Canadian Law sample questions

Answer: B. As remedial, given a fair, large and liberal interpretation

Section 64(1) of the Legislation Act, 2006 requires that an Act be interpreted as being remedial and be given such fair, large and liberal interpretation as best ensures the attainment of its objects; s. 64(2) applies the same rule to regulations. Part VI of the Act applies to every Act unless a contrary intention appears or the context requires otherwise (ss. 46 and 47). (A) The Legislation Act, 2006 contains no general rule of strict construction in favour of the person affected; its general direction is the liberal reading in s. 64(1). (C) Reading the words alone, without regard to the Act's objects, ignores the requirement that the interpretation best ensure the attainment of those objects. (D) Under s. 70, headings and marginal notes are inserted for convenience of reference only and do not form part of the Act.

Answer: D. A regional senior judge, with the Attorney General's approval

Under s. 32(1) of the Courts of Justice Act, a regional senior judge of the Superior Court of Justice may, with the approval of the Attorney General, appoint a lawyer to act as a deputy judge of the Small Claims Court, ordinarily for a three-year term (s. 32(2)). The deputy judge then hears your client's trial under s. 24(2)(b). (A) The Lieutenant Governor in Council, on the Attorney General's recommendation, appoints provincial judges of the Ontario Court of Justice (s. 42(1)), not deputy judges. (B) The Small Claims Court Administrative Judge is appointed under s. 87.2(1) and may receive delegated powers over sittings and assignments (s. 14(5.1)), but s. 32(1) gives no appointment power. (C) The Deputy Judges Council approves standards of conduct and education plans and makes recommendations (s. 33(6)); it does not appoint deputy judges.

Answer: A. The Ontario law gives way to the extent of the conflict.

Section 95 of the Constitution Act, 1867 makes agriculture a concurrent subject: the Legislature may make laws in relation to agriculture in the province, and Parliament may make laws in relation to agriculture in all or any of the provinces. It also provides that a provincial law relative to agriculture has effect only as long and as far as it is not repugnant to any Act of Parliament. Where farmers cannot obey both laws, the Ontario law gives way to the extent of the conflict. (B) Provincial power over agriculture is concurrent, not exclusive, and s. 95 gives the federal Act priority. (C) Section 95 ranks the laws by their source, not by order of enactment. (D) Parliament's power extends to all or any of the provinces, and a provincial law does not displace the federal Act.

Answer: B. Cannot support judgment unless corroborated by other material evidence

Section 13 of the Evidence Act provides that in an action against the executors or administrators of a deceased person, an opposite or interested party shall not obtain a judgment on his or her own evidence about a matter occurring before the death unless that evidence is corroborated by some other material evidence. The Act applies to a Small Claims Court action (ss. 1 and 2), so your client needs corroboration of the loan. (A) Under s. 8(1) a party to an action is competent and compellable; s. 13 governs whether the evidence can found a judgment, not whether it may be heard. (C) Credibility alone is not enough; s. 13 requires corroboration however the deputy judge assesses your client. (D) Section 13 asks only for some other material evidence; it does not require an independent witness.