Ontario Barrister cheat sheet

The Barrister exam tests substantive and procedural law across a fixed set of practice areas; each area is weighted and must be studied separately.

Core barrister domains: Civil Litigation, Criminal Law, Family Law, Real Estate, Business/Corporate Law, Estates, Administrative Law, and Professional Responsibility.

Professional Responsibility (Law Society Act, Rules of Professional Conduct, By-Laws) is tested as its own domain and also permeates fact patterns in other domains.

Civil Litigation covers Rules of Civil Procedure: commencement, pleadings, motions, discovery, pre-trial, trial, costs, and appeals.

Criminal Law covers Criminal Code offences, Charter remedies, bail, disclosure, trial procedure, sentencing, and appeals.

Family Law covers Divorce Act and Family Law Act: divorce, support, property division, parenting, and child protection.

Real Estate covers Land Titles Act, Planning Act, mortgage priorities, agreements of purchase and sale, and closings.

Business Law covers Business Corporations Act, partnerships, securities basics, and commercial transactions.

Estates covers Succession Law Reform Act, wills, powers of attorney, dependant support, and estate administration.

Administrative Law covers statutory tribunals, procedural fairness, standard of review, and judicial review.

Questions are typically scenario-based: identify the governing rule, apply it to the facts, and select the best answer among four options.

Time management: allocate roughly one minute per question; flag uncertain items and return after completing confident answers.

Limitation period under Limitations Act, 2002 is generally 2 years from discovery; ultimate limitation is 15 years.

Statement of Claim must be issued within the limitation period; service on defendant within 6 months of issuance (Rule 14.08).

Notice of Intent to Defend (Rule 18.02) preserves position while defendant prepares Statement of Defence.

Statement of Defence due 20 days after service within Ontario, 40 days elsewhere in Canada, 60 days outside Canada (Rule 18.01).

Default judgment available under Rule 19 where defendant fails to defend; liquidated vs. unliquidated damages procedures differ.

Rule 20 summary judgment: no genuine issue requiring trial; court may use expanded fact-finding powers post-Hryniak.

Rule 26 amendment of pleadings: leave is presumptively granted unless prejudice to opposing party cannot be compensated by costs.

Rule 31 documentary discovery: affidavit of documents listing all documents in party's possession, control, or power; privilege asserted.

Rule 34 oral discovery: examination of a party; scope limited to matters in issue; refusals reviewable by motion.

Rule 48.14: registrar's dismissal for delay where no step taken for 5 years (or 3 years after set down).

Rule 49 offers to settle: cost consequences for party who fails to beat offer; must be in writing and not communicated to trial judge.

Rule 57 costs: costs follow the event; partial indemnity, substantial indemnity, and full indemnity scales.

Criminal Code classification: summary conviction, indictable, and hybrid (Crown elects); classification affects procedure, limitation, and penalty.

Information must be laid within 6 months for summary conviction offences (s. 786); indictable offences have no limitation period.

Bail (s. 515): ladder principle; release on undertaking, recognizance, or detention; reverse onus for certain offences (s. 515(6)).

Bail hearing: Crown must show cause for detention; accused may apply for review under s. 520/521.

Disclosure: Stinchcombe; Crown must disclose all relevant material; privilege and third-party records exceptions.

Charter s. 8 unreasonable search and seizure; s. 9 arbitrary detention; s. 10(b) right to counsel on arrest.

s. 24(2) exclusion of evidence: grant test - seriousness of Charter breach, impact on accused's rights, society's interest in adjudication on merits.

s. 11(b) right to trial within reasonable time: presumptive ceilings 18 months provincial, 30 months superior court (Jordan).

Preliminary inquiry (s. 535): available for indictable offences; committal where evidence sufficient to put accused on trial.

Election and mode of trial: accused may elect judge alone, judge and jury, or preliminary inquiry for certain offences.

Sentencing: fundamental principle - proportionality; ranges, aggravating/mitigating factors, credit for pre-trial custody.

Appeals: summary conviction appeals to Superior Court; indictable appeals to Court of Appeal; leave required for sentence appeals.

Divorce Act: divorce requires breakdown of marriage - separation 1 year, adultery, or cruelty; 1-year separation is most common ground.

Spousal support: advisory Spousal Support Advisory Guidelines; entitlement based on compensatory or needs-based models.

Child support: Federal Child Support Guidelines; table amount by income and number of children; s. 7 special/extraordinary expenses.

Family Law Act property division: equalization of net family property; matrimonial home special treatment; excluded property rules.

Matrimonial home: special status - cannot be conveyed without spouse's consent; possession rights under FLA Part II.

Parenting: Divorce Act best interests of the child; maximum contact principle; parenting plans and decision-making responsibility.

Child protection: Child, Youth and Family Services Act; protection applications, society involvement, and court oversight.

Restraining orders under FLA and Divorce Act; emergency protection; exclusive possession of matrimonial home.

Family arbitration: Arbitration Act, 1991; enforceability and court review of awards.

Family law procedure: Family Law Rules; simplified procedure for claims under $35,000; case conferences and settlement conferences.

Variation of support: material change in circumstances required under Divorce Act s. 17; FLA variation under s. 37.

Enforcement: Family Responsibility Office; garnishment, suspension of licences, and contempt for non-payment.

Ontario land registration: Land Titles Act (title by registration) vs. Registry Act (former); Land Titles is now the default.

Agreement of Purchase and Sale: OREA standard form; conditions (financing, inspection, status certificate) must be satisfied strictly.

Title search: parcel register, instruments, executions; off-title inquiries (zoning, work orders, easements).

Planning Act s. 50: subdivision control; consent required for severance; agreements must comply to be enforceable.

Land Transfer Tax: payable on registration; first-time buyer rebate; calculation based on consideration.

Mortgages: priority by registration under Land Titles; charge/mortgage remedies under Mortgages Act.

Power of sale: Mortgages Act procedure - notice, redemption period, sale in good faith, accounting for surplus.

Condominium: Condominium Act, 1998; status certificate, reserve fund, common expenses; lien rights.

Title insurance: covers fraud, survey issues, and certain off-title risks; not a substitute for search.

Closing: requisition date, tender, adjustments, registration of transfer and charge; electronic registration via Teraview.

Encroachments and adverse possession: Land Titles Act limits possessory title claims; boundary issues require survey.

Commercial leasing: Commercial Tenancies Act; rent, repair obligations, distress, and termination remedies.

Business Corporations Act (Ontario) and CBCA (federal): incorporation, articles, by-laws, and organizational resolutions.

Corporate personality: separate legal entity; limited liability of shareholders; lifting the corporate veil in limited circumstances.

Directors' duties: fiduciary duty and duty of care under OBCA s. 134; business judgment rule.

Shareholder remedies: oppression remedy (OBCA s. 248), derivative actions, dissent and appraisal rights.

Corporate finance: authorized capital, issuance of shares, consideration, and maintenance of capital rules.

Partnerships: Partnerships Act - general partnership, limited partnership, limited liability partnership; liability distinctions.

Securities: Securities Act (Ontario) - prospectus requirements, exemptions, continuous disclosure, insider trading.

Take-over bids: NI 62-104; bid mechanics, exemptions, and defensive tactics.

Commercial transactions: Sale of Goods Act, Personal Property Security Act - attachment, perfection, priority.

Bankruptcy and insolvency: BIA - proposals, bankruptcy, priorities, and trustee powers.

Employment and business: independent contractor vs. employee; wrongful dismissal; restrictive covenants.

Corporate records: minute book, registers, filings with Ontario or federal regulator; annual return requirements.

Succession Law Reform Act: formal requirements for a valid will - writing, signature, two witnesses present at same time.

Testamentary capacity: Banks v. Goodfellow test; knowledge and approval; suspicious circumstances.

Revocation: subsequent will, marriage (with exceptions), or physical destruction with intention.

Holograph wills: entirely in testator's handwriting and signed; valid without witnesses.

Intestacy: SLRA distribution scheme; spouse and issue priority; preferential share.

Powers of attorney: Substitute Decisions Act - continuing power of attorney for property; power of attorney for personal care.

Estate administration: certificate of appointment of estate trustee; probate; estate trustee duties and liabilities.

Dependant support: SLRA Part V - dependants may claim support from estate; court discretion.

Will interpretation: plain meaning, armchair rule, presumption against intestacy.

Trusts in estates: testamentary trusts, spousal trusts, and taxation implications.

Estate litigation: will challenges, passing of accounts, removal of estate trustees.

Tax: deemed disposition on death; probate fees (estate administration tax) based on estate value.

Statutory tribunals derive authority from enabling statute; jurisdiction limited to powers conferred.

Procedural fairness: notice, disclosure, opportunity to respond, reasons in some contexts; content varies with decision type.

Duty to be impartial: reasonable apprehension of bias test; no pecuniary or personal interest.

Standard of review: Vavilov - presumptive correctness for certain questions; reasonableness generally; statutory appeal rights.

Vavilov reasonableness: internally coherent, justified, and transparent decision; responsive to submissions.

Judicial review: Divisional Court jurisdiction; Judicial Review Procedure Act; time limits and leave requirements.

Prerogative writs: certiorari, mandamus, prohibition, quo warranto, habeas corpus.

Standing: directly affected parties; public interest standing in limited cases.

Deference: courts defer to tribunal expertise and statutory interpretation within its mandate.

Evidence before tribunals: Statutory Powers Procedure Act; hearsay admissible subject to fairness.

Appeals vs. judicial review: statutory appeal rights restrict review; standard of review on appeal.

Remedies: quashing, remitting to tribunal, declarations, and damages in limited circumstances.

Law Society Act and Rules of Professional Conduct govern Ontario lawyers; violations may lead to discipline.

Duty of loyalty: avoid conflicts of interest; concurrent and successive conflicts; informed consent and independent representation.

Confidentiality: broad duty; exceptions for future harm, court order, or client consent.

Solicitor-client privilege: evidentiary and substantive; belongs to client; waiver rules.

Competence and quality of service: standard of a competent lawyer; file management and communication.

Fees: reasonableness; retainers; contingency fees; prohibition on certain fee arrangements.

Client property: trust accounts; Law Society By-Law 9; record-keeping and audits.

Advertising and marketing: must be accurate, not misleading; restrictions on comparative claims.

Withdrawal from representation: non-payment, conflict, or client instructions; court approval where litigation pending.

Undertakings: personal and binding; must be honoured; breach is professional misconduct.

Reporting obligations: report suspected misconduct of another licensee to Law Society.

Equity and diversity: human rights obligations; accommodation; non-discrimination in practice.