LSO Barrister Civil Litigation 1 — Questions and Answers
Question 1: Under the Ontario Rules of Civil Procedure, what is the general limitation period for commencing a civil action?
- 1 year
- 2 years (Correct answer)
- 5 years
- 10 years
Correct answer: 2 years
The Limitations Act, 2002 establishes a basic 2-year limitation period from the date the claim was discovered.
Question 2: Which document formally commences a civil action in the Ontario Superior Court of Justice?
- Statement of Claim (Correct answer)
- Notice of Action
- Statement of Defence
- Motion Record
Correct answer: Statement of Claim
A Statement of Claim is the originating process that formally commences a civil action and sets out the plaintiff's allegations.
Question 3: Under Rule 24 of the Ontario Rules of Civil Procedure, what is the consequence of failing to set an action down for trial within two years of the close of pleadings?
- The action is stayed
- The action is dismissed for delay
- The plaintiff is fined
- The defendant may move to dismiss (Correct answer)
Correct answer: The defendant may move to dismiss
Under Rule 24.01, a defendant may move to have an action dismissed for delay if it has not been set down within the prescribed time.
Question 4: In Ontario civil procedure, what is a 'without prejudice' offer to settle governed by?
- Rule 48
- Rule 49 (Correct answer)
- Rule 50
- Rule 52
Correct answer: Rule 49
Rule 49 of the Rules of Civil Procedure governs offers to settle and the cost consequences that flow from beating or failing to beat the offer.
Question 5: Under the Ontario Evidence Act, which of the following is NOT a recognized exception to the hearsay rule?
- Admissions by a party opponent
- Business records
- Dying declarations
- Neighbour's gossip (Correct answer)
Correct answer: Neighbour's gossip
Neighbour's gossip has no recognized basis in law as a hearsay exception; the other options are established exceptions under common law or statute.
Question 6: What is the purpose of a 'Mareva injunction' in Ontario civil litigation?
- To preserve evidence
- To freeze a defendant's assets pending judgment (Correct answer)
- To compel disclosure of documents
- To restrain a defendant from leaving the jurisdiction
Correct answer: To freeze a defendant's assets pending judgment
A Mareva injunction is an interlocutory order freezing the defendant's assets to prevent dissipation before judgment can be enforced.
LSO Barrister Civil Litigation 1
Under the Ontario Rules of Civil Procedure, what is the general limitation period for commencing a civil action?