Ethical and Professional Responsibility
Foundations
Ontario practice is governed by the Law Society Act and the Rules of Professional Conduct (LSO). Candidates must know the core duties: competence, confidentiality, loyalty (avoiding conflicts), candour to the court, integrity, and civility. The duty to the court is paramount and can override client instructions.
Conflicts and Confidentiality
Understand current-client, former-client, and joint-retainer conflicts. A lawyer cannot act where there is a substantial risk that loyalty to one client is materially and adversely affected by duty to another. Confidentiality survives the retainer's end; exceptions include client consent, disclosure required by law, or preventing serious harm. Trap: confusing the duty to keep confidences with solicitor-client privilege (an evidentiary rule).
Competence and Withdrawal
Competence includes recognizing limits and obtaining informed consent for risks. Withdrawal requires reasonable notice, protection of the client's interests, and, where litigation is pending, leave of the court. Non-payment alone generally is not a permitted ground to withdraw mid-matter without court leave.
Candour and Civility
Lawyers must not mislead the court, must cite adverse authority, and must correct an inadvertent error. Civility is a professional obligation, not merely courtesy.
Worked example
A lawyer discovers a conflict after accepting a retainer. Rule of thumb: assess whether the risk is material and adverse; if so, the retainer is improper and the lawyer must withdraw with notice unless the affected client gives informed consent and no confidential information is misused. Document the analysis.
Exam traps
Watch for questions that suggest client instructions trump court duties, or that confidentiality ends when the file closes.
Civil Litigation and Dispute Resolution
Commencing and Pleadings
Ontario civil procedure is governed by the Rules of Civil Procedure. Know limitation periods under the Limitations Act, 2002 (basic two years from discovery; ultimate fifteen years) and how to plead. A claim must disclose a reasonable cause of action; motions to strike are decided on the pleadings alone.
Discovery and Motions
Understand documentary and oral discovery, the requirement of relevance and proportionality, and privilege claims. Motions require notice, supporting affidavits, and adherence to timelines. Trap: confusing the burden on a motion to strike (no evidence) with summary judgment (evidence permitted).
Summary Judgment and Settlement
Summary judgment is available where there is no genuine issue requiring a trial; the court may use its fact-finding powers. Settlement privilege protects settlement communications; offers to settle under Rule 49 carry costs consequences.
Trials and Appeals
Know the structure of trial (opening, evidence, closing, judgment) and appeal routes to the Court of Appeal or Divisional Court. Deadlines are strict.
Worked example
A plaintiff discovers a breach in 2020 but sues in 2023. Rule of thumb: start from the date of discovery (when the claim was reasonably knowable), not when the harm occurred, subject to discoverability and the ultimate limitation. Confirm no tolling applies.
Exam traps
Questions may blend limitation periods with procedural deadlines; distinguish substantive limits from rules-based timelines.
Criminal Law and Procedure
Offences and Elements
Candidates must distinguish actus reus and mens rea, and understand the Criminal Code classification of offences (summary, indictable, hybrid). Know defences: self-defence, necessity, duress, automatism, and the Charter remedies under s. 24(2).
Charter Rights
Key sections: s. 7 (fundamental justice), s. 8 (search and seizure), s. 9 (detention), s. 10(b) (right to counsel), s. 11 (fair trial). Understand the Grant framework for excluding evidence: seriousness of the breach, impact on Charter-protected interests, and society's interest in adjudication on the merits.
Bail and Disclosure
Bail is governed by the Criminal Code with a presumption of release; the Crown bears the onus to justify detention. Disclosure obligations under Stinchcombe require the Crown to disclose relevant, non-privileged material.
Trial Process
Know the roles of Crown and defence, the burden and standard of proof (beyond a reasonable doubt), and the rule against adverse inferences from silence.
Worked example
Police search a home without a warrant and find evidence. Rule of thumb: apply s. 8, then Grant. A serious warrantless search of a home strongly favours exclusion unless the evidence would have been discovered independently.
Exam traps
Questions may conflate detention with arrest; detention triggers s. 10(b) rights. Also watch for reversed onuses in bail.
Family Law
Legislation and Frameworks
Ontario family law operates under the Family Law Act (property, support) and the Divorce Act (federal, divorce and parenting). Understand the distinction between married and unmarried partners, and the different treatment of property versus support.
Property and Equalization
For married spouses, the equalization of net family property applies; the matrimonial home receives special treatment (no deduction for its value at marriage). Unmarried partners have no automatic equalization right but may claim unjust enrichment.
Support
Spousal support considers entitlement (compensatory, needs-based, contractual) and the Spousal Support Advisory Guidelines. Child support follows the Federal Child Support Guidelines, with the table amount plus s. 7 special expenses.
Parenting
Best interests of the child govern parenting decisions, including stability, the child's views, and family violence. The maximum contact principle is subordinate to best interests.
Worked example
A married spouse owned a home before marriage that became the matrimonial home. Rule of thumb: the matrimonial home's value at marriage is not deducted in calculating net family property, which often increases the equalization payment.
Exam traps
Questions may apply equalization to common-law partners; remember the distinction. Also separate support entitlement from quantum.
Real Estate and Business Law
Real Estate Transactions
Know the Agreement of Purchase and Sale, the role of the lawyer, title searches, and title insurance. Understand the Land Titles Act versus the registry system, and the significance of closing adjustments and requisition dates.
Mortgages and Priorities
Understand mortgage remedies (power of sale, judicial sale, foreclosure) and priorities among encumbrances. Registration order generally governs priority, subject to statutory exceptions.
Business Organizations
Distinguish sole proprietorships, partnerships, and corporations. Corporations are separate legal persons (limited liability); directors owe fiduciary duties. Understand the Business Corporations Act (Ontario) and relevant federal statute distinctions.
Contract and Commercial Traps
Watch for issues of capacity, consideration, and the Statute of Frauds (land contracts must be in writing).
Worked example
A buyer wants to back out before the requisition date. Rule of thumb: the requisition date is the buyer's deadline to raise title objections; missing it can waive objections and affect the right to rescind.
Exam traps
Questions may confuse power of sale with foreclosure; power of sale does not require court approval, foreclosure does. Also distinguish corporate personality from shareholder liability.