Sample Questions – Beat The Bar

Question 1 of 20

1. Pursuant to the Children’s Law Reform Act, an Ontario court cannot exercise its jurisdiction to make an order for custody of a child in which of the following scenarios?

A. An application for custody is pending in Manitoba where the child is resident.

B. The child resides in Alberta but is visiting Ontario when the application for custody commences.

C. Two years ago the child moved to Ontario with her father and has been living there ever since.

D. The child resides in Ottawa with one parent, but the rest of her family lives in PEI.

Question 1 of 20

Question 2 of 20

2. You make a third party disclosure request for your client’s medical record, and in response receive a medical-legal report from a psychiatrist. Which of the following is correct?

A. If the findings in the report may cause harm or injury to your client, you should recommend that your client attend at the psychiatrist’s office to review and discuss the report.

B. If the findings in the report may cause harm or injury to your client, you cannot show the report to your client.

C. You cannot disclose the contents of the report to your client if the report indicates that it is to be kept confidential.

D. You and the psychiatrist are in a quasi-lawyer-client relationship and as such, the contents of the report are privileged.

Question 2 of 20

Question 3 of 20

3. Each of the following is true of a shotgun clause in a shareholders agreement, except:

A. The shotgun clause only works equitably where each of the shareholders has enough financial capacity to exercise the purchase under the clause.

B. The clause provides a mechanism where any shareholder can sell the shareholder’s own shares.

C. A shotgun clause is intended to provide a meaningful mechanism for the protection of minority shareholders.

D. A shareholder can trigger a shotgun clause by fixing the price per share for purchase of another shareholder’s shares.

Question 3 of 20

Question 4 of 20

4. Which of the following is an acceptable method by which a tribunal hearing can be conducted?

A. Orally, in writing, or electronically in all cases.

B. Orally, or if the tribunal’s rules allow it, in writing or electronically.

C. Orally in person, in all cases.

D. Orally in person only, but any tribunal may hear procedural matters in writing or electronically.

Question 4 of 20

Question 5 of 20

5. Which of the following would most likely be considered an incident of sexual harassment in a law firm?

A. An articling student asking another articling student out on a date.

B. A lawyer displaying a desk calendar that features pictures of nude police officers.

C. A lawyer using a work computer to privately look at sexually suggestive material.

D. Articling students sharing dating anecdotes in the Cafe.

Question 5 of 20

Question 6 of 20

6. Ted has been charged under the Controlled Drugs and Substances Act (CDSA) for production of marijuana. This is the second time Ted has been charged with an offence under the CDSA. He was previously fined $500 for possessing 10g of marijuana. The production offence involves 300 marijuana plants. If No other aggravating factors are present what is the maximum penalty Ted might receive for the offence?

A. Imprisonment for 14 years

B. Imprisonment for 18 months

C.Imprisonment for 5 months

D. Imprisonment for life

Question 6 of 20

Question 7 of 20

7. Which of the following discussions between a lawyer and witness is not permitted during re-examinations of the witness pursuant to rule 5.4 of the Rules of Professional Conduct?

A. Discussions about the witness’s evidence, if the witness is unsympathetic to the lawyer conducting the re-examination and is called by opposing counsel.

B. Discussions about the witness’s evidence, if the witness is sympathetic to the lawyer conducting the re-examination and is called by opposing counsel.

C. Discussions about anything not yet covered in the re-examination, if the witness is unsympathetic to the lawyer conducting the re-examination and is called by that same lawyer.

D. Discussions about anything not yet covered in the re-examinations, if the witness is sympathetic to the lawyer conducting the re-examination and is called by that same lawyer.

Question 7 of 20

Question 8 of 20

8. Jose is a creditor who wants to obtain a PMSI priority over an assembly machine that Pablo, a debtor, recently purchased for his widget-making factory. In order to do so, Jose must:

A. Give notice in writing to any other secured party before they have registered a financing statement for the assembly machine

B. Perfect his security interest by registration before or within 15 days after Frank obtains possession of the assembly machine

C. Satisfy the attachment conditions under the PPSA before or within 15 days after Frank obtains possession of the assembly machine

D. Perfect his security interest by registration before or within 15 days after the attachment of the PMSI in the assembly machine

Question 8 of 20

Question 9 of 20

9. A lawyer’s license may be suspended for administrative reasons in each of the following cases, except:

A. Failure to pay annual fees to the Law Society.

B. Failure to maintain professional liability insurance.

C. A breach of undertaking to the Law Society.

D. Failure to provide a report on annual continuing professional development (CPD) activities to the Law Society.

Question 9 of 20

Question 10 of 20

10. Sanchez has been suspended by the Law Society. Accordingly, he must not:

A. Practice law or provide legal services

B. Disclose his suspended status to existing and former clients

C. Hold himself out as someone who is entitled to practice law

D. All of the above

Question 10 of 20

Question 11 of 20

11. You act for Lena, a middle-aged mother of two who recently separated from her husband, Matt. Recently, the couple began negotiating a parenting plan for their two children. Lena is more interested in maximizing the time she spends wit her children, while Matt seems to be concerned primarily with money. Matt’s lawyer contacts you with an offer: Matt agrees to have the children live with Lena provided Lena transfers title of the couple’s jointly owned cottage to Matt. The lawyer informs you that the deal is only open for 12 hours. You have been unable to reach Lena and the offer has almost expired. What should you do?

A. Consult your retainer agreement to determine whether to accept the offer.

B. Accept the offer.

C. You must continue to seek instructions from Lena even if attempting to do so results in the offer expiring.

D. The 12 hours does not begin to run until the offer reaches Lena, therefore you have ample time to seek instructions.

Question 11 of 20

Question 12 of 20

12. Which of the following must always be included in a corporation’s articles?

A. A provision regarding the pre-emptive rights of shareholders

B. Share transfer restrictions

C. The location of a corporation’s registered office

D. A provision permitting cumulative voting for directors

Question 12 of 20

Question 13 of 20

13. Y has been authorized to implement social welfare programs pursuant to a federal statute. X claims that Y’s agent breached X’s Charter rights. Which of the following is true?

A. If there was an infringement, X must establish on a balance of probabilities that the impugned provisions impair the object of the statute more than minimally.

B. X must establish that her Charter rights were breached beyond a reasonable doubt.

C. A Charter claim cannot be made in this case because Y is a private organization.

D. If there was an infringement, X need not establish on a balance of probabilities that there is a rational connection between the object of the statute and the impugned provisions.

Question 13 of 20

Question 14 of 20

14. If a family law application cannot be served on the other party by special service, which of the following is NOT an order the court would make to facilitate the meeting?

A. An order validating irregular service.

B. An order for substituted service.

C. An order that a subpoena be issued for the other party in the proceeding.

D. An order dispensing of the need for service.

Question 14 of 20

Question 15 of 20

15. Which of the following appeals from the Superior Court of Justice can be heard by the Divisional Court?

A. Temporary orders, by right, where the amount in issue is less than $50,000.

B. Final orders where the amount in issue is greater than $50,000.

C. Temporary orders, by right.

D. Final orders where the amount in issue is less than $50,000.

Question 15 of 20

Question 16 of 20

16. Where an action is commenced against the deceased’s estate and there is no estate trustee, the court will appoint which of the following to enable the action to proceed:

A. Litigation Administrator

B. Estate Trustee during litigation

C. Litigation Trustee

D. Estate Trustee pending resolution of a trial

Question 16 of 20

Question 17 of 20

17. The passage of the Family Law Act in 1986 introduced a new matrimonial property regime in Ontario. This regime was different than the pre-1986 regime in each of the following manners, except:

A. Absent a marriage contract waiving it, a surviving spouse in the post-1986 regime was allowed to accept his or her entitlement under the will or claiming an equalization payment

B. The matrimonial property rule of an in specie division of family assets was replaced by a division of value

C. The distinction between shareable “family” assets and non-shareable “non-family assets” was further clarified

D. The rules became applicable even where a marital relationship ended with the death of one of the spouses

Question 17 of 20

Question 18 of 20

18. Godfrey owns a home in Toronto. Hannah transferred the title to Godfrey’s home to himself through a fraudulent transfer. Which of the following is true?

A. If Hannah subsequently transfers the home to an innocent purchaser who does not have notice of the fraudulent transfer, such a transfer will be enforceable

B. No subsequent transfers by Hannah to any purchaser will be valid

C. If Hannah subsequently transfers the home to an innocent purchase who has notice of the fraudulent transfer, such a transfer will be enforceable

D. The fraudulent transfer is enforceable and Godfrey will receive compensation from the Land Titles Assurance Fund

Question 18 of 20

Question 19 of 20

19. Swift provides a $500,000 mortgage to Marc. Swift registers a charge against the property purchased by Marc. Marc agrees to make monthly payment to Swift. The monthly payment blends the principal and interest. Which of the following is an appropriate rate of interest that could be included in the charge to permit Swift to recover interest from Marc on a monthly basis?

A. 5% per annum calculated monthly

B. 5% per half-yearly calculated monthly

C. 5% per two years calculated yearly

D. 5% per month

Question 19 of 20

Question 20 of 20

20. If a landlord defaults, but the lease does not contain remedies for the tenant under a landlord default, a tenant may:

A. Use the self-help remedy of distress to provide notice to the landlord that a breach has occurred

B. Reduct the next lease payment as a set-off for the damages suffered

C. Seek equitable relief pursuant to the general power of the courts to do so under the Courts of Justice Act

D. Seek equitable relief by commencing an application to the respective court

Question 20 of 20