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Category: Civil Litigation
1. Chakrii, a lawyer, has finished successfully representing his
client in a real estate litigation matter. He sends his client
the following final statement of account:
Final Statement of Account
Legal Fees (contingency arrangement) and Disbursements:
$10,000.00
Harmonized Sales Tax (HST): $1,300.00
(-) Deposit: $2,300.00
Net Fees: $9,000.00
What is an issue, if any, with Chakrii’s statement of account?
o He cannot charge a contingency fee for this type of legal
matter.
o He did not separate legal fees from disbursements.
o He cannot charge HST on legal fees that are being billed
pursuant to a contingency arrangement.
o There are no issues with the statement of account.
Category: Civil Litigation
2. ABC Corporation failed to pay corporate taxes between 2000
and 2007. The Crown discovered this in 2012, but due to
various reasons, did not commence an action against ABC
Corporation until 2024. Will this action be statute-barred?
o Yes, since more than 15 years have passed since ABC
Corporation last failed to pay its corporate taxes.
o Yes, since more than 2 years have passed since the Crown
discovered this incident.
o No, since this type of claim has no limitations period.
o No, since the Crown has until 2027 to commence a claim.
Category: Civil Litigation
3. Giovanna, a landlord, seeks to resolve a dispute with a
former tenant, Mandy. Mandy had owed Giovanna $12,000 in
outstanding rent and utility payments. In early 2024,
Giovanna decided to commence an action against Mandy. On
January 2, 2024, Giovanna’s lawyer, Kelly, attempted to
serve Mandy with the originating documents at the rental
home, but Kelly was unable to locate Mandy. Giovanna and
Kelly have repeatedly tried to contact Mandy through all
possible means, but have not heard back from her and do
not know her whereabouts. Kelly recommends Giovanna to
seek an order to dispense with service. What documents
should accompany this motion?
o An affidavit providing that personal service would be
unduly expensive.
o An affidavit showing that reasonable efforts were made
to locate and serve Mandy and that prompt service is
not viable.
o An affidavit showing that reasonable efforts were made
to attempt to serve Mandy and a written request for an
alternative mode of service.
o An oath from Kelly providing that personal service is
unnecessary.
Category: Civil Litigation
4. Constantine is a lawyer who is representing her client, Ted,
in a civil matter. In the midst of legal proceedings, the court
finds that Constantine is a necessary witness in the matter,
and orders her to testify. How should Constantine proceed?
o Refuse to testify.
o Ensure opposing counsel only asks questions that are
appropriate for a legal professional to answer.
o Assign the case to another lawyer.
o Testify and only provide her personal opinions when
necessary.
Category: Civil Litigation
5. The Rules of Civil Procedure provide that a minor is an
example of a party with a “disability”, and accordingly must
be represented by a litigation guardian in a proceeding. A
 “minor” is defined in which of the following sources of law to
mean a person below the age of 18?
o Age of Majority and Accountability Act.
o Rules of Civil Procedure.
o The Minority Act.
o Rules of Professional Conduct.

Category: Civil Litigation

6. Kingsley, a lawyer, is representing his client, Charlene, in a
civil trial. Charlene will be suing a former colleague, Steve,
for defamation. Charlene planned to use an expert witness,
Dr. Silver, to help with her position at trial, and served an
expert report on Steve. After serving the report, new
information came to light to Charlene, and a supplementary
report had to be served on Steve. If Steve would like to
respond to Charlene’s supplementary report, when must his
responding report be served on Charlene?
o 15 days before the commencement of the pre-trial
conference.
o 45 days before the commencement of the pre-trial
conference.
o 15 days before the commencement of the trial.
o 45 days before the commencement of the trial.

Category: Civil Litigation

7. Benny, a lawyer, is representing his client, Manuela, in a
civil litigation matter. Manuela has commenced an action
against her former friend, Gilbert, seeking $30,000 in
damages. Weeks before the trial date, Benny received a
$5,000 offer to settle from Gilbert. Benny was outraged at
the offer and felt it was unfairly low. How should Benny
proceed?
o Submit a counter-offer.
o Reject the offer.
o Present the offer to Manuela.
o Reject the offer and propose a mediation session.
Category: Civil Litigation
8. Ecrin is the founder of ABC Corporation, which manufactures
unique ice cream flavours, including ketchup and mustard
flavoured ice cream. In September, she was strolling through
the Canadian National Exhibition (“CNE”), an annual event
that takes place in Toronto near the end of the summer. She
became alarmed when she discovered a company selling
ketchup and mustard flavoured ice cream, using her brand
name and the exact same recipe. She suspected that a
former employee was behind this operation. Angered at what
she saw, she commenced an action for $350,000 against the
company. A week after beginning discovery, she chose to
amend the amount claimed to $125,000. What cost
consequences will Ecrin face?
o Ecrin will be required to pay costs incurred by the
opposing party up to the date of the amendment, on a
partial indemnity basis, regardless of outcome.
o Ecrin will be required to pay costs incurred by the
opposing party up to the date of the amendment, on a
substantial indemnity basis, regardless of outcome.
o If Ecrin is unsuccessful with her claim, she will have to
pay costs on a partial indemnity basis.
o If Ecrin is unsuccessful with her claim, she will have to
pay costs on a substantial indemnity basis.
Category: Civil Litigation
9. In March 2024, Hakeem was biking in downtown Toronto,
Ontario. As he biked by a parked vehicle, the driver of the
vehicle, Joe, opened the door, causing Hakeem to bike into
the vehicle’s door on the driver side, and suffer a severe
head injury. Hakeem subsequently commenced a lawsuit
against Joe. As part of the discovery process, Hakeem would
like to inspect Joe’s vehicle. Furthermore, he would like to
conduct tests of the vehicle’s front, passenger side door, to
prove how far it can open. To do this, Hakeem will have to
convince the court of which of the following?
o That testing the vehicle’s door is in the interests of
justice.
 o That testing the vehicle’s door is essential to
determine an issue in the proceeding.
o That testing the vehicle’s door is likely to elucidate key
facts.
o The front, passenger-side door is the exact same as
the driver-side door.

Category: Civil Litigation

10. Amphai was recently arrested for theft under $5,000.
Soon after the arrest, Amphai commenced a lawsuit against
the police officer that arrested him, claiming that he used
excessive force during the arrest. His pleadings noted the
following: “The Police Services Act requires officers to use
only reasonable force when making an arrest. Officer Jerry
has therefore contravened the Police Services Act.” Which of
the following is true of Amphai’s pleadings?
o They should be struck out by the court because they
provide evidence.
o They should be struck out by the court because they
raise a point of law.
o They should be struck out by the court because they
provide a point of law that is not backed by supporting
facts.
o They are permitted because they provide facts.
Category: Civil Litigation
11. Which of the following is a matter that is eligible to be
listed on the Commercial List?
o An application under the Securities Act.
o An application relating to inter vivos trusts.
o An application under the Substitute Decisions Act,
1992.
o A proceeding under the Charitable Gifts Act.

Category: Civil Litigation

12. Which of the following motions must be heard by a judge
rather than an associate judge?
o A motion seeking judgment on consent in favour of an
adult.
o A motion under section 5 of the Judicial Review
Procedure Act.
o A motion to set aside the report of an Assessment
Officer.
o A motion to stay an action based on convenience of
forum.

Category: Civil Litigation

13. Parlan is a mechanic based in Burlington, Ontario. His
business operates as a sole proprietorship. The Canada
Revenue Agency (“CRA”) recently sued Parlan for failing to
pay $40,000 in taxes. The CRA was successful and obtained
a judgment for $40,000. Parlan does not have any money to
pay the judgment; however, he does have some valuable
assets. Which of the following assets would the CRA most
likely be able to seize from Parlan?
o His daughter’s high-end Gucci jacket, worth $5,000.
o His stove, worth $1,500.
o A heavy-duty wheelchair worth $7,500 that is owned
by Parlan and used by his son.
o A toolkit, worth $5,000, that is owned by Parlan and
which he uses at work.

Category: Civil Litigation

14. Chanice, a lawyer, is defending her client, Rodrigo, in a
lawsuit. Rodrigo has been sued for defamation. At trial, the
plaintiff calls Henrick to the witness stand to support the
allegations against Rodrigo. During Chanice’s cross-
examination of Henrick, it is revealed that Henrick is 19
years old, works as a chef at a local restaurant and that he is
a cousin of the plaintiff. How can Chanice discredit Henrick?
o By noting that he is too young to be a witness.
 o By noting that he is biased.
o By noting that he must take an oath in order to be
credible as a witness.
o By noting that he is not qualified to testify on the
matters of the trial.

Category: Civil Litigation

15. Fahad seeks to commence an application for a
determination of his rights under a contract. To whom must
this application be made?
o An associate judge of the Superior Court of Justice.
o A judge of the Superior Court of Justice.
o An associate judge of the Divisional Court of Justice.
o A judge of the Divisional Court of Justice.
Category: Civil Litigation
16. A trial is being held in Ontario. If a party seeks to
summons a witness in British Columbia to attend the trial,
which source of law will be relevant?
o Interprovincial Summonses Act.
o Evidence Act (Ontario).
o Canada Evidence Act.
o Interjurisdictional Support Orders Act.

Category: Civil Litigation

17. Akira, a lawyer at ABC LLP, receives a call from Byung-ho,
a prospective client. Byung-ho asks Akira if she would be
willing and able to act as his lawyer on a real estate
transaction. Akira proceeds to schedule an initial
consultation at her office. Byung-ho agrees to a date but
notes that due to a disability, he is required to bring his
service dog, Captain, and asks whether she is comfortable
with him doing that. Akira’s colleague, Elijah, has a severe
allergy to all dogs. His allergic symptoms can be triggered
even by merely being near a dog. What is the best way for
Akira to proceed?
 o Given her duty to accommodate, she should permit
Byung-ho to bring his dog.
o Decline acting for Byung-ho but refer him to another
lawyer.
o Ask Byung-ho if he would be willing to have a virtual
meeting.
o Schedule a meeting with Elijah and remove all pet hair
after the meeting.

Category: Civil Litigation

18. Naomi commenced a civil litigation action in 2022. In
2023, she declared bankruptcy, and did not receive a
discharge from her bankruptcy for the entire year. To
continue to have standing in the civil litigation action, Naomi
would have had to seek approval from which of the following
individuals?
o The Superintendent of Bankruptcy.
o The trustee-in-bankruptcy.
o A judge of the Superior Court of Justice.
o A monitor.
Category: Civil Litigation
19. Aiza, a lawyer, is representing a plaintiff in a civil action.
She is considering using surveillance to collect evidence
against the defendant. Which of the following is the most
important factor she should consider in determining whether
collecting evidence through surveillance is reasonable in the
circumstances?
o Would the defendant agree to being put under
surveillance?
o Is using surveillance the only way for her client to
succeed in the action?
o Is the loss of privacy for the defendant proportional to
the benefit gained by her client?
o Would the private investigator conducting surveillance
be using the latest video technology?
Category: Civil Litigation
20. Which actions must undergo mandatory mediation?
o Actions to which Rule 75.1 of the Rules of Civil
Procedure applies.
o Actions where mediation was conducted under section
258.6 of the Insurance Act, and the mediation was
conducted three months before the delivery of the first
defence in the action.
o Actions involving a trust claim pursuant to the
Construction Act.
o Actions under the Bankruptcy and Insolvency Act
(Canada).
Category: Civil Litigation
21. ABC Corporation commences an action against
Evangeline. Evangeline acted as guarantor for her daughter,
Nani, under Nani’s lease agreement with ABC Corporation.
Evangeline was told by a representative of ABC Corporation
when signing the guarantee that the guarantee would be
capped at two months’ rent; however, the lengthy lease
agreement, which ABC Corporation is relying on in its claim
against Evangeline, did not actually stipulate a cap. What
should Evangeline specifically plead as a defence?
o Non est factum.
o Ultra Vires.
o Release.
o Want of jurisdiction.
Category: Civil Litigation
22. Case Set: Giselle, a lawyer, is representing her client,
Saskia, in a litigation matter commenced by Saskia against
her employer, XYZ Company. The company manufactures
and distributes car parts. Saskia alleges that while working at
XYZ Company’s factory, she was hit by a forklift, suffering
serious physical injuries. Dr. Jones, an expert emergency
room doctor, was hired to prepare a medical-legal report.
The parties have agreed to using the simplified procedure in
accordance with Rule 76 of the Rules of Civil Procedure. What
must be included in Saskia’s affidavit of documents?
 o A list of the names of all persons who are aware of
matters in dispute in the action.
o A list of the addresses of all persons who have
knowledge of matters in dispute in the action.
o A list of the names and addresses of all persons who
may reasonably be thought to have knowledge of
matters in dispute in the action.
o A list of the names and addresses of parties that are
reasonably aware of issues in the action, even if the
court orders otherwise.
Category: Civil Litigation
23. Case Set: Giselle, a lawyer, is representing her client,
Saskia, in a litigation matter commenced by Saskia against
her employer, XYZ Company. The company manufactures
and distributes car parts. Saskia alleges that while working at
XYZ Company’s factory, she was hit by a forklift, suffering
serious physical injuries. Dr. Jones, an expert emergency
room doctor, was hired to prepare a medical-legal report.
After Dr. Jones finished preparing his medical-legal report, he
provided it to Giselle on the condition that, given its graphic
nature, she does not review it with Saskia. How should
Giselle proceed?
o Make a copy of the report and then immediately return
it to Dr. Jones.
o Immediately return the report without making a copy
of the report.
o Take detailed notes of the report and immediately
return it thereafter.
o Accept the report and immediately deliver it to Saskia.

Category: Civil Litigation

24. Case Set: Giselle, a lawyer, is representing her client,
Saskia, in a litigation matter commenced by Saskia against
her employer, XYZ Company. The company manufactures
and distributes car parts. Saskia alleges that while working at
XYZ Company’s factory, she was hit by a forklift, suffering
 serious physical injuries. Dr. Jones, an expert emergency
room doctor, was hired to prepare a medical-legal report.
At trial, Saskia seeks to cross-examine numerous officers and
directors of XYZ Company. How many officers or directors
may Saskia examine without requiring the permission of the
court or the parties?
o 1.
o 2.
o 3.
o 4.
Category: Civil Litigation
25. Case Set: Giselle, a lawyer, is representing her client,
Saskia, in a litigation matter commenced by Saskia against
her employer, XYZ Company. The company manufactures
and distributes car parts. Saskia alleges that while working at
XYZ Company’s factory, she was hit by a forklift, suffering
serious physical injuries. Dr. Jones, an expert emergency
room doctor, was hired to prepare a medical-legal report.
The case ultimately went to trial before the Superior Court
of Justice, where the final order of the judge awarded
Saskia $45,000, including $3,000 in interest and $6,000 in
costs. How can XYZ Company appeal the decision?
o By obtaining leave to appeal to the Ontario Court of
Appeal.
o By obtaining leave to appeal to the Divisional Court of
Justice.
o By appealing directly to the Divisional Court of Justice.
o By appealing directly to the Ontario Court of Appeal.

Category: Criminal Law

26. Trisha, a resident of Ajax, Ontario, had been arrested and
charged by the police without a warrant for assault, pursuant
to section 265 of the Criminal Code. After agreeing to an
undertaking to attend court when required and to abide by
certain conditions, Trisha was released prior to trial. The
 undertaking she agreed to may have included which of the
following conditions?
o A promise to pay $2,000 if she failed to comply with a
condition of the undertaking.
o A promise to refrain from speaking to certain
individuals.
o A promise to provide the police with any valuable
possession that is up to $5,000 in value, provided that
Trisha does not reside within 200 km of the place
where she was being held in custody.
o A promise to provide the police with any valuable
possession that is up to $500 in value, provided that
Trisha is ordinarily resident in Ontario.
Category: Criminal Law
27. Tom abused his former partner, Halona, for years. He was
ultimately found guilty of assault. Given that Halona is an
Indigenous woman, what objectives must the court consider
when imposing a sentence?
o Remorse of accused and compensation.
o Compensation and prevention.
o Deterrence and denunciation.
o Public interest and remorse of accused.
Category: Criminal Law
28. Grant has been charged with manslaughter under section
234 of the Criminal Code. His case will be decided before a
jury. His lawyer, Anita, has expressed concern about one of
the jury members that was selected. What is one ground that
Anita can use to challenge the jury member for cause?
o The juror lacks intelligence.
o The juror has been convicted of an offence and
sentenced to six months in prison.
o The juror is a lawyer.
o The juror does not speak the official language in
which the trial is to be conducted.

Category: Criminal Law

29. Nisrine is the chief executive officer and founder of ABC
Corporation, which sells kitchen appliances. Earlier this year,
Nisrine was sued by a competitor for patent infringement.
Upon receiving notice of the lawsuit, she retained a lawyer,
Douglas, to assist with her defence. Since retaining Douglas,
she has incurred over $25,000 in legal fees. However,
Douglas has failed to prepare a statement of defence, along
with several other key documents in her defence, despite
Nisrine asking for the documents to be prepared. After
asking Douglas to provide her with what work he has done so
far, he ignored her. By coincidence, she found that one of her
friends, Anne, is also Douglas’ client. After discovering that
Anne has had similar issues with Douglas, Nisrine retains a
new lawyer and explains to them the service she has
received from Douglas. How should the new lawyer proceed?
o File a complaint with the Law Society of Ontario.
o Advise Nisrine to refrain from entering into a private
agreement with Douglas under any circumstances.
o Inform Nisrine of the relevant provision of the
Criminal Code dealing with covering up an indictable
offence in exchange for an agreement to receive
valuable consideration.
o Withdraw from representation.

Category: Criminal Law

30. Josephine is a 15-year-old charged with assault. At
Josephine’s hearing before the youth justice court,
Josephine’s lawyer, Margaret, put forward a motion to order
a psychological assessment. Which of the following factors
would increase the likelihood that such assessment would be
granted by the court?
o There is evidence that Josephine is suffering from
bipolar disorder.
o This is the first time that Josephine has been alleged
to commit a criminal offence.
o There is evidence that Josephine was induced to
commit the assault by an adult.
 o There is evidence that Josephine did not commit the
assault.
Category: Criminal Law
31. Zaza is a criminal lawyer representing his client, Norbs.
He plans on compensating an expert, Katia, who has assisted
with Norbs’ defence, by electronically transferring funds (“e-
transfer”). To properly conduct this e-transfer, what must
Zaza do?
o Obtain a cheque to guarantee the funds that are to be
withdrawn by e-transfer.
o Obtain a confirmation from the appropriate financial
institution.
o Prepare an e-transfer statement.
o Receive approval from the Law Society of Ontario.

Category: Criminal Law

32. ABC Corporation is an Ontario-based hardware shop. Last
year, it began selling highly aggressive glue traps, which
ultimately led the hardware shop to being charged for animal
cruelty. Prior to trial, ABC Corporation would like to apply to
the court for an order for the release of an exhibit related to
the glue traps in order for ABC Corporation to conduct
testing. The trial is scheduled to be held in the Superior
Court of Justice. Which of the following is true about ABC
Corporation’s application?
o It must be heard before the same judge of the
Superior Court of Justice who will ultimately preside
over the trial.
o It must be accompanied by two affidavits.
o An order for the release of exhibits will be made if the
court finds it is in the public interest.
o The motion must be made on at least six days’ notice.

Category: Criminal Law

33. An accused was charged with unlawful assembly, a
summary conviction offence. He was ultimately convicted for
the offence and files an appeal. When must the respondent’s
factum be served on the accused and be filed with the court?
o At least 10 days before the day on which the appeal is
scheduled to be heard.
o At least 90 days before the day on which the appeal is
scheduled to be heard.
o At least 10 days before the week in which the appeal
is scheduled to be heard.
o At least 90 days before the week in which the appeal
is scheduled to be heard.
Category: Criminal Law
34. ABC LLP recently announced that it will begin having a 4-
day work week. All employees and partners of the firm,
including lawyers, clerks, and paralegals, were expected to
work from Tuesday to Friday from 9:30 am to 7:30 pm. No
one was expected to come in from Saturday to Monday.
Mustafa, a lawyer at the firm, has concerns about the new
policy. He is a devoted Muslim and attends prayers every
Friday at 6:00 pm, which would overlap with his new work
hours. Which of the following is true regarding the new
policy?
o Since it is a form of discrimination, ABC LLP must
withdraw the policy.
o ABC LLP should refrain from changing its employees’
work hours.
o ABC LLP may have to accommodate Mustafa in a way
that causes the firm hardship.
o The policy may only be enacted with Mustafa’s
consent.
Category: Criminal Law
35. The Crown typically has a duty to disclose which of the
following information to the defence?
o Internal Crown counsel notes.
o Legal opinions.
o Information protected by public-interest privilege.
 o Recordings of witness statements.

Category: Criminal Law

36. Justine and Tira established JT Defence Lawyers LLP in
2017. Justine, a lawyer, specializes in youth criminal justice
matters whereas Tira, also a lawyer, has a broad criminal law
defence practice. They are the only two lawyers that work for
their law firm. They also employ Barry, a legal assistant. On
May 1, 2023, Tira’s son was charged with a criminal offence
and required a surety. Which of the following is true?
o Tira may act as her son’s surety as long as Barry
represents him in his defence.
o Tira may not act as her son’s surety under any
circumstances.
o Justine may act as surety for Tira’s son, provided that
she does not represent him in his defence.
o Tira may act as her son’s surety if Justine represents
him in his defence.
Category: Criminal Law
37. Caishen has been charged with theft pursuant to section
322 of the Criminal Code. In defending his charges, he seeks
to call Fletcher, who is deaf, as a witness. Fletcher would like
to have the assistance of an interpreter. Which of the
following sources of law states that an interpreter must be
provided to Fletcher in this situation?
o The Criminal Code.
o The Canada Evidence Act.
o The Canadian Charter of Rights and Freedoms.
o The Police and Criminal Evidence Act.
Category: Criminal Law
38. Marissa was charged and arrested for theft over $5,000.
Immediately after her arrest, the police informed her of the
right to counsel, and she was able to speak to her lawyer.
After speaking to her lawyer, the police resumed questioning
her. When will the police likely be obligated, as per the
 Canadian Charter of Rights and Freedoms, to stop the
interview and allow her to contact her lawyer again?
o Never. Marissa has already had the chance to speak
to counsel.
o If the police seek to ask her factual questions about
the theft.
o If Marissa remains silent and refuses to answer
questions.
o If Marissa is asked to conduct a polygraph test.
Category: Criminal Law
39. Which of the following is true of pre-trial release?
o A preliminary inquiry must be held before pre-trial
release is granted.
o An accused must receive a “judicial referral hearing”
before pre-trial release is granted.
o An accused cannot be released before trial once they
have been fingerprinted.
o For the majority of offences, the police have extensive
discretion to release an accused prior to trial.
Category: Criminal Law
40. Gustav has been charged with the failure to provide the
necessities of life under section 215 of the Criminal Code.
Prior to trial, the Crown plans to bring a motion to contest
Gustav’s fitness to stand trial. Which of the following is true
regarding the burden to prove Gustav’s fitness to stand trial?
o The Crown will have the burden to prove, on a
balance of probabilities, that Gustav is unfit to stand
trial.
o Gustav will have the burden to prove, on a balance of
probabilities, that he is fit to stand trial.
o The Crown will have the burden to prove, beyond a
reasonable doubt, that Gustav is unfit to stand trial.
o Gustav will have the burden to prove, beyond a
reasonable doubt, that he is fit to stand trial.
Category: Criminal Law
41. Frankie was charged with theft over $5,000. At his
sentencing hearing in January 2024, he was ordered to pay a
large fine. He immediately sought to commence an
application to stay the order pending an appeal. To
successfully stay the order, what must Frankie convince the
court of?
o That the stay is necessary.
o That the stay is in the interests of justice.
o That the benefits of the stay outweigh any potential
harm that it may cause.
o That the stay is in the public interest.
Category: Criminal Law
42. When can the Crown lead evidence of a confession made
by the accused at a preliminary hearing?
o When the statement is proven to be voluntary on a
balance of probabilities.
o When the statement is proven to be voluntary beyond
a reasonable doubt.
o When the statement is proven to be voluntary with
absolute certainty.
o Where there are clear public interests for the
inclusion of such a confession.

Category: Criminal Law

43. Case Set: Adhira is a lawyer based in Brantford, Ontario.
Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”),
specializes in defending the most heinous criminals. She is
approached by a prospective client, Elias, who was recently
charged with second-degree murder.
After seeing a post by ACLD on X, formerly known as Twitter,
Elias felt compelled to reach out to the firm for assistance.
Which of the following posts would be contrary to the Rules
of Professional Conduct?
o ACLD posts a recent client’s feedback: “ACLD
changed my life – they can change yours too.” #ACLD
 o ACLD notes the following in a post: “ACLD has
successfully defended 35 accused in 2022 alone!”
o ACLD notes the following in a post: “Attention
Brantford residents: please be advised that on
January 10, 2024, we will be distributing 5,000
cookies free of charge!”
o ACLD, which pays select clients to send feedback to
Criminal Law Magazine, posts the following: “ACLD
was rated the BEST Criminal Defence Firm in
Brantford by Criminal Law Magazine”.
Category: Criminal Law
44. Case Set: Adhira is a lawyer based in Brantford, Ontario.
Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”),
specializes in defending the most heinous criminals. She is
approached by a prospective client, Elias, who was recently
charged with second-degree murder
Elias, who is 16 years old, ultimately retains Adhira. He asks
her what is likely to happen to him if an order is made to
sentence him as an adult and he is found guilty of second-
degree murder. How should Adhira respond?
o That he would likely be sentenced to life in prison.
o That he would likely be given a sentence of capital
punishment.
o That he would likely be given a sentence of 25 years
in prison.
o That he would likely be given a sentence of 15 years
in prison.
Category: Criminal Law
45. Case Set: Adhira is a lawyer based in Brantford, Ontario.
Her firm, Adhira Criminal Law Defence Lawyers (“ACLD”),
specializes in defending the most heinous criminals. She is
approached by a prospective client, Elias, who was recently
charged with second-degree murder.
Adhira must withdraw from representing Elias if which of the
following is true?
 o At the outset of the retainer, Elias insists that Adhira
accepts payment for legal fees on a contingency
basis.
o Elias fails to pay his fees.
o Adhira discovers that Elias is a frustrating client to
deal with.
o At the outset of the retainer, Elias demands that
Adhira only contact him by phone, and only after 3:00
pm on weekdays.
Category: Family Law
46. Eetu recently divorced his wife. At the time of divorce, he
had two children. Shortly after the divorce, a court awarded
his wife child support, which required Eetu to pay $7,500 per
month. Eetu is now filing an application to contest the child
support award on the basis that it has caused him undue
hardship. As part of the application, he fills out Form 13
(Financial Statement – Support Claims). Eetu’s assets include
a home worth $450,000 and furniture worth $1,000; his
liabilities include a mortgage worth $500,000 and a
guarantee, in which he has acted as guarantor for his son’s
benefit for a $100,000 loan. He estimates that there is a 10%
chance that his son defaults on the loan. Eetu also has an
RRSP with a value of $15,000. Which of the following is true
regarding how Eetu should fill out Form 13?
o He should put $100,000 in the debts and other
liabilities section.
o He should complete Schedule B in Form 13.
o He should include $451,000 as part of his expenses,
representing the value of his home and furniture.
o He should only list any real property which he owns in
Ontario.
Category: Family Law
47. In April 2022, Hanieh commenced an application for child
support, which she was successfully awarded in April 2023.
The court ruled that the award would be retroactive to April
2018. Given the retroactive award, the court must have
found which of the following?
 o Blameworthy conduct by the payor spouse.
o Blameworthy conduct by Hanieh.
o That a failure to issue such an award would cause
Hanieh hardship.
o That the order is fair and reasonable.

Category: Family Law

48. Enrique and Gorana had been married for 35 years, until
divorcing earlier this year. Enrique meets with Suzanne, a
lawyer, for assistance with commencing a spousal support
application. Suzanne prepares the application package and
serves it on Gorana. After receiving the package, Gorana
asks Suzanne whether she would be willing to assist her with
filing an answer. Enrique takes no issue with this. How should
Suzanne proceed?
o By providing Gorana with a retainer agreement.
o By declining to represent Gorana.
o By following the joint retainer rules.
o By only representing Gorana if Enrique provides his
written consent.

Category: Family Law

49. Sergie and Venus are currently in a dispute over the
terms of their domestic agreement. They decide to use
collaborative family law (“CFL”) to resolve their issues. As
part of the CFL process, they enter into a participation
agreement. What provision is this agreement likely to
contain?
o A commitment that both parties will not retain
experts throughout the CFL process under any
conditions.
o A stipulation that neither side will withdraw from the
CFL process.
o A commitment by Sergie and Venus to not take
advantage of any mistakes made by the other.
 o A commitment by Sergie and Venus to rely on their
lawyers as little as possible in order to reach a
mutually beneficial settlement of the outstanding
issues.
Category: Family Law
50. An Indigenous group in Ontario seeks to exercise its
jurisdiction over child and family services, pursuant to An Act
respecting First Nations, Inuit and Métis children, youth and
families (“FNIMCYF”). What must the Indigenous group do to
be able to exercise this jurisdiction?
o Inform the Children’s Aid Society.
o Inform the Minister of Indigenous Services and the
Ontario government.
o Inform the Minister of Youth and Social Services and
the Ontario government.
o Immediately develop legislation concerning child and
family services and inform members of the Indigenous
group of such legislation.
Category: Family Law
51. In order for a children’s aid society to have a positive
obligation to make all practicable efforts to pursue a plan for
customary care for a First Nations, Inuk or Métis child, which
of the following must be true about the child?
o They are in need of protection.
o They are under the age of 10.
o They do not identify with a band.
o They have a medical issue.
Category: Family Law
52. Tola and Anetta are a non-married couple that have been
together for several years. They have one child, Linh.
Recently, Tola and Anetta’s relationship broke down. Tola
seeks to apply for a parenting order for Linh, who is not
habitually resident in Ontario. In order for an Ontario court
to have jurisdiction of the case under the Children’s Law
Reform Act, Tola will be required to prove which of the
following?
 o Linh has a significant connection to Ontario.
o Linh has a stronger relationship with Tola than Anetta.
o Linh will become habitually resident in Ontario within
12 months.
o Linh will be physically present in Canada at the time
the application for a parenting order is made.
Category: Family Law
53. Leung is a lawyer who works full-time at ABC LLP. This
month, he decided to assist the Legal Help 4U Clinic
(“LH4U”), a non-profit incorporated under the laws of
Ontario, by providing legal advice to low-income clients. Prior
to meeting his first client at LH4U, he fully explained to them
the costs that they may need to incur for his services. After
the meeting, he provides them a bill noting two charges:
first, a $100.00 fee for disbursements (including travelling
fees and printing costs); and second, a $200.00 fee for legal
advice, with the two charges totaling $300.00. Which of the
following is true regarding Leung’s involvement with LH4U?
o Leung has the right to charge $300.00 if the client is
provided with a receipt and detailed time dockets.
o Leung only has the right to charge the client $100.00.
o If Leung refers the clients he meets at LH4U to other
lawyers, he may collect referral fees.
o Leung should set up a trust account and solely use it
in connection with clients he meets at LH4U.
Category: Family Law
54. Kim and Andre have recently divorced. While together,
they never had children. They attend a court hearing, where
the judge determines that Andre is to be the support
recipient. The judge has also determined that the Spousal
Support Advisory Guidelines will apply. The judge is most
likely to require Kim to provide Andre with an indefinite
amount of support if which set of facts is true?
o Kim and Andre had been married for 10 years.
o Kim and Andre had been married for 6 years and Kim
is 58 years old.
 o Kim and Andre had been in a relationship for 25
years, but only married for 18 years.
o Kim and Andre had been married for 7 years and
Andre is 60 years old
Category: Family Law
55. Don believes that a change of name was obtained for an
improper purpose. Which court may Don apply to if he seeks
to revoke the change?
o The Ontario Court of Justice.
o The Superior Court of Justice.
o The Federal Court.
o If it concerns the name of a child, the Superior Court of
Justice; if it concerns the name of an adult, the Ontario
Court of Justice.
Category: Family Law
56. Anika, a lawyer, is representing her wealthy client in a
bitter family law dispute. During the first meeting with the
client, the client informs Anika that the other side is
“financially troubled and is unlikely to be able to afford the
services of a lawyer.” At the end of the meeting, the client
instructs Anika to bring a motion for summary judgment, and
a motion to compel further financial disclosure. Anika
believes it is unlikely a summary judgment motion would be
useful at this stage in the dispute, and knows the other side
provided adequate financial disclosure. How should Anika
proceed?
o Follow the client’s instructions.
o Bring a motion for summary judgment, but not a motion to
compel further financial disclosure.
o Advise the client of the risks of a summary judgment
motion and refuse to bring a motion to compel further
financial disclosure.
o Bring a motion to compel further financial disclosure and
refuse to bring a summary judgment motion.
Category: Family Law
57. Jason is a lawyer at ABC LLP, a law firm that specializes in
family law. He has recently accepted a job to work for XYZ
LLP. At a meeting with Morris, a client, Jason advised Morris
that he will be leaving for XYZ LLP. Morris asked Jason to
continue representing him while at XYZ LLP and provided
verbal consent for Jason to disclose all confidential
information to detect the presence of any conflicts while
transferring to XYZ LLP. How should Jason proceed?
o Seek ABC LLP’s written consent to allow Morris’ file to be
transferred to XYZ LLP.
o Promptly email Morris to provide a summary of the
conversation and a record of his consent.
o Offer ABC LLP compensation to entice them to transfer
Morris’ file.
o Disclose all information about Morris’ file to XYZ LLP to
detect conflicts.
Category: Family Law
58. The Children’s Aid Society has commenced a protection
application over Lonzo, a 12-year-old child. During court
proceedings, the judge ordered that Lonzo’s father, Jay, to
undergo an assessment under section 98 of the Child, Youth
and Family Services Act, 2017. Jay refused to comply with
the assessment. What will be the consequence of Jay’s
actions?
o The court will draw a negative inference against Jay.
o The court will draw any inference it believes to be
reasonable.
o The court will coordinate with law enforcement to ensure
that Jay undertakes the assessment.
o The court will bar Jay from caring for Lonzo in the
foreseeable future.
Category: Family Law
59. In a family law proceeding involving two former spouses,
Donghai and Fen, a judge calculates their net family property
values to be $60,000 and $90,000, respectively. What will be
the resulting equalization claim?
o Donghai will have to pay $15,000.
 o Donghai will have to pay $30,000.
o Fen will have to pay $15,000.
o Fen will have to pay $30,000.
Category: Family Law
60. Jessie, a lawyer, is representing a client in a family law
dispute. One day, she receives an email from Jackson, who is
the lawyer representing the opposing party in the dispute.
The subject of the email had the following text: “PRIVILEGED
INFORMATION – Re: The Star File, XY155”. It appeared to
Jessie that the email should have been sent to Jackson’s
client, not her. How should Jessie proceed?
o Immediately delete the file and contact Jackson’s client.
o Immediately notify Jackson of this incident and determine
if privilege has been lost.
o Immediately notify Jackson.
o Immediately contact the Law Society of Ontario.
Category: Family Law
61. D.J. is in the process of divorcing his spouse, Bernadette.
After discussing with his lawyer, he believes he will likely be
awarded an equalization payment of $10,000 to $15,000. He
believes this is quite unfair, given that Bernadette recently
spent most of her money at the casino. Accordingly, he asks
his lawyer to obtain an order for an unequal equalization. To
do this, he must prove that the result of the normal
equalization calculation will be which of the following?
o Unusual.
o Unconscionable.
o Unfair.
o Unethical.
Category: Family Law
62. At the end of a family law trial, the Superior Court of
Justice issues a temporary order, requiring the respondent to
pay the applicant $40,000, inclusive of costs and interest.
The respondent would like to appeal the decision. How
should the respondent proceed?
o By appealing directly to the Ontario Court of Appeal.
 o By appealing directly to the Divisional Court of Justice.
o By seeking leave to appeal from the Ontario Court of
Appeal.
o By seeking leave to appeal from the Divisional Court of
Justice.

Category: Family Law

63. Case Set: Sade meets with a lawyer, Alejandra, to seek
her assistance with a family law dispute. At the meeting,
Sade tells Alejandra that he would like to divorce his spouse,
Lillian. He explains that the couple got into a heated
argument on May 1, 2022. Immediately afterwards, Sade
moved into his friend’s apartment. After having a
conversation, Sade returned to live with Lillian on June 25,
2022. On September 1, 2022, after yet another heated
argument, Sade moved back into his friend’s apartment. On
September 10, 2023, Sade tells Alejandra that he has had
enough and would like to permanently end his marriage. The
couple have two children, one year-old twins Ronny and
Melo.
What should Alejandra do during her introductory meeting
with Sade?
o Seek Sade’s permission to contact Lillian to verify the
facts provided.
o Inform Sade of various dispute resolution mechanisms.
o Restrict Sade from bringing Ronny and Melo into the
meeting.
o Prepare an application for divorce.
Category: Family Law
64. Case Set: Sade meets with a lawyer, Alejandra, to seek
her assistance with a family law dispute. At the meeting,
Sade tells Alejandra that he would like to divorce his spouse,
Lillian. He explains that the couple got into a heated
argument on May 1, 2022. Immediately afterwards, Sade
moved into his friend’s apartment. After having a
conversation, Sade returned to live with Lillian on June 25,
 2022. On September 1, 2022, after yet another heated
argument, Sade moved back into his friend’s apartment. On
September 10, 2023, Sade tells Alejandra that he has had
enough and would like to permanently end his marriage. The
couple have two children, one year-old twins Ronny and
Melo.
One week after the meeting, Sade agrees to retain Alejandra,
who is likewise happy to represent Sade. How should
Alejandra proceed next?
o By immediately informing Lillian that she will be
representing Sade.
o By conducting a conflict check.
o By requesting that Sade provide a money retainer.
o By preparing a divorce application.
Category: Family Law
65. Case Set: Sade meets with a lawyer, Alejandra, to seek
her assistance with a family law dispute. At the meeting,
Sade tells Alejandra that he would like to divorce his spouse,
Lillian. He explains that the couple got into a heated
argument on May 1, 2022. Immediately afterwards, Sade
moved into his friend’s apartment. After having a
conversation, Sade returned to live with Lillian on June 25,
2022. On September 1, 2022, after yet another heated
argument, Sade moved back into his friend’s apartment. On
September 10, 2023, Sade tells Alejandra that he has had
enough and would like to permanently end his marriage. The
couple have two children, one year-old twins Ronny and
Melo.
In preparing the divorce application, what date should
Alejandra put under the date of separation?
o May 1, 2022.
o June 25, 2022.
o September 1, 2022.
o September 10, 2023.
Category: Public Law
66. Camila has been a lawyer at ABC LLP for five years.
Recently, she told one of her colleagues, Andy, that she was
really hoping to have a baby soon. Andy, who is the chair of
ABC LLP’s hiring committee, advised Camila that having a
baby would take her attention away from her job. He also
suggested to avoid having a baby if she has any interest in
advancing within ABC LLP, or alternatively, to find another,
less demanding job. Which of the following best describes
Andy’s comments?
o They are microaggressions.
o They are discriminatory.
o They are not microaggressions because Camila is not
pregnant.
o They are not discriminatory because Camila is not
pregnant.
67. Alessia, a dentist in Ontario, seeks to challenge the
constitutionality of the federal Dental Benefit Act, which
provides certain Canadians with access to dental benefits.
Alessia believes the Act is ambiguous and burdensome for
dentists to implement. She approaches Ininaatig, a
constitutional lawyer, for assistance. How should Ininaatig
proceed?
o By providing Alessia with her options and seeking her
instructions accordingly.
o By giving the Attorney General of Canada and the
Attorney General of each province notice, at least 10 days
prior to the date of the hearing, of Alessia’s intention to
challenge the constitutionality of the Dental Benefit Act.
o By giving the Attorney General of Canada and the
Attorney General of each province notice, at least 15 days
prior to the date of the hearing, of Alessia’s intention to
challenge the constitutionality of the Dental Benefit Act.
o By giving the Attorney General of Canada and the
Attorney General of Ontario notice, at least 10 days prior
to the date of the hearing, of Alessia’s intention to
challenge the constitutionality of the Dental Benefit Act.
Category: Public Law
68. What must be recorded in the general disbursements
journal that does not need to be recorded in the general
receipts journal?
o Date.
o Method of payment.
o Amount of money involved.
o Number of document.

Category: Public Law

69. In making a claim pursuant to the Canadian Charter of
Rights and Freedoms (the “Charter”) against a local police
force, Rory would like to use a sociologist, psychologist, an
anthropologist, and a statistician as expert witnesses. What
must Rory keep in mind?
o The need to obtain leave.
o The limited benefit that such experts provide in proving a
Charter claim.
o That such experts may only swear affidavits.
o That with Charter claims, only three experts can be used.
Category: Public Law
70. Lakisha, a lawyer, represented her client, a teacher,
before the Human Rights Tribunal of Ontario. Her client
alleged that she was terminated by her employer on
discriminatory grounds. The Tribunal ultimately ruled in
favour of her client; and the teacher’s school board was
ordered to re-hire the teacher, and pay her $200,000 in
damages. Lakisha had entered into a contingency fee
arrangement with her client, whereby Lakisha was to obtain
25% of any award granted to the client. The arrangement
was agreed upon between the parties. The court did not
approve of the fee. Which of the following is true?
o Lakisha was not permitted to enter into a contingency fee
arrangement with her client.
o The bill Lakisha delivers to her client must clearly indicate
the client has the right to apply for an assessment before
the Superior Court of Justice.
 o The bill Lakisha delivers to her client must clearly indicate
the client has the right to apply for an assessment before
the Ontario Court of Justice.
o Lakisha is not permitted to obtain 25% of her clients’
award given that it would exceed the maximum amount
permitted as stipulated under the Rules of Professional
Conduct.
Category: Public Law
71. Cody would like to appeal the decision of the Ontario
License Appeal Tribunal (the “Tribunal”), which rejected his
registration as a motor vehicle salesperson under the Motor
Vehicle Dealers Act, 2002. The Tribunal’s governing statute
notes that the Statutory Powers Procedure Act will apply.
Which of the following is true regarding this appeal?
o The appeal will stay the decision of the Tribunal.
o The decision of the Tribunal is final and cannot be
appealed.
o The decision of the Tribunal can only be judicially
reviewed, not appealed.
o The decision may only be appealed on constitutional
grounds.
Category: Public Law
72. Borimir has requested the Ontario government to provide
him with access to certain hospital foundation records. He
did not provide the reasoning for the request. On what basis
may the Ontario government deny Borimir’s request?
o Hospital foundation records are excluded from disclosure
under applicable statutes.
o Borimir failed to provide a reason for his request.
o The Ontario government did not create the record and it
therefore does not need to disclose it.
o Borimir could initiate a lawsuit if he would like access to
the records.

Category: Public Law

73. Following the Supreme Court of Canada’s decision in
Canada (Minister of Citizenship and Immigration) v. Vavilov,
which of the following is true regarding the standard of
review that applies to an administrative body’s decision?
o An analysis of contextual factors will provide the basis for
the appropriate standard of review.
o There is a presumption that the appropriate standard of
review is reasonableness.
o There is a presumption that the appropriate standard of
review is correctness.
o The standard of correctness should be applied when
reviewing matters relating to procedural fairness.

Category: Public Law

74. Section 35 of the Constitution Act, 1982 protects the
existing aboriginal and treaty rights of aboriginal peoples of
Canada. What is true regarding this section?
o The rights protected under this section may be overridden
by the notwithstanding clause pursuant to section 33 of
the Canadian Charter of Rights and Freedoms.
o The rights found under section 35 may be limited by
section 1 of the Canadian Charter of Rights and Freedoms.
o The rights found under section 35 form part of the
Canadian Charter of Rights and Freedoms.
o The rights protected under section 35 can be asserted by
aboriginal peoples against a private body.
Category: Public Law
75. Benedikt brought a claim against the federal government,
pursuant to the Crown Liability and Proceedings Act. Years
after bringing forward the claim, his lawyer, Nuni, realizes
that the relevant limitation period had expired. Therefore,
the case should not have been allowed to proceed. What
should Nuni do next to abide by his professional obligations?
o Assist the Crown with establishing a defence.
o Inform the court of the limitation period.
 o Continue to fearlessly raise every defence not known to be
fraudulent or false.
o Refrain from notifying the Crown of the limitation period.
Category: Public Law
76. Busaba is considering filing a judicial review application of
a decision rendered by the Canadian Cultural Property Export
Review Board, which is a federal tribunal that determines
whether cultural property is of national importance. She
consults with her lawyer, Santiago, for advice. How should
Santiago proceed?
o By providing Busaba with her options and proceeding
accordingly.
o By filing a notice of application with the Federal Court
within 30 days after the impugned decision was
communicated to Busaba.
o By filing a notice of application with the Federal Court
within 20 days after the impugned decision was
communicated to Busaba.
o By filing a notice of application with the Ontario Divisional
Court of Justice within 30 days.
Category: Public Law
77. The Canadian Charter of Rights and Freedoms will likely
apply to which of the following actions?
o A family-owned restaurant in Grimsby, Ontario enacts a
policy which requires all customers who would like to dine
on its outdoor patio to use its in-house hand sanitizer prior
to sitting.
o A major hospital located in Toronto, Ontario enacts a
policy which requires all employees to retire by the age of
70.
o The Chartered Professional Accountants of Ontario (“CPA
Ontario”) acts pursuant to provincial legislation and has
been established to execute the government objective of
regulating professional accountants in Ontario. CPA
Ontario decides to enact a policy restricting certain
foreign-trained accountants from working in Ontario.
 o A university funded by the Ontario government decides to
ban all homecoming activities for the 2021-2022 school
year. These activities were geared towards alumni of the
university that return to reunite with their former
classmates.
Category: Public Law
78. Case Set: Bill has been a lifelong resident of Hamilton,
Ontario. His friends call him “Mr. Hamilton”, given his
relentless support for the city, which he believes is the most
beautiful in the world. Bill has been particularly fond about
Hamilton’s efficient and organized roads, hard-working
residents and its vast bodies of water, including the Hamilton
Harbour, all of which provide for excellent swimming
opportunities in the summer. In November 2022, the city of
Hamilton announced that a leak in its sewage system, which
went undetected for 26 years, had cumulatively dumped
over 300 million liters of waste into the Hamilton Harbour. In
January 2023, the city of Hamilton further discovered a
separate leak that had dumped an additional 60 million litres
of sewage into the Hamilton Harbour. Bill was disheartened
to hear the news. He had been swimming in the Hamilton
Harbour for decades and wondered where he would swim
moving forward. He wanted to learn more about the
situation, and called a local law firm, ABC LLP, for more
information.
Bill has an initial meeting with Dayna, a lawyer at ABC LLP.
At the meeting, he asks Dayna whether he would be
permitted to access certain records of Hamilton’s city council
over the last few years. In the weeks after, Bill and Dayna
meet several times and exchange emails to discuss the
matter. Dayna also produced a short memorandum, where
she outlines his rights pertaining to accessing city council
records. Dayna did not ask Bill to sign a retainer agreement
at any point. Dayna also did not ask Bill for a money retainer.
Is Bill a client of ABC LLP?
o No, since Bill did not sign a retainer agreement.
o No, since Bill was not asked for a money retainer.
 o Yes, since he met with Dayna on several occasions.
o Yes, since it would be reasonable for Bill to conclude that
ABC LLP has agreed to provide him with legal services.
Category: Public Law
79. Case Set: Bill has been a lifelong resident of Hamilton,
Ontario. His friends call him “Mr. Hamilton”, given his
relentless support for the city, which he believes is the most
beautiful in the world. Bill has been particularly fond about
Hamilton’s efficient and organized roads, hard-working
residents and its vast bodies of water, including the Hamilton
Harbour, all of which provide for excellent swimming
opportunities in the summer. In November 2022, the city of
Hamilton announced that a leak in its sewage system, which
went undetected for 26 years, had cumulatively dumped
over 300 million liters of waste into the Hamilton Harbour. In
January 2023, the city of Hamilton further discovered a
separate leak that had dumped an additional 60 million litres
of sewage into the Hamilton Harbour. Bill was disheartened
to hear the news. He had been swimming in the Hamilton
Harbour for decades and wondered where he would swim
moving forward. He wanted to learn more about the
situation, and called a local law firm, ABC LLP, for more
information.
The Regional Municipality of Hamilton–Wentworth is
considering passing legislation to prevent sewage leaks in
the future, but is unsure whether it falls within its
jurisdiction. Which division of power provides that provinces
have exclusive jurisdiction over municipalities, and that
municipalities may only exercise powers given to them by
provincial law?
o 91(2) – Trade and Commerce.
o 91(20) – Legal Tender.
o 92(8) – Municipal Institutions in the Province.
o 92(13) – Property and Civil Rights.
Category: Public Law
80. Case Set: Bill has been a lifelong resident of Hamilton,
Ontario. His friends call him “Mr. Hamilton”, given his
relentless support for the city, which he believes is the most
beautiful in the world. Bill has been particularly fond about
Hamilton’s efficient and organized roads, hard-working
residents and its vast bodies of water, including the Hamilton
Harbour, all of which provide for excellent swimming
opportunities in the summer. In November 2022, the city of
Hamilton announced that a leak in its sewage system, which
went undetected for 26 years, had cumulatively dumped
over 300 million liters of waste into the Hamilton Harbour. In
January 2023, the city of Hamilton further discovered a
separate leak that had dumped an additional 60 million litres
of sewage into the Hamilton Harbour. Bill was disheartened
to hear the news. He had been swimming in the Hamilton
Harbour for decades and wondered where he would swim
moving forward. He wanted to learn more about the
situation, and called a local law firm, ABC LLP, for more
information.
Bill ultimately retains ABC LLP, and asks them to reach out to
the city of Hamilton’s solicitor to obtain records of city
council meetings related to the leaks. The solicitor for the
city notes that he has the right to refuse, and as a result, will
refuse to disclose such records, given that a statute
authorizes holding those meetings in the absence of the
public. Bill would like to appeal the decision of the solicitor.
Which of the following is true?
o Access to meeting records has been denied due to an
exclusion; the burden of proof that the exclusion applies
will lie with the municipality.
o Access to meeting records has been denied due to an
exemption; the burden of proof that the exemption
applies will lie with Bill.
o Access to meeting records has been denied due to an
exclusion; the burden of proof that the exclusion applies
will lie with Bill.
o Access to meeting records has been denied due to an
exemption; the burden of proof that the exemption
applies will lie with the municipality.