ON Solicitor Exam cheat sheet

Limitation periods under Ontario's Limitations Act, 2002: basic 2-year period from discovery; ultimate 15-year period from the act/omission giving rise to the claim (s.4, s.15).

Rule 14.03(2) simplified procedure: mandatory for claims $35,000 or less; a plaintiff may choose it for claims up to $200,000; no cross-examination on affidavits absent leave.

Rule 76 simplified procedure applies to claims of $200,000 or less (exclusive of interest and costs); trial is before a judge alone, and the 15-day/10-day timelines are compressed.

Rule 25.06(1): pleadings must contain a concise statement of the material facts, not the evidence; Rule 25.11 permits striking a pleading that is scandalous, frivolous, vexatious, or an abuse of process.

Rule 26.01: on motion, the court shall grant leave to amend a pleading at any stage unless the amendment would cause non-compensable prejudice.

Rule 20 summary judgment: moving party must show no genuine issue requiring a trial; the court may weigh evidence, evaluate credibility, and draw reasonable inferences (Hryniak v. Mauldin, 2014 SCC 7).

Rule 49 offers to settle: a party who beats its own offer may be entitled to partial indemnity costs to the date of the offer and substantial indemnity costs thereafter, plus interest at 2% above the prejudgment rate.

Rule 57.01 costs factors include the result, the parties' conduct, the amount claimed and recovered, and any offer to settle; costs are in the discretion of the court.

Mandatory mediation under Rule 24.1 applies to most civil actions in Toronto, Ottawa, and Essex County unless the action is brought under Rule 76 or the court orders otherwise.

Agreement of Purchase and Sale (APS): the standard OREA Form 100 is used for resale residential transactions; the offer is irrevocable until the stated time, and acceptance must be communicated in writing.

Land transfer tax: Ontario LTT is calculated on a graduated scale (e.g., 0.5% on the first $55,000, 1% on $55,000–$250,000, 1.5% on $250,000–$400,000, 2% on $400,000–$2,000,000, 2.5% above $2,000,000); Toronto levies a separate municipal LTT on top.

First-time home buyers may claim the Ontario LTT refund (up to $4,000) and the Toronto LTT refund (up to $4,475) if eligibility criteria are met.

HST applies to new residential housing but not to resale residential housing; the GST/HST new housing rebate may be assigned to the builder.

Title insurance covers title defects, fraud, and certain survey/encroachment issues; it does not cover matters known to the insured at the time of purchase or matters created by the insured.

Planning Act s.50: a conveyance of land that creates a new lot requires consent of the committee of adjustment (severance) or a plan of subdivision; a contravening conveyance is void.

Execution Act and Land Titles Act: a sheriff's sale or a judgment creditor's lien must be cleared before closing; under the Land Titles system, the parcel register is conclusive subject to the Act's exceptions.

Residential Tenancies Act, 2006: a purchaser who acquires a residential property with a tenant must honour the tenancy; vacant possession cannot be required unless the tenancy is lawfully terminated.

Law Society of Ontario By-Law 9: a lawyer must verify client identity and report suspicious transactions under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act when acting on a real estate conveyance.

Canada Business Corporations Act (CBCA) s.102: directors must manage or supervise the management of the business and affairs of the corporation; s.122(1)(b) imposes a fiduciary duty to act honestly and in good faith with a view to the best interests of the corporation.

CBCA s.122(1)(b) duty of care: every director and officer must exercise the care, diligence, and skill that a reasonably prudent person would exercise in comparable circumstances.

Business Corporations Act (Ontario) s.248 and CBCA s.241: a complainant may apply for an oppression remedy where the affairs of the corporation are conducted in a manner that is oppressive, unfairly prejudicial, or unfairly disregards the interests of a security holder, creditor, director, or officer.

CBCA s.190 and OBCA s.185: dissenting shareholders may exercise appraisal rights on fundamental changes (e.g., amalgamation, sale of all or substantially all assets, continuance) and be paid fair value for their shares.

CBCA s.119: a corporation must have at least one director; a director must be at least 18 years old, not bankrupt, and (for CBCA) not an undischarged bankrupt; at least 25% of directors must be resident Canadians if the corporation has four or more directors.

Personal liability: directors are jointly and severally liable for up to six months' wages under the Canada Labour Code and for unremitted source deductions under the Income Tax Act and CPP/EI legislation.

Sale of goods under the Ontario Sale of Goods Act: implied conditions of title, quiet possession, and fitness for purpose apply to consumer transactions; commercial parties may contract out of some implied terms.

Competition Act s.45: conspiracy to fix prices, allocate markets, or restrict supply is a criminal offence; s.90.1 addresses civil agreements that substantially lessen or prevent competition.

Personal Property Security Act (Ontario): a security interest attaches when value is given, the debtor has rights in the collateral, and the debtor has signed a security agreement; perfection occurs by registration or possession.

Succession Law Reform Act (SLRA) s.4: a will is valid if made in writing, signed by the testator at the end, and signed by two witnesses present at the same time; a holograph will need only be signed by the testator.

SLRA s.17: a will is revoked by marriage unless made in contemplation of that marriage; divorce revokes provisions in favour of the former spouse.

SLRA Part V: dependants' relief may be claimed by a spouse, common-law spouse, child, or parent who was dependent on the deceased; the court may order support from the estate.

SLRA s.72: on an intestacy, the preferential share for a spouse is $350,000 (as of 2021), with the residue divided between the spouse and children under the statutory formula.

Trusts: a valid trust requires certainty of intention, certainty of subject matter, and certainty of objects; a trust for a purpose is invalid unless charitable or a statutory exception applies.

Resulting trust: a gratuitous transfer from one person to another raises a presumption of resulting trust (Pecore v. Pecore, 2007 SCC 17); the transferee bears the onus of proving a gift.

Constructive trust: a remedy for unjust enrichment requires an enrichment, a corresponding deprivation, and the absence of a juristic reason (Soulos v. Korkontzilas, 1997 CanLII 346).

Estate administration: an estate trustee's compensation is typically 2.5% of capital receipts and 2.5% of revenue receipts, subject to court approval or the will's provisions.

Estate Administration Tax (EAT): Ontario charges approximately $5 per $1,000 on the first $50,000 of the estate and $15 per $1,000 on the value exceeding $50,000; the estate trustee files an Estate Information Return within 180 days of the certificate.

Divorce Act s.8: a divorce may be granted on the ground of breakdown of the marriage (separation for at least one year, adultery, or cruelty) or on the ground of a marriage that is void or voidable.

Divorce Act s.11: the court must be satisfied that reasonable arrangements have been made for the support of the children before granting a divorce.

Child support: the Federal Child Support Guidelines set the presumptive table amount based on the payor's gross annual income and the number of children; s.7 special or extraordinary expenses are shared in proportion to income.

Spousal support: the Spousal Support Advisory Guidelines provide ranges based on income difference, length of marriage, and presence of children; entitlement is based on compensatory or non-compensatory grounds.

Family Law Act (Ontario) Part I: spouses are entitled to equalization of net family property; the spouse with the higher net family property pays half the difference.

Family Law Act s.4: net family property excludes gifts and inheritances received during the marriage (unless they were used for a matrimonial home or have been dissipated), damages for personal injury, and life insurance proceeds.

Matrimonial home: under FLA s.18, both spouses have an equal right to possession of the matrimonial home; s.21 prohibits disposition of the matrimonial home without the other spouse's consent or a court order.

Family Law Act s.29: a common-law spouse may claim spousal support after cohabiting continuously for at least three years or having a child together and cohabiting in a relationship of some permanence.

Family Responsibility and Support Arrears Enforcement Act: the Family Responsibility Office (FRO) enforces support orders and may suspend a payor's driver's licence or garnish income.

Bankruptcy and Insolvency Act (BIA) s.43: a creditor may petition for a bankruptcy order where the debtor owes at least $1,000 and has committed an act of bankruptcy within the six months preceding the petition.

BIA s.42: acts of bankruptcy include fraudulent conveyance, intent to defeat creditors, and failure to satisfy an execution within the statutory period.

BIA s.136: the priority scheme for distribution of proceeds includes costs of administration, preferred claims (e.g., wages up to $2,000 per employee and $1,000 for disbursements of travelling salespersons), and secured creditors' claims to the extent of their security.

BIA s.95: transfers at undervalue within five years before bankruptcy may be reviewed; the court may order the transferee to pay the difference between the consideration and the fair market value.

BIA s.96: preferences given to arm's-length creditors within three months (or one year for non-arm's-length creditors) before bankruptcy are void.

BIA s.178: student loans are not released by a bankruptcy unless the debtor has ceased to be a student for at least seven years (or the court grants relief on grounds of bad faith or undue hardship).

BIA s.172: a discharge may be absolute, conditional, suspended, or refused; the court considers the debtor's conduct, assets, and causes of bankruptcy.

Proposals: a Division I proposal requires a stay of proceedings and creditor approval (majority in number and two-thirds in value); a consumer proposal is available for debts up to $250,000 (excluding a principal residence mortgage).

Companies' Creditors Arrangement Act (CCAA): a court-supervised restructuring for corporations with liabilities over $5 million; the initial stay is typically 30 days and may be extended.

Employment Standards Act, 2000 (ESA): minimum wage, overtime (1.5 times the regular rate after 44 hours per week), and public holiday pay are statutory minimums that cannot be contracted out of.

ESA s.54: an employer must provide written notice of termination or pay in lieu based on length of service (e.g., one week for 3 months to 1 year, two weeks for 1–3 years, three weeks for 3–5 years, plus one week per year up to eight weeks).

ESA s.57: statutory severance pay is required for employees with at least five years of service where the employer has an annual payroll of at least $2.5 million or has severed 50 or more employees in six months; the amount is one week's pay per year of service up to 26 weeks.

Common law reasonable notice is based on the Bardal factors: age, length of service, character of employment, and availability of similar employment.

Just cause for dismissal requires a serious breach or cumulative misconduct; the employer bears the onus and must not condone the conduct.

Constructive dismissal occurs when an employer makes a unilateral fundamental change to an essential term of the employment contract (e.g., demotion, significant pay cut, forced relocation).

Human rights: the Ontario Human Rights Code prohibits discrimination in employment based on enumerated grounds; the duty to accommodate to the point of undue hardship applies.

Occupational Health and Safety Act: workers have the right to refuse unsafe work (s.43); an employer must investigate and may reassign the worker pending resolution.

Employment contract enforceability: a termination clause that violates the ESA is void; courts may sever an illegal clause only if the remainder can stand (Waksdale v. Swegon North America, 2020 ONCA 391).

Standard of review: following Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the presumptive standard is reasonableness; correctness applies to constitutional questions, general questions of law of central importance to the legal system, and jurisdictional boundaries between competing tribunals.

Reasonableness review examines the decision's rationale, the record, and the outcome; a decision must be justified, transparent, and intelligible.

Procedural fairness: the content of the duty depends on the nature of the decision, the statutory scheme, and the impact on the individual (Baker v. Canada, [1999] 2 S.C.R. 817).

Natural justice: the right to an unbiased decision-maker (nemo judex in causa sua) and the right to be heard (audi alteram partem).

Statutory appeal rights: an appeal to a court is distinct from judicial review; the appeal court applies the standard of review to the tribunal's decision.

Judicial review procedure: in Ontario, an application under the Judicial Review Procedure Act must be brought within 30 days of the decision or as set by statute; the Divisional Court is the usual forum.

Privative clauses: a statutory clause purporting to exclude judicial review is not absolute; courts retain jurisdiction over jurisdictional errors and constitutional issues.

Delegation: an administrative decision-maker cannot sub-delegate its authority unless the statute expressly permits it (delegatus non potest delegare).

Fettering discretion: a decision-maker must not adopt a rigid policy that prevents consideration of individual circumstances; policy may guide but not dictate the exercise of discretion.