You’re arguing a motion and find a binding appellate decision directly against your client’s position. Opposing counsel hasn’t mentioned it. Under the Rules of Professional Conduct, what must you do?
Tell the court about the decision As an advocate, a lawyer must not deliberately refrain from informing the tribunal of any binding authority they consider directly on point that no other party has mentioned. You remain free to argue that it shouldn’t decide your case.
Two years after a retainer ended, a former client’s neighbour asks you about the client’s finances. What is your duty of confidentiality?
It continues after the retainer ends A lawyer must hold in strict confidence all information about a client’s business and affairs acquired in the professional relationship. The duty survives the end of the retainer and continues indefinitely.
Under Ontario’s Limitations Act, 2002, what is the basic limitation period for a claim, unless the Act provides otherwise?
Two years from the day the claim was discovered Under the Limitations Act, 2002, a proceeding can’t be started after the second anniversary of the day the claim was discovered, unless the Act provides otherwise. The Act also has an ultimate period of 15 years from the act or omission the claim is based on.
A deed transfers a house “to Amira and Ben”, with no other words about how they hold it. Neither is an executor or trustee. How do they hold title?
As tenants in common Under the Conveyancing and Law of Property Act, land granted to two or more people, other than executors or trustees, is held as tenants in common unless an intention that they take as joint tenants appears on the face of the deed. Nothing in this deed shows that intention.
Spouses want a divorce on the basis that they’ve lived separate and apart. Under the Divorce Act, for how long must they have lived separate and apart before the divorce judgment?
At least one year The Divorce Act’s only ground for divorce is breakdown of the marriage. One way to show it is that the spouses lived separate and apart for at least one year immediately before the divorce judgment and were living apart when the proceeding started.
A seller conveys part of a lot in a way that contravenes the subdivision control section of the Planning Act. The deed has none of the compliance statements the section provides for. What is the effect of the conveyance?
It doesn’t create or convey any interest in the land The Planning Act says an agreement, conveyance, mortgage or charge made in contravention of its subdivision control section doesn’t create or convey any interest in land. An agreement made expressly conditional on compliance is unaffected, and so is a registered deed that has the statements the section sets out.
You act for a plaintiff. The defendant, who you know has a lawyer on this matter, calls you to talk about settling. What should you do?
Decline, and deal through the defendant’s lawyer A lawyer must not approach or communicate with a person represented in a matter, about that matter, except through or with the consent of that person’s lawyer. That applies even when the represented person makes the first contact.
Two business partners ask you to act for both of them in setting up their company, under a joint retainer. Before you accept, what must you tell them about information you receive?
That it can’t be kept confidential from the other Before acting under a joint retainer, a lawyer must tell the clients that no information received in connection with the matter from one can be treated as confidential from the other. The lawyer must also explain that if a conflict develops that can’t be resolved, they can’t keep acting for both and may have to withdraw completely.
Spouses separate with no reasonable prospect of resuming cohabitation. They never divorce, and both are alive. Under Ontario’s Family Law Act, what is the deadline to apply for an equalization of net family property?
Six years after the separation The Family Law Act sets the deadline as the earliest of two years after a divorce, six years after the spouses separate with no reasonable prospect of resuming cohabitation, and six months after the first spouse’s death. With no divorce and both spouses alive, the six-year period is the one that applies.
A house is in one spouse’s name only, and the married couple lives in it as their matrimonial home. Under the Family Law Act, can the owner sell it on their own?
No, not without the other spouse’s consent Under the Family Law Act, a spouse can’t dispose of or encumber an interest in a matrimonial home unless the other spouse joins in or consents, has released their rights by separation agreement, or a court order authorizes it. There’s also an exception tied to a registered designation of another matrimonial home.
When a court makes a parenting order under the Divorce Act, what does it take into consideration?
Only the best interests of the child The Divorce Act says that in making a parenting order or a contact order, the court shall take into consideration only the best interests of the child. It then lists factors that go into that assessment.
A testator writes and signs her whole will by hand, with no witnesses. Under the Succession Law Reform Act, is it valid?
Yes, as a holograph will The Succession Law Reform Act lets a testator make a valid will wholly in their own handwriting and signed, without formality and without any witness. A formal will, by contrast, needs two witnesses present at the same time.
Under the Criminal Code, unless the prosecutor and defendant agree otherwise, how long after the subject-matter arose can summary conviction proceedings be started?
Within 12 months The Criminal Code says no summary conviction proceedings may be instituted more than 12 months after the time the subject-matter arose, unless the prosecutor and the defendant agree. Without that agreement, summary proceedings started after 12 months can’t go ahead.
A client wants to give you $9,000 in cash on one file, to hold in trust toward a house deposit. Under the Law Society’s By-Law 9, what should you do?
Decline to take the cash on this file By-Law 9 says a licensee must not receive or accept cash of $7,500 or more, in total, in respect of any one client file, apart from listed exceptions. Money to hold in trust toward a deposit isn’t one of them.
Under the Criminal Code, a preliminary inquiry can be held only for an indictable offence punishable by what?
Imprisonment for 14 years or more A preliminary inquiry is available only for an indictable offence punishable by 14 years or more of imprisonment, and only if the accused or the prosecutor requests one. Below that threshold there’s no preliminary inquiry.
A person dies without a will. She leaves a married spouse she was living with when she died, and no children or other descendants. Under the Succession Law Reform Act, who gets her estate?
Her spouse, absolutely The Succession Law Reform Act says that when a person dies intestate, survived by a spouse and not survived by issue, the spouse is entitled to the property absolutely. For this part of the Act, a spouse means a married spouse, and one who wasn’t separated from her at her death doesn’t lose that share.
Under Ontario’s Solicitors Act, in which of these matters is a contingency fee agreement not allowed?
A family law matter The Solicitors Act lets a lawyer enter into a written contingency fee agreement, but not when retained for a Criminal Code or other criminal or quasi-criminal proceeding, or for a family law matter. Personal injury, employment and contract claims aren’t on that list.
Under Ontario’s Business Corporations Act, what vote passes a special resolution at a special meeting of shareholders?
At least two-thirds of the votes cast The Business Corporations Act defines a special resolution as one passed at a duly called special meeting by at least two-thirds of the votes cast, or consented to in writing by every shareholder entitled to vote. The count is of votes cast, not of all shares.
Under the Canadian Charter of Rights and Freedoms, when must police tell a person they arrest of the right to retain and instruct counsel?
Without delay, upon arrest or detention The Charter gives everyone on arrest or detention the right to retain and instruct counsel without delay and to be informed of that right. Police must tell the person without delay, not wait for a charge or a request.
Under Ontario’s Partnerships Act, who is liable for the debts a general partnership incurs while someone is a partner?
Every partner, jointly with the others The Partnerships Act says every partner in a firm is liable jointly with the other partners for all debts and obligations of the firm incurred while they’re a partner. After a partner’s death, their estate is also severally liable, subject to their separate debts.
Ontario · Licensing exams