This is Canadian Law in Ontario

1. The Notice of Motion and supporting affidavit must be filed with the court _________ days before the hearing date.

7

5

8

6

2. A claim brought by a defendant in the main action against a person who is not already a party to the main action is called a/an:

counterclaim

crossclaim

third-party claim

class action

3. The period for pre-judgment interest starts on...

		the date the cause of action arose
		the day the Statement of Claim is served
		a date determined by theCourts of Justice Act
		the date the Statement of Defence is filed

QUESTION 4

1. Amendments made to a document a second time are noted on the document as follows:

		double underline
		underline and bold
		double underline and bold
		underline

QUESTION 5

1. Which of the following is a factor considered by the court when deciding to set aside a default judgment?

		the failure to file a Statement of Defence can be adequatly explained
		the plaintiff is a person under disability
		the defendant wants to dispute a technicality
		the damages sought are less than $35,000.00

QUESTION 6

1. The list of out-of-pocket expenses for which you can claim reimbursement in default judgment are found in:

		The specific rule governing default judgment in theRules of Civil Procedure
		The OntarioAdministration of Justice Act
		The tariffs attached to theRules of Civil Procedure
		The OntarioCourts of Justice Act

QUESTION 7

1. If a defendant was served with the Statement of Claim in the United Kingdom of Great Britain and Northern Ireland, how many days do they have to serve the Statement of Defence?

		30 days
		40 days
		20 days
		60 days

QUESTION 8

1. When serving the responding party, which document will accompany the Notice of Motion?

		37B
		16B
		4D
		30A

QUESTION 9

1. Brenda is suing James for breach of conract. Her lawyer has been trying to serve James the pleadings, but has had no success. The lawyer has attempted personal service on 3 occasions, but the last known address of James appears vacant. An additional attempt was made at James' last known place of work, but the process server was informed James quit two weeks ago and left no forwarding information. The lawyer has taken out advertisements in local papers but no response. The lawyer also mailed the pleadings with an acknowledgment to James' parents' house but no response was received. What steps should the lawyer take to advance the process?

		Bring a motion for summary judgment
		Bring a motion to note the defendant in default
		Bring a motion seeking an order for substitute service
		Bring a motion to have a litigation guarding appointed for James

QUESTION 10

1. Which of the following types of motion can be heard and decided by an associate judge, if one is available at the courthouse?

		May grant an order dispensing with the need to serve the Statement of Claim
		Make an order to allow more time to file an appeal
		Give consent judgment where a minor is involved
		Decide a motion to hold a person in contempt

QUESTION 11

1. 123654897 Ontario Inc is suing the City of Kingston. Its lawyer has started the pleadings and is ready to serve the City. According to the Rules of Civil Procedure, who should the pleadings be delivered to?

		any city councillor
		the mayor
		the law firm the City used in its most recent litigation matter
		the City Treasurer

QUESTION 12

1. Responding Party is defined as

		a person against whom an appeal is brought
		a witness who is served a subpoena
		a person against whom an application is made
		a person against whom a motion is made

QUESTION 13

1. When a court grants monetary damages for pain and suffering, that is known as

		Special Damages
		General Damages
		Partial Indemnity Award
		Specific Performance

QUESTION 14

1. Pleadings in a personal injury case have closed. Joyce, the lawyer for the plaintiff, has just received updated information on the extent of her client's injuries and now wants to amend the pleadings to include a higher special damages amount. What steps, if any, can Joyce undertake to amend the pleadings?

		Obtain consent from the defendant's lawyer and then serve and file the amended Statement of Claim.
		Joyce can do nothing. The pleadings have closed and no further amendments are permitted.
		As the plaintiff's lawyer, Joyce can amend the pleadings at any time simply by filing the amended Statement of Claim witht the court.
		Prepare a new Statement of Claim to be issued and served, thus creating a new court matter.

QUESTION 15

1. When a legal conclusion is made in a pleading, this rule states that you need to set out the facts on which that conclusion is based.

		pleading conditions precedent
		inconsistent pleadings
		no contradicting an allegation in a previous pleading
		pleading points of law

QUESTION 16

1. Referee is defined as...

		the Registrar of the Divisional Court as the circumstances require
		the person to whom a reference in a proceeding is made
		a judge of the Superior Court of Justice
		an associate judge of the Superior Court of Justice

QUESTION 17

1. If a plaintiff wants to respond to a counterclaim made by the defendant, they would file this document:

		27C
		28B
		18A
		29B

QUESTION 18

1. Which of the following is an acceptable method to serve a Motion Record on the lawyer of record?

		Mailing a copy to the lawyer's office
		Mailing a copy to the party themself
		Delivering it personally to the party themself
		Fax it to the court office with a cover letter

QUESTION 19

1. The term used to describe monetary damages that are specific, ascertainable, and measured on an objective basis is:

		Punative Damages
		General Damages
		Specific Damages
		Special Damages

QUESTION 20

1. If a motion is to proceed, this form must be filed with the court by 2:00pm, 3 days in advance of the hearing.

		37B
		38B
		37A
		38A

QUESTION 21

1. Janet serves Susan with a plaintiff's claim for liquidated damages and Susan fails to file a defence. Janet proceeds to have the clerk note Susan in default and also signs the default judgment. Susan is 17 years old. The clerk serves the default judgment on all parties. Since Susan has failed to respond in the proceeding, does she have any options to have the matter reopened?

		Yes, Susan is a person under disability so she can request the court set aside the default judgment
		Yes, because Janet has not proven Susan is liable for the damages incurred
		No, Susan because she didn't file a defence the matter is settled
		No, Susan didn't respond to the notice of motion and so has no standing

QUESTION 22

1. Which of the following is an originating process?

		29A
		18A
		27A
		28A

QUESTION 23

1. Mary is suing her employers, Scott and Rebecca, for wrongful dismissal. Her employers have subsequently decided to sue Mary and another employee, Robert, for the tort of fraudulent misrepresentation. What form with Scott and Rebecca file to bring their claim against Mary and Robert.

		27A
		28B
		14A
		27B

QUESTION 24

1. Costs which are based on a cost grid that establishes hourly rates are referred to as:

		partial indemnity
		substantial indemnity
		punitive indemnity
		general indemnity

QUESTION 25

1. Motions without notice are permitted if...

		It is in the best interests of the other parties in the action
		It is more convenient for the court
		The nature or circumstances of the motion make notice not reasonably possible
		It is more convenient for the moving party