Free NCA Civil Procedure Examination Practice Questions

Sample Practice Questions

Try these 10 sample questions from the NCA Civil Procedure Examination practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1A tenant has an enforceable repair claim but has not consulted a lawyer or filed a case. What makes the problem justiciable?

   1. A.It has a legal aspect and a potential legal solution.Correct answer: A
   2. B.It has already been accepted for a court hearing.
   3. C.It has been formally characterized by legal counsel.
   4. D.It has produced a final order capable of enforcement.

   Explanation: The report states: "An everyday legal problem is a problem arising out of the normal activities of people’s daily lives that has a legal aspect and has a potential legal solution." The legal character and potential remedy matter; recognition by counsel, filing and judgment are later events, not defining requirements.

   Reference: Everyday Legal Problems and the Cost of Justice in Canada: Overview Report — p. 5, National Legal Problems Survey

2. 2For an ordinary Ontario claim governed by section 4 of the Limitations Act, 2002, with no applicable exception or suspension, what is the basic limitation period?

   1. A.One year after discovery
   2. B.Two years after discoveryCorrect answer: B
   3. C.Six years after discovery
   4. D.Fifteen years after discovery

   Explanation: "after the second anniversary of the day on which the claim was discovered." Section 4 uses two years from discovery. Fifteen years is the separate ultimate-period concept, not the basic discovery period.

   Reference: Limitations Act, 2002 — s. 4

3. 3When applying Ontario's proportionality rule, which considerations govern the scale of procedural orders?

   1. A.The importance and complexity of issues and the amount involved.Correct answer: A
   2. B.The seniority of counsel and the number of lawyers retained.
   3. C.The plaintiff's preferred process and the defendant's ability to pay.
   4. D.The length of the court's list and the parties' media profile.

   Explanation: "proportionate to the importance and complexity of the issues, and to the amount involved" Procedural scale must fit the dispute's importance, complexity and amount. Counsel staffing, preferences and publicity do not replace these specified considerations.

   Reference: Rules of Civil Procedure — r. 1.04(1.1)

4. 4For a tort claim under Van Breda, what is the effect of a recognized presumptive connecting factor?

   1. A.It creates a rebuttable basis to assume jurisdiction.Correct answer: A
   2. B.It conclusively determines that Ontario is the best forum.
   3. C.It automatically establishes liability for the tort.
   4. D.It eliminates the need for valid service of process.

   Explanation: "presumptive connecting factors that, prima facie, entitle a court to assume jurisdiction over a dispute" The connection addresses jurisdiction at the threshold; it does not decide merits, comparative forum suitability or service compliance.

   Reference: Club Resorts Ltd. v. Van Breda — para. 90

5. 5An Ontario party holds a relevant email but claims privilege. How do disclosure and production differ under Rule 30.02?

   1. A.Privilege removes both the disclosure and production obligations.
   2. B.The email must be disclosed, while privilege may protect it from inspection.Correct answer: B
   3. C.The email must be produced before any privilege claim can be made.
   4. D.Disclosure is required only if the email supports the party's case.

   Explanation: Disclosure is required "whether or not privilege is claimed in respect of the document." Inspection is different: relevant documents "shall be produced for inspection if requested, as provided in rules 30.03 to 30.10, unless privilege is claimed in respect of the document." Thus privilege does not remove disclosure but may protect inspection; favourable content and prior production do not control disclosure.

   Reference: Rules of Civil Procedure — r. 30.02(1)

6. 6What must an Ontario notice of motion state about the order requested?

   1. A.The precise relief sought.Correct answer: A
   2. B.Only a general reservation of remedies.
   3. C.Only the moving party's proposed evidence.
   4. D.The responding party's preferred settlement.

   Explanation: "state the precise relief sought;" Notice identifies what order is requested. Evidence or settlement positions cannot substitute for the requested relief.

   Reference: Rules of Civil Procedure — r. 37.06(a)

7. 7What is the Ontario Rule 20.04(2)(a) threshold for summary judgment?

   1. A.The moving party has a slightly stronger pleading.
   2. B.The claim is too small to justify any oral evidence.
   3. C.There is no genuine issue requiring a trial.Correct answer: C
   4. D.The responding party refuses to negotiate a settlement.

   Explanation: "there is no genuine issue requiring a trial with respect to a claim or defence;" The threshold concerns whether trial is required to resolve the claim, not pleading strength, amount alone or willingness to settle.

   Reference: Rules of Civil Procedure — r. 20.04(2)(a)

8. 8In an Ontario domestic arbitration, a challenge is made to the existence of the arbitration agreement. What authority does section 17(1) give the arbitral tribunal?

   1. A.It may rule on its own jurisdiction and the agreement objection.Correct answer: A
   2. B.It may rule on procedure but cannot consider the agreement's existence.
   3. C.It must obtain a court ruling before considering any agreement objection.
   4. D.It must accept jurisdiction whenever the claimant asserts an agreement.

   Explanation: "An arbitral tribunal may rule on its own jurisdiction to conduct the arbitration" Section 17(1) includes objections to the existence or validity of the agreement. The power is not limited to procedural directions, dependent on a prior court ruling, or replaced by accepting a claimant's assertion.

   Reference: Arbitration Act, 1991 — s. 17(1)

9. 9Subject to applicable legislation and court rules, who determines by whom and to what extent Ontario litigation costs are paid?

   1. A.The successful party's billing lawyer alone.
   2. B.The court exercising its costs discretion.Correct answer: B
   3. C.The losing party's insurer alone.
   4. D.The registrar applying the amount claimed as a fixed percentage.

   Explanation: "the costs of and incidental to a proceeding or a step in a proceeding are in the discretion of the court" A costs award is a judicial discretion constrained by applicable law, rather than an automatic transfer of any invoice or a percentage of the claim.

   Reference: Courts of Justice Act — s. 131(1)

10. 10Which situation captures the threshold concern of issue estoppel described in Penner?

    1. A.A similar issue was discussed in settlement negotiations with strangers.
    2. B.An issue was finally decided in prior proceedings between the same parties or their privies.Correct answer: B
    3. C.A different issue was decided in a case involving similar commercial facts.
    4. D.An issue was pleaded in an earlier action but never determined.

    Explanation: "an issue that was finally decided in prior judicial proceedings between the same parties or those who stand in their place." The doctrine concerns prior final determination of the same issue involving the same parties or privies. Similar topics, unfinished pleadings and negotiation do not meet that description.

    Reference: Penner v. Niagara (Regional Police Services Board) — para. 29