Guide to the Barrister and Solicitor Licensing Examinations by yre19594

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                                                                                                                   LAWYER LICENSING PROCESS

                       Guide to the Barrister and Solicitor Licensing Examinations
                                                                                                                           Revised: January 2009

The purpose of this Guide is to provide you with important information about the Law Society of Upper Canada’s
Licensing Examinations. It is strongly recommended that you read this Guide thoroughly in preparation for writing the
examinations. Please note that while every attempt has been made to provide up-to-date information, the Law Society may
change or revise policies and procedures that affect the Licensing Examinations. Check the Licensing Process website
regularly for the most current information about the Licensing Examinations.

                                           Objective of the Licensing Examinations

Licensure is the official recognition by the Law Society of Upper Canada that a candidate has met all the qualifications
specified by the Law Society and is, therefore, approved to practice as a lawyer in Ontario. The Licensing Examinations
are one component of the Licensing Process and will be used in making the decision to license an entry-level lawyer.
Upon successful completion of the Barrister Examination, the Solicitor Examination and an Articling term of 10 months,
including completion of an online Professional Responsibility and Practice course, a candidate may become licensed to
practice law in Ontario.
There are two licensing examinations: a self-study Solicitor Examination and a self-study Barrister Examination.
Candidates are required to pass both examinations. The Licensing Examinations are based on validated entry-level
competencies, which have been defined by the legal profession through a rigorous development and validation process. A
competency is defined as the knowledge, skill, ability, attitude or judgment required for entry-level practice. The
competencies tested are those that
a) have the most direct impact on public protection;
b) influence effective and ethical practice; and
c) can be measured reliably and validly by the assessment question format used by the examinations.

The Barrister Examination will assess competence in the following categories:
•   ethics and professional responsibility;
•   knowledge of the law, specifically in civil litigation, criminal procedure, family law, and public law;
•   establishing and maintaining the barrister-client relationship;
•   issue identification, analysis and assessment;
•   alternative dispute resolution, and
•   the litigation process.

The Solicitor Examination will assess competence in the following categories:
•   ethical and professional responsibility;
•   knowledge of the law, specifically in business law, real estate law and wills, trusts and estate administration;
•   establishing and maintaining the solicitor-client relationship;
•   issue identification, analysis and assessment, and
•   fulfilling the retainer.

For a complete accounting of the Barrister and Solicitor competencies that may be tested in the Licensing Examinations,
refer to the Licensing Process website at http://rc.lsuc.on.ca/jsp/licensingprocesslawyer/index.jsp.



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                                             Examination Development

Practitioners representing all relevant practice areas develop examination questions under the guidance of
psychometricians with expertise in test validation and development. All examination questions undergo a rigorous review
and validation process. A Barrister Advisory Group and a Solicitor Advisory Group, comprised of exemplary practitioners
from a cross-section of practice areas and firm sizes in Ontario, set the examinations according to the Blueprint
parameters, which are based on defined competencies. The Advisory Groups then formally approve and set the standard
and passing mark for the Licensing Examinations.
The passing mark represents the expected performance of entry-level lawyers. The examinations are marked on a pass/fail
basis. Scores equal to or higher than the established pass mark will receive a “pass” result. Scores lower than the pass
mark will receive a “fail” result.

                                    Structure of the Licensing Examinations

Each Licensing Examination is comprised of approximately 240 multiple-choice questions and is divided into two
sessions: Part 1 (morning) and Part 2 (afternoon). Each session is 3.5 hours. The Lead Proctor will keep the official time
and will tell candidates when to start and stop work on each separately timed session. Candidates must not open the exam
or begin work before instructed to do so by the Lead Proctor. At the end of the exam, you must immediately put pencils
down when instructed to do so.
If you arrive late or require restroom breaks during the course of the examination, you will not receive additional time to
complete the examination.
The Licensing Examination questions will assess the following levels of cognitive ability:
     Knowledge/comprehension: the ability to recall facts, policies, procedures, standards (e.g., citing the appropriate
     Rule in the Rules of Professional Conduct).
     Application: the ability to apply knowledge/comprehension in a straightforward applied situation (e.g. recognizing
     the appropriate procedure to employ when faced with a routine situation).
     Critical thinking: the ability to apply knowledge/comprehension in complex applied situations. Requires analytical
     problem solving in addition to knowledge/comprehension and application (e.g., selecting and prioritizing appropriate
     courses of action when faced with complex situations; recognizing the relative importance of conflicting pieces of
     information and arriving at a conclusion requiring sound judgment).
There are two types of examination questions: independent multiple-choice and case-based multiple-choice questions.
Independent multiple-choice questions are independent of each other.
Case-based multiple-choice questions are preceded by a case scenario. Case-based questions (3 to 6 for each case
scenario) are independent of each other. For example, arriving at the correct answer to question 2 in a series of case-based
questions, is not dependent on answering question 1 correctly. Each question is derived directly from the case scenario.
There are no “all of the above” or “none of the above” answers in the Licensing Examinations. Each examination question
has one best answer.
The Barrister and Solicitor Licensing Examinations are open book and candidates may bring Reference Materials,
Statutes and other notes on paper to assist in answering the questions.
Please note that all materials brought into the Testing Area must remain in the Testing Area at the completion of
the examination. Candidates are not permitted to remove any materials from the Testing Area at any time. There
are no exceptions to this rule.
It is strongly recommended that you bring a copy of your study notes and Reference Materials and not your
original mark-ups.




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                                             Examination Information

The Law Society will provide you with specific information about the Licensing Examinations prior to the examination
date. The Examination Confirmation Letter, which contains specific details concerning examination dates, will be mailed
and/or e-mailed to candidates three weeks prior to the examination date.
Please consult the Licensing Process website at http://rc.lsuc.on.ca/jsp/licensingprocesslawyer/examsManual.jsp to access
the Licensing Examination Instruction Manual.
Please consult the Licensing Process website at http://rc.lsuc.on.ca/jsp/licensingprocesslawyer/examsRules.jsp to access
the Licensing Examination Rules and Protocol.
Please consult the Licensing Process website at http://rc.lsuc.on.ca/jsp/licensingprocesslawyer/index.jsp for a schedule of
the examination dates and locations.

                                       Notification of Examination Results
The Office of the Registrar will email and/or mail your examination results to you within 6 to 8 weeks after you have
written the examination. Please ensure that the Office of the Registrar has your most current mailing address for the
receipt of your Licensing Process Transcript. (http://rc.lsuc.on.ca/jsp/licensingprocesslawyer/yourAccount.jsp)

                        Confidentiality and Security of the Licensing Examinations
The Law Society of Upper Canada requires strict confidentiality and security for its examination material. Security
procedures and protocols have been implemented to ensure that the integrity of the Examination and the Licensing
Examination Material is always maintained.
Stringent security measures have been put in place to eliminate unfair advantage among candidates and avoid the high
cost of replacing examination materials in the event of a security breach. These measures were created to protect all
phases of the Licensing Examination Material from its development and execution to its presentation on the Licensing
Examination day, including but not limited to development, review, translation, printing, transportation as well as disposal
of the Licensing Examination Material.
All Licensing Examination Material is the property of the Law Society of Upper Canada and is protected by copyright.
The Law Society will be monitoring and observing all candidates during the course of the examination and will document
any examination misconduct.

                        Licensing Assessment and Examination Rules and Protocol
                                      and Licensing Process Policies
Candidates who are admitted to the Licensing Examination Testing Area must abide by the Licensing Assessment and
Examination Rules and Protocol (“Rules and Protocol”). Any breach of the Rules and Protocol may result in any of the
following:
i. If a candidate fails to arrive at the Licensing Examination Site at the required time and/or fails to produce a Society
     identification card or acceptable form of identification, the candidate will be required to write the Licensing
     Examination at the next available Sitting of the Licensing Examination.
ii. If prohibited items are found in the possession of a candidate, such items will be confiscated and the results of the
     candidate’s Licensing Examination will be declared null and void.
iii. If a candidate’s behaviour is inappropriate and a Proctor or a staff member of the Society is required to escort the
     candidate from the Licensing Examination Testing Area, the results of the candidate’s Licensing Examination will be
     declared null and void.
A violation of the Rules and Protocol may lead to
i. the preparation of a written report on the conduct of the candidate which will be provided to the Professional
    Regulation Department for investigation;

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ii. the initiation of legal proceedings by the Society against the candidate for damages; or
iii. the Society pursuing any other legal remedies available.

                                         Preparing for the Examinations

Self-Study Reference Materials
The Law Society will provide you with the Barrister Reference Materials and the Solicitor Reference Materials to assist
you in your preparation to write the Licensing Examinations.
The competencies tested in the Licensing Examinations are outlined and discussed in the Reference Materials and Statutes
provided. It is essential that you read these materials carefully in preparation for writing the Licensing Examinations.

Managing the Examinations
Performing well on the examinations requires a solid understanding of the Barrister and Solicitor Reference Materials, a
positive attitude and sufficient advanced planning and organization. It takes time to adequately prepare for an
examination. There are no shortcuts. While study tips and examination writing tips can help you prepare, there is no
replacement for taking the time to build a solid base of knowledge.
You will decide the best way to prepare to write the Licensing Examinations. Here are some approaches to consider:

    A. Scheduling your study time
Develop a systematic approach to studying each topic. This can be accomplished by effectively organizing your study
time.
•   Begin studying early. Literature suggests that studying in short manageable increments spaced out over time is more
    beneficial than cramming all the material into closely spaced lengthy study sessions.
•   Maintain a regular study schedule. Set aside a specific time of day in which to study and stick to that time as you
    would any other appointment. It is best to study when you are wide-awake and alert rather than studying late at night
    when you are tired and likely to have poor retention.
•   Set specific goals during your study time, e.g., the number of chapters/statutes you would like to review.
•   Take breaks between study sessions and expect to review more difficult materials in shorter time frames. For
    example after 45–60 minutes of studying, take a 5-minute break. After three consecutive study cycles, take a longer
    break (e.g., 15–30 minutes). When dealing with more complicated materials, take more frequent breaks.
•   Start each study session by reviewing the materials you studied previously. Reviewing previously learned materials
    without a long time delay will help you keep knowledge fresh in your mind. If you wait too long to review the
    material, you will waste time relearning what you have already learned.
•   Use the weeks preceding the examination to review, integrate and reinforce the materials you have learned.

    B. Effective reading and note-taking
Careful, active and systematic reading can assist you to retain your knowledge. Most literature on the subject suggests that
it is best to read through each chapter of your material at least three times:
•   The first time, read the chapter in order to develop a general understanding and overview of the content. This will
    allow you to have an increased understanding of the materials before focusing on the details. At this stage, try to
    avoid highlighting your materials and taking notes as you are likely to highlight or write down too much information
    without having a proper review of the major concepts.
•   The purpose of the second review is to draw out important concepts. It is during this second review that it is best to
    take notes or highlight main points in the chapter. Before highlighting or making notes, ensure to finish reading the
    paragraph, section or page so that you will give some thought to what you are highlighting.




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     Consider using the Cornell system of taking notes:
     Draw a vertical line down a piece of paper, 2.5 inches from the left hand column. On the right hand side of the page,
     actively summarize or paraphrase the relevant information you have just reviewed. On the left hand side of the page
     write key words or phrases that are cues to the information on the right side of the page. Then try to retrieve your
     knowledge of the topics by covering your notes in the right hand column and determining whether you can recall
     concepts by reviewing the key words in the left hand column. Then review your notes to ensure you have retrieved
     all the important information related to a topic. Testing yourself in this way will encourage active learning and
     retrieval, skills you will be using in the examination.
•    The third read of a chapter is for review purposes. Reviewing materials on a regular basis will better ensure the
     information will be retained in long-term memory.

     C. Organizing your materials for open book examinations
There is a common misconception that open book examinations require less study and preparation time then closed book
examinations. However, since open book examinations require candidates to analyze information and apply it to new
situations, candidates must fully understand the materials and be very familiar with the content. Candidates who are not
familiar with the materials will waste valuable time searching through documents and will not devote the time required to
think about and adequately answer examination questions. It is especially important in open book examinations to
organize your materials so that you are able to quickly access relevant information. Prior to the examination, ensure you
spend time making your reference materials as “user friendly” as possible. Some suggestions include:
•    create a tabbing or colour coding system to delineate certain subject areas and key topics;
•    create short manageable summaries on selected topics;
•    create index cards or a table of contents to list key topics and corresponding pages in your materials and notes; and
•    create a list of relevant formulas or calculations for easy access.

     D. Reviewing sample examination questions
These sample questions for both the Barrister and Solicitor examinations will give you an indication of the style of
questions that will be asked, the level of thinking required (recognition, application, analysis) and the degree of difference
between incorrect and correct answers. Answers to the questions are provided at the end of each of the Barrister and
Solicitor question sections.



BARRISTER QUESTIONS

                                                Independent Questions


1.      Bernard Styles and Frederick Fashion were recently called to the Bar in Ontario. They decide to go into practice
        together as partners and to open with two offices. One of the offices shares space with Coopers Price, an
        accounting firm. Which one of the following names is permitted under the Rules?

        (a)     Bernard Styles & Partners
        (b)     Styles and Fashion, Top Tier Lawyers
        (c)     Styles Lawyers, Barristers and Solicitors
        (d)     Styles, Coopers, Price and Fashion




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2.   Jason and Judith plan to marry in three months time. Both Jason and Judith are 30 years of age and neither has
     been previously married. Jason is Catholic and Judith is Jewish. Judith owns a home left to her by her parents.
     Judith wants to protect her home and not share any of the value with Jason. The parties also have agreed any
     children they have can be raised in the Jewish faith. Jason is content to leave the home in the event that they
     separate but he wants Judith to release spousal support in return.

     In addition to Judith’s right to exclude the value of the house at the date of separation, what issues can be dealt
     with in their marriage contract?

     (a)     Jason’s release of a right to ownership in the house; the care and upbringing of the children; and release
             of spousal support.
     (b)     Jason’s release of a right to possession of the house; the care and upbringing of the children; and release
             of spousal support.
     (c)     Jason’s release of a right to ownership in the house; Jason’s release of a right to possession of the house;
             and the care and upbringing of the children.
     (d)     Jason’s release of a right to ownership in the house; custody of the children; and release of spousal
             support.


3.   Derek and Dale are common law spouses who jointly own a home. They separate and Derek leaves the home.
     One month after separation Derek wants to have the home sold, but Dale resists. What is the best option available
     to Derek to effect the sale?

     (a)     Bring an application for partition and sale under the Partition Act.
     (b)     Bring a motion for exclusive possession of the home and then list the home.
     (c)     List the home regardless of whether he has Dale’s consent.
     (d)     Apply under the Family Law Act for a vesting order, vesting ownership of the property into Derek’s name
             and sell it.


4.   Which of the following statements best describes “joint custody”?

     (a)     The children reside in both homes one-half of the time.
     (b)     The children reside with either or both parents, and both parents make major decisions relating to the
             children.
     (c)     The children reside with either or both parents and both parents make minor decisions relating to the
             children.
     (d)     The children reside with both parents and one parent makes major decisions relating to the children.


5.   What are the criteria a person must meet to have standing to bring an application for judicial review to challenge a
     government action?

     (a)     There must be a serious justiciable issue, the person has filed security for costs, and there is no other
             reasonable and effective way to bring the matter to Court.
     (b)     There must be a serious justiciable issue, the person must have a direct or genuine interest, and the person
             belongs to a special interest group devoted to the issue.
     (c)     There must be a serious justiciable issue, the person must have a direct or genuine interest, and there is no
             other reasonable and effective way to bring the matter to Court.
     (d)     There is a novel legal issue involved, the person must have a direct or genuine interest, and there is no
             other reasonable and effective way to bring the matter to Court.



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6.    The federal government has passed a law to subsidize daycare costs for children of aboriginal parents. The
      applicant, a non-aboriginal woman with an adopted aboriginal child, applied for daycare assistance under this
      program. Her application was rejected on the ground that the program is specifically restricted to providing
      assistance to children of aboriginal parents and not adoptive non-aboriginal parents. The act specifically precludes
      a right of appeal. What action, if any, can the applicant take to challenge her rejection?

      (a)     None. The applicant is not aboriginal and does not have standing to bring this challenge.
      (b)     Seek redress based on section 15(1) of the Canadian Charter of Rights and Freedoms.
      (c)     None. The act itself specifically precludes a right of appeal.
      (d)     Seek redress under the Ontario Human Rights Code.


7.    Craig is convicted of Transportation Fraud and Assault. On the Assault count, the Crown has elected to proceed
      by indictment. The trial took place in the Ontario Court of Justice. On both counts, sentence is suspended and a
      term of 18 months probation is imposed. Craig wishes to appeal both convictions and sentence. What is the
      appropriate forum?

      (a)     Ontario Court of Appeal, with leave.
      (b)     Ontario Court of Appeal in respect of the Assault, and Superior Court of Justice in respect of the Fraud.
      (c)     Superior Court of Justice, with leave.
      (d)     Ontario Court of Justice, with leave.


8.    John, Jim, and Mark are jointly charged with robbery. At their trial before judge and jury, the Crown Attorney
      calls five witnesses. John testifies and his lawyer calls no other witnesses. Jim’s lawyer calls a witness, but Jim
      does not testify. Mark’s lawyer calls no witnesses and Mark does not testify. Which lawyer addresses the jury
      last?

      (a)     John’s.
      (b)     Jim’s.
      (c)     Mark’s.
      (d)     The Crown Attorney.


9.    When does an Affidavit of Documents have to be served?

      (a)     20 days after delivery of the Statement of Defence.
      (b)     20 days after pleadings have been closed.
      (c)     10 days after delivery of the Statement of Defence.
      (d)     10 days after pleadings have been closed.


10.   In which part of the trial should counsel for the plaintiff first present the plaintiff’s theory of the case?

      (a)     After the plaintiff has completed presenting its evidence in chief.
      (b)     In the closing argument.
      (c)     In the opening statement.
      (d)     Through cross-examination of the opposing party’s witnesses.


                                           End of Independent Questions



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                                               Case-Based Questions

                                                         Case 1

Three days ago, Mrs. Rogers, 75 years old, was walking along the street on a snowy winter day. She approached a portion
of uneven pavement on the sidewalk. Mrs. Rogers was looking straight ahead, concentrating on keeping her balance,
when she tripped on the pavement and fell. She suffered a compound fracture of her lower left leg, a broken hip and nose,
and severe bruising.

                                        Questions 11 to 14 refer to Case 1


11.     Mrs. Rogers calls Graham, an experienced personal injury lawyer who does pro bono work at the legal aid clinic
        in her neighbourhood. Mrs. Rogers would like to set up an appointment to determine her rights. What should
        Graham obtain at their first meeting?

        (a)     All relevant facts related to the accident.
        (b)     An expert medical report.
        (c)     Dates Mrs. Rogers could be available for discoveries.
        (d)     The reports from Mrs. Roger’s family physician.

12.     Graham conducts investigations of the properties on which the sidewalk is located and determines there are
        multiple owners and tenants. There is, therefore, an issue regarding care and control of the sidewalk. What
        instructions could Graham obtain to determine the care and control issue expeditiously?

        (a)     To issue a Statement of Claim against the most wealthy owner of the properties.
        (b)     To bring an application against the owners and tenants of the property to determine care and control of the
                sidewalk.
        (c)     To write a letter to the owners and tenants asking them to confirm who has care and control of the
                sidewalk.
        (d)     To retain an expert to provide an opinion with respect to who has care and control of the sidewalk.

13.     Graham delivers a Statement of Claim, suing the municipality as owner of the property. After receiving the
        municipality’s Statement of Defence, Graham advises Mrs. Rogers she must now swear an Affidavit of
        Documents. What should Graham advise Mrs. Rogers about her documentary discovery obligations?

        (a)     She can wait and see what the municipality produces.
        (b)     She must produce all documents relevant to the issues in dispute between the parties whether privileged
                or not.
        (c)     She must produce all documents she believes touch on the matters in dispute.
        (d)     She must disclose all relevant documents whether privileged or not.




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14.         During preparation for trial, Mrs. Rogers tells Graham she was diagnosed with osteoporosis five years ago, which
            makes her bones very brittle and easy to fracture. Graham advises Mrs. Rogers this prior medical diagnosis is
            likely to be the subject of cross-examination. Mrs. Rogers responds by telling Graham that she will refuse to
            answer any questions about this issue. Graham advises Mrs. Rogers, if she intends to lie about the diagnosis, he
            cannot allow her to testify. Mrs. Rogers assures Graham she will not lie; however, Graham remains concerned.
            What should Graham do?

            (a)     Bring a motion to be removed as solicitor of record.
            (b)     Read in Mrs. Roger’s evidence given during her examination for discovery.
            (c)     Refuse to put Mrs. Rogers on the stand and rely solely on the testimony of Mrs. Rogers’ expert witness.
            (d)     Put Mrs. Rogers on the stand as she has stated she will not lie.


                                                        End of Case 1

Answers to Barrister Questions:

1.    (c)
2.    (a)
3.    (a)
4.    (b)
5.    (c)
6.    (b)
7.    (a)
8.    (d)
9.    (d)
10. (c)
11. (a)
12. (b)
13. (d)
14. (d)




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SOLICITOR QUESTIONS

                                             Independent Questions


1.    Erin retains Peter, a lawyer, to assist in the administration of a significant estate. Upon reviewing the list of
      beneficiaries of the estate, Peter is concerned a potential conflict may arise. Which of the following relationships
      is a potential conflict?

      (a)     One beneficiary is Peter’s neighbour.
      (b)     Peter had prepared a prior Will for the deceased with different beneficiaries.
      (c)     Peter’s firm previously represented a beneficiary in a contractual dispute.
      (d)     One beneficiary is the Defendant in financial difficulty in an action where Peter’s partner is acting for the
              Plaintiff.


2.    A Will provides as follows: “I direct my trustee to hold the residue of my estate in trust and to pay such of the
      income and/or capital therefrom as my trustee in his absolute discretion considers advisable to or for the benefit of
      my son, Trevor, during his lifetime, and upon his death to pay the balance then remaining to the Heart and Stroke
      Foundation.” What rule or statute may apply in the context of this clause?

      (a)     Rule in Saunders v. Vautier.
      (b)     Succession Law Reform Act.
      (c)     Accumulations Act.
      (d)     Children’s Law Reform Act.


3.    Vincent died recently. The three beneficiaries under his Will are his minor daughter, his disabled son, and his 35-
      year-old brother. At the time of his death, Vincent had a number of speculative investments that are of concern to
      his estate trustee. Which of the following statements regarding the estate trustee’s investment authority is true?

      (a)     Estate trustees always have unfettered discretion to invest in whatever manner they see fit.
      (b)     Under the Trustee Act, an estate trustee may only invest in Canadian investments.
      (c)     Under the Trustee Act, an estate trustee may only invest in qualified stocks, bonds, guaranteed income
              certificates and term deposits.
      (d)     The estate trustee must always look first to any investment provisions of the Will.


4.    Hudson, a lawyer, receives an e-mail inquiry from a client. The client asks how a lengthy Supreme Court of
      Canada decision rendered that morning will affect his ongoing lawsuit on a similar issue. The client indicates he is
      meeting his financial advisor within the hour, and requires Hudson’s response before then. How should Hudson
      respond?

      (a)     Retrieve the case and provide the best opinion he can within the designated timeframe.
      (b)     Ask a junior lawyer with more familiarity in the subject area to provide a response to the client.
      (c)     Ask the client to postpone the meeting.
      (d)     Advise the client in writing that a proper opinion cannot be rendered within the designated timeframe.




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5.   Ira, is a real estate lawyer acting for the purchaser and mortgage lender. After receiving the Agreement of
     Purchase and Sale, he is advised by the purchaser there is an addendum reducing the price. The purchaser has not
     given the addendum to Ira or the mortgage lender. What must Ira do?

     (a)     Request a copy of the addendum so the correct purchase price can be ascertained.
     (b)     Advise the purchaser to send a copy of the addendum to the mortgage lender.
     (c)     Ensure the purchaser provides written instructions to him regarding the addendum.
     (d)     Request the purchaser provide him with a copy of the addendum and advise he will provide it to the
             mortgage lender.


6.   A lawyer conducts a search of title for the purchase of real property and finds there is a private mortgage
     registered on title. What should the lawyer requisition?

     (a)     An undertaking from the vendor’s lawyer to obtain and register a discharge of the private mortgage after
             closing.
     (b)     An undertaking from the mortgagee to register a discharge of the private mortgage after closing.
     (c)     Registration of a discharge of the private mortgage on or before closing.
     (d)     A letter from the mortgagee confirming that the mortgage has been paid in full.


7.   Carol is an associate in a law firm. Tracy, a partner in the firm, asks Carol to draft an asset sale agreement for a
     longstanding client. Tracy’s only communication with the client regarding the sale is an e-mail from the client
     stating, “I want to sell this asset. Keep the deal as simple as possible and make sure it closes two days from now.”
     Tracy tells Carol that the information she needs to draft the agreement is in the law firm’s client file. Tracy
     provides Carol with a precedent agreement. The client is out of town and cannot be reached by e-mail, fax or
     telephone. What should Carol do?

     (a)     Proceed to draft the agreement and review it with the client before closing.
     (b)     Proceed to draft the agreement and send it to the purchaser for review prior to closing.
     (c)     Proceed based on the material in the client file and the firm’s precedent bank provided that Tracy attends
             the closing.
     (d)     Proceed to draft the agreement and attend the closing herself.


8.   Small Business Inc. wishes to raise capital. To whom can Small Business Inc. issue its shares, and be within the
     exemptions from the registration and prospectus requirements?

     (a)     Current or former directors or current officers of Small Business Inc.
     (b)     The general public and some directors and officers of Small Business Inc.
     (c)     Current and former consultants.
     (d)     Individuals with pre-tax realizable assets over $1 million.




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9.    Shawna appears in the law firm’s reception area and tells the receptionist she wants to speak with a lawyer. The
      receptionist asks Darren, a junior associate, to meet with Shawna. During the conversation, Darren learns Shawna
      owns 5% of the outstanding shares of the family business. Her father is the majority shareholder of the
      corporation and her husband is the president. Shawna talks to Darren about her marital difficulties and suspects
      her husband intends to leave her. Shawna instructs Darren to prepare a letter terminating her husband’s
      employment in the family business. What should Darren do?

      (a)     Advise Shawna only the board of directors can terminate her husband.
      (b)     Write to the board of directors seeking authority to write the letter.
      (c)     Prepare the letter if Shawna’s father instructs him to do so.
      (d)     Advise Shawna she cannot instruct him on behalf of the company because she has a conflict of interest.


10.   A contractor encounters serious financial difficulty. He has assets of $200,000 and outstanding debts in excess of
      $400,000, including a debt to his brother-in-law of $50,000, borrowed to buy a tractor. The contractor realizes he
      will soon have to declare bankruptcy. Prior to declaring bankruptcy, he transfers the tractor, valued at $50,000, to
      his brother-in-law in satisfaction of the debt. The contractor also ensures the wages and vacation pay of all his
      workers are paid up-to-date in cash. The following week he declares bankruptcy.

      Which of the following statements accurately describes the contractor’s conduct pursuant to the Assignments and
      Preferences Act?
      (a)     Both the payment to the workers and the transfer to the brother-in-law are unjust preferences.
      (b)     The payment to the workers is an unjust preference, but the transfer to the brother-in-law is not.
      (c)     The transfer to the brother-in-law is an unjust preference, but the payment to the workers is not.
      (d)     Neither the payment to the workers nor the transfer to the brother-in-law is an unjust preference.


                                         End of Independent Questions




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                                                Case-Based Questions

                                                          Case 1

Ken, a real estate lawyer, is contacted by Dmitry who is purchasing a renovated home for his family, and his brother’s
family, for use as a duplex. An initial meeting is scheduled and Dmitry arrives with his spouse, Svetlana, and his brother,
Boris, all of whom will be taking title. Ken prepares a retainer agreement for signature. Ken will also be acting on behalf
of the first mortgagee, a bank.
Boris informs Ken that they did not obtain sufficient conventional mortgage from the bank, and their friend Elena is going
to provide $75,000 for the purchase secured by a second mortgage. Following the retainer, Ken reviews the Agreement of
Purchase and Sale, and notices that the present use is described as a single-family dwelling. The vendor warrants in the
agreement to provide all necessary documentation confirming the use of the property as a legal duplex prior to closing.
One day before closing, the vendor’s lawyer advises he does not have the documentation confirming the legality of the
use of the dwelling as a duplex. He offers to provide a seven-day extension in order for Ken to obtain the required
documentation. The purchasers instruct Ken that they want the property.

                                        Questions 11 to 14 refer to Case 1


11.     Dmitry calls Ken to advise him title will only be in his name. Who must Ken contact before acting on Dmitry’s
        instructions?

        (a)     Boris only.
        (b)     Boris and Elena only.
        (c)     Svetlana and Boris only.
        (d)     Svetlana, Boris and the bank.


12.     Dmitry calls Ken and asks him to act for his friend Elena in regard to the second mortgage. Can Ken act for
        Elena?

        (a)     Yes, if all parties consent.
        (b)     No, because she is a private lender.
        (c)     Yes, because there is no conflict of interest.
        (d)     No, because it is a private lender and the mortgage is over $50,000.


13.     What is satisfactory evidence that proper documentation of the legal use of the property was obtained?

        (a)     Confirmation from the appropriate municipal authority.
        (b)     Certification of the Transfer/Deed of Land by the Land Registrar.
        (c)     Declaration from the vendor’s solicitor that the use is legal.
        (d)     Title insurance confirmation.




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14.         If Ken proceeds to make an Application to legalize the use of the property as a duplex, does he need to change the
            retainer?

            (a)     No, because the vendor is in breach of the Agreement of Purchase and Sale and remedial action is
                    required.
            (b)     No, because documentation for the legal use was referred to in the Agreement of Purchase and Sale.
            (c)     Yes, because the Application requires the vendor’s consent.
            (d)     Yes, because the original retainer was for the purchase of the property.


                                                        End of Case 1

Answers to Solicitor Questions:

1.    (d)
2.    (c)
3.    (d)
4.    (d)
5.    (d)
6.    (c)
7.    (a)
8.    (a)
9.    (a)
10. (c)
11. (d)
12. (d)
13. (a)
14. (d)




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    E.   Controlling examination anxiety
Part of controlling anxiety involves being prepared for what lies ahead. Here are some tips for controlling examination-
related anxiety:
Prior to the examination, be emotionally, physically and intellectually prepared.
•   Know your material thoroughly and organize the materials you will need for the examination to eliminate
    unnecessary flipping and page turning.
•   Maintain a healthy lifestyle. Proper rest and good nutrition are essential to maintain concentration. Ensure you get
    enough sleep, good nutrition (stimulants such as caffeine, sugar, cigarettes, drugs and alcohol can significantly
    increase stress levels), exercise, personal “down time” and social interaction. Think positively.
On the day of the examination
•   Allow yourself plenty of time and arrive at the examination room early so that you have adequate time to register,
    clear the security check, find your assigned seat and organize your materials prior to the start of the examination. Try
    to achieve a relaxed state of concentration prior to receiving the examination booklet. Dress comfortably.
•   Avoid speaking to other candidates prior to the examination. Anxiety can be infectious and it is best to avoid
    speaking to candidates who are unprepared or who are expressing negativity. Concentrate on staying relaxed and
    confident prior to the examination.
During the examination
It is reasonable to expect that you will feel some anxiety during the examination. If you start to feel overwhelmed,
consider taking these steps:
•   Take slow deep breaths to relax. The calmer you are during the examination, the better you will be able to
    concentrate. An example of a simple relaxation technique is to take a very deep breath; take a sudden quick extra
    breath through your mouth; and then let your breath out slowly. Repeat these steps several times.
•   Do not focus on the anxiety; focus on your next task.
•   Do not expect to know everything. It is unlikely that any candidate will answer all questions correctly. If you come
    across a question you did not anticipate, use everything you know about the content of the materials and your
    reasoning ability to analyze the question and identify the most logical answer.
•   Try to maintain a positive attitude and don’t “psyche yourself out” by thinking about the implications of the
    examination. Focus on the task at hand and remember you are doing your best.

    F.   Maximizing your performance when writing the multiple choice licensing examinations
•   Read the examination before answering any questions. Ensure your examination booklet contains no missing or
    duplicated pages.
•   Carefully read all instructions.
•   Plan your time and pace yourself. Assess how many questions and sections the examination contains and allocate
    your time accordingly. Problems arise when candidates forget to check the clock or spend too much time on several
    difficult questions. To avoid this, try to estimate what pace you should maintain throughout the examination and set
    progress times or finishing times for each section on the examination booklet. Ensure that you build in some time at
    the end of the examination to review your answers.
•   Read each question and all options carefully since multiple choice examinations test your ability to read carefully as
    much as they test your ability to recall, analyze and apply information.
•   Circle or underline key words and pay attention to relationships between the parties, dates or financial information as
    these usually signify important issues.
•   Be careful not to make assumptions that are not supported by the facts.
•   The two most popular techniques for answering multiple-choice questions include the answer search method and the
    elimination method:
    – The answer search method involves reading the question and trying to answer it without consulting the four
          options listed after the question. Choose the option that most closely matches your answer.

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    –    The elimination method involves reading each option then immediately eliminating the options that are
         incorrect. Read the stem of the question along with each of the remaining options, and then choose the option
         that is most true.
•   If you do not know the answer to a question, mark that question and move on to the next question. Finish the
    questions you are able to easily answer and then return to the more difficult questions. Sometimes a previous
    question will spark your memory about the answer to another question.
•   Answer all questions. If you do not know the answer to a question, make an informed guess. There is no penalty for
    incorrect answers.
•   Use any extra time to review your examination and ensure you answered all questions.
•   Complete and check your answer sheet carefully to ensure you have not marked your answers incorrectly.




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