice to the AG of Canada
SCJ with notice to the AG ON and AG of Canada
DC with notice to the AG of Canada

Q # 69. The federal Minister of Fisheries authorized the alteration of fish habitat under the Fisheries Act for
a dam project without performing an environmental assessment pursuant to legislative requirements. E’s
client has instructed E, a lawyer, to seek JR of the Minister’s decision. Within how many days after the
decision must E bring a JR application?
15 Days
30 Days
60 Days
90 Days
Q # 70. The City of Sarina has approved a waste disposal site underthe Planning Act. A group of localfarmers
wishes to challenge the approval on the basis of health hazards to humans and farm animals. A local
ratepayer’s group has brought an appeal to the Local Planning Appeal Tribunal. What is the best way for the
farmers to proceed?
Seek leave to be added as a party before the Tribunal
Apply for JR of the City’s decision to the DC
Bring an application alleging a breach of the Canadian Charter of Rights & Freedom in the SCJ
Request an investigation by the City’s chief medical officer.
Q # 71. Which one of the following duties must a lawyer fulfil during a hearing before a tribunal?
Fairly outline both parties’ positions
Use any tactic that will benefit the client
Treat a dishonest witness with civility
Express opinions regarding the client’s liability
Q # 72. Rhonda, a lawyer, represents Langdon in a matter before the Workplace Safety and Insurance Board.
Rhonda has routinely struggled to get instructions from Langdon, whois prone tolong periods of depression.
She has suggested to him that his mother attend client meetings to assist him. Langdon agrees and states
that his mother also suffers from depression. Prior to a meeting in which Langdon was to attend with his
mother. Rhonda receives an email indicating that Langdon does not want to deal with the matter anymore
and wants Rhonda to take instructions directly from his mother. What must Rhonda do?
Assess if a normal lawyer-client relationship exist with Langdon and determine if formal steps are needed to
protect his interests
Remain sensitive to Langdon’s individual needs and implement the instructions that he has given
Implement a normal lawyer-client relationship with his mother following an assessment of whether she has the
capacity to give instructions
Conclude that Langdon no longer has capacity to gibe instructions and that a material breakdown in
communications warrants withdrawal
Q # 73. Teresa, a sole practitioner, has been retained by a large corporation, XYZ Corp, to represent it in
several applications for JR. XYZ asks Teresa to represent it in an urgent civil injunction matter involving
complex Aboriginal law issues with which Teresa does not have experience. Which one of the following
responses by Teresa is the most appropriate?
Promptly retain a lawyer with expertise in the issues involved in this matter and advise XYZ that this lawyer will
act as co-counsel
Advise the parties and the court that she has been retained and and seek an adjournment of the injection
hearing so that she can learn the applicable legal principles and procedures
Negotiate and increased fee with XYZ on this mater to account for the greater degree of competence required
Refuse to act for XYZ in this matter

Q # 74. Gretchen, a lawyer, acts for an application before the Human Rights Tribunal of Ontarioat a hearing
in which the applicant alleges that his employment was terminated on the basis of a disability. The Ontario
HumanRight Commission’s lawyer supportedtheapplicant’scaseby providingseveralhelpfulwitnesses.The
Tribunal dismisses the complaint, finding insufficient evidence to support the applicant. Gretchen believes
that the decision is wrong in law. What step should she take next?
Seek instructions from the Commission, because the Commission supported the application
Seek JR in the DC
Seek reconsideration of the Tribunal’s decision
Seek instructions form the applicant
Q # 75. Darcy is a lawyer for a developer who brings an application in the SCJ to quash a municipal by-law.
The municipality submits affidavits in support of the by-law. Darcy has evidence that some of the statement
in the affidavits are not factually accurate. What course of action should Darcy take?
Visit the mayor & have and off-the-record discussion
Hire a private investigator to determine the veracity of the facts asserted
Ask the Crown prosecutor to lay criminal fraud charges
File reply affidavits and cross-examination on the municipality’s affidavits
Q #76. The Human Right Tribunal of Ontario has made pre-hearing disclosure orders. Just prior to the pre-
hearing conference, the respondent advises her lawyer that she has located further documents responsive to
the disclosure orders, but asks the lawyer not to disclose them until after the pre-hearing conference. Her
hope is that the application will settle at the pre-hearing conference. What should the lawyer do first?
Proceed to the pre-hearing and disclose the documents if the case does not settle
Advise the client to comply with the disclosure order
Request an adjournment of the pre-hearing conference
Bring a motion to the Tribunal to be removed from the record
Q # 77. In which one of the following documents should lawyers confirm the circumstances under which they
may withdraw from representing clients?
Interim statement of account
Non-engagement letter
Retainer agreement
Termination letter
Q # 78. Sergio, a lawyer is representing a client in a customs valuation appeal Sergio is an experienced
litigator, but want to consult a charted accountant. How should Sergio proceed?
Retain the consultant & advise the client by letter
Hire the consultant and add the cost as a disbursement on the file
Meet with the client to outline the proposed cost and obtain instructions
Encourage the client to meet with the accountant to discuss possible services
Q # 79. An exotic dancer has obtained landed immigrant status through the assistance of a public official. When this
becomesthe subject of publicscrutiny, the Ministerof Immigration, Refugeesand Citizenshipexercisesherstatutory
authority u/the immigration & refugee protection act to revoke the dancer’s status. The dancer retains a lawyer at a
legal aid clinic. The dancer seeks to overturn the Minister’s decision on the grounds that it was politically motivated.
Which one of the following avenues is the most appropriate to pursue?
An application in the SCJ
An action in FC
An application for JR in DC
An application for JR in FC

Q # 80. An application for JR of a decision under the Ontario Workplace Safety and Insurance Act, 1997 is
brought to which court?
OCJ
SCJ
DC
CoA

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