ON Solicitor Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Basic limitation period

Under Ontario's Limitations Act, 2002, a proceeding must be commenced within two years from the date the claim is discovered, subject to the ultimate 15-year period.

Simplified procedure threshold

Rule 76 applies to civil actions where the claim is $200,000 or less, exclusive of interest and costs; it provides a streamlined process with a judge-alone trial.

Summary judgment test

Under Rule 20, the court grants summary judgment if there is no genuine issue requiring a trial; the court may weigh evidence and draw inferences (Hryniak v. Mauldin).

Offer to settle costs

Under Rule 49, a party who beats its own offer may receive partial indemnity costs to the offer date and substantial indemnity costs thereafter, plus enhanced interest.

Pleading material facts

Rule 25.06 requires a pleading to contain a concise statement of the material facts relied on, not the evidence by which those facts are to be proved.

Ontario land transfer tax

A graduated tax payable on the purchase price of real property; rates range from 0.5% on the first $55,000 to 2.5% on the amount exceeding $2,000,000.

Planning Act severance

Section 50 requires consent of the committee of adjustment or a plan of subdivision before a conveyance creates a new lot; contravening conveyances are void.

Title insurance coverage

Protects against title defects, fraud, and certain survey issues; it excludes matters known to the insured at purchase and matters created by the insured.

Matrimonial home possession right

Under FLA s.18, both spouses have an equal right to possession of the matrimonial home, regardless of title; disposition requires consent or a court order.

Corporate fiduciary duty

CBCA s.122(1)(a) requires directors and officers to act honestly and in good faith with a view to the best interests of the corporation.

Oppression remedy

CBCA s.241 and OBCA s.248 allow a complainant to seek a remedy where corporate affairs are conducted in a manner that is oppressive or unfairly prejudicial.

Dissenting shareholder appraisal

CBCA s.190 permits a dissenting shareholder to be paid fair value for shares on fundamental changes such as amalgamation or sale of substantially all assets.

PPSA attachment requirements

A security interest attaches when value is given, the debtor has rights in the collateral, and the debtor has signed a security agreement describing the collateral.

Director wage liability

Directors are jointly and severally liable for up to six months' unpaid wages under the Canada Labour Code and for unremitted source deductions.

Will execution formalities

SLRA s.4 requires a will to be in writing, signed by the testator at the end, and signed by two witnesses present at the same time.

Dependants' relief claim

SLRA Part V allows a dependent spouse, common-law partner, child, or parent to apply for support from the estate if the will or intestacy fails to provide adequately.

Resulting trust presumption

A gratuitous transfer raises a presumption of resulting trust; the transferee bears the onus of proving the transfer was intended as a gift (Pecore v. Pecore).

Estate administration tax

Ontario charges approximately $5 per $1,000 on the first $50,000 of estate value and $15 per $1,000 on the excess; an Estate Information Return is required.

Intestate preferential share

Under SLRA s.72, a spouse receives a preferential share of $350,000 from an intestate estate, with the residue divided under the statutory formula.

Divorce grounds

Divorce Act s.8 permits divorce on breakdown of marriage (one-year separation, adultery, or cruelty) or on the ground that the marriage is void or voidable.

Equalization of net family property

FLA Part I entitles the spouse with the lower net family property to half the difference between the spouses' net family property values on separation.

Child support table amount

The Federal Child Support Guidelines set a presumptive monthly amount based on the payor's gross annual income and the number of children.

Common-law spousal support

Under FLA s.29, a common-law spouse may claim support after three years of continuous cohabitation or after having a child and cohabiting with some permanence.

Bankruptcy petition threshold

BIA s.43 permits a creditor to petition for bankruptcy where the debtor owes at least $1,000 and committed an act of bankruptcy within the prior six months.

Preference period

BIA s.96 voids preferences given to arm's-length creditors within three months before bankruptcy, or one year for non-arm's-length creditors.

Student loan discharge rule

BIA s.178 bars discharge of student loans unless the debtor ceased to be a student at least seven years before bankruptcy, absent court relief for hardship.

Consumer proposal limit

A consumer proposal under the BIA is available for debts up to $250,000, excluding a principal residence mortgage, and requires creditor approval.

ESA termination notice

ESA s.54 requires written notice or pay in lieu based on service: 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.

Bardal factors

Common law reasonable notice considers age, length of service, character of employment, and availability of similar employment, balanced against the employer's interests.

Constructive dismissal

A unilateral fundamental change to an essential term of employment (e.g., demotion, significant pay cut) that entitles the employee to treat the contract as breached.

Vavilov standard of review

The presumptive standard for judicial review is reasonableness; correctness applies to constitutional questions, central questions of law, and jurisdictional boundaries.

Procedural fairness content

The duty of fairness varies with the decision's nature, the statutory scheme, and the impact on the individual, as set out in Baker v. Canada.