NCA Study Guide 2026

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📋 NCA Exam Format at a Glance

100
Questions
180 min
Time Limit
50.00%
Passing Score

📚 NCA Topics to Study (47)

✍️ Sample NCA Questions & Answers

1. A tribunal issues a decision that conflicts with a clear and unambiguous statutory provision. Under Vavilov, how should a reviewing court characterize this?
An unreasonable decision because a reasonable decision-maker cannot ignore clear statutory language

Under Vavilov, a decision that ignores or misreads clear statutory language will typically be unreasonable. The reasonableness framework asks whether the decision is justified in light of the legal and factual constraints—clear statutory text is a key constraint.

2. Judicial review of administrative decisions is typically sought in which court in most Canadian provinces?
The Divisional Court or the Court of Queen's Bench (or equivalent superior court)

Judicial review of provincial administrative tribunal decisions is sought in the provincial superior court (e.g., Divisional Court in Ontario, Court of King's Bench in Alberta). Federal administrative decisions are reviewed in the Federal Court under the Federal Courts Act.

3. A lawyer has a conflict of interest between two clients. Under the Law Society of Ontario's Rules of Professional Conduct, when may a lawyer represent both clients?
When the clients' interests are directly adverse, dual representation is prohibited even with consent; in other cases, informed consent in writing may allow dual representation if the lawyer reasonably believes they can act for both without detriment

Rule 3.4 of the LSO Rules prohibits acting when there is a conflict of interest unless there is no substantial risk that representation would be adversely affected. Where interests are directly adverse (litigation), dual representation is prohibited even with consent. In other situations, informed consent in writing may allow it if the lawyer can competently serve both.

4. Under the doctrine of stare decisis in Canada, which court's decisions are binding on which courts?
The Supreme Court of Canada binds all courts; provincial Courts of Appeal bind all courts within the province; trial courts are bound by all superior court decisions in their hierarchy

The Canadian stare decisis hierarchy: the SCC binds all Canadian courts. Provincial Courts of Appeal bind all lower courts in the same province. Trial courts must follow Courts of Appeal from other provinces as highly persuasive but not binding. Horizontal stare decisis (courts bound by their own prior decisions) applies with some flexibility at the appellate level.

5. Which Canadian case established that administrative decision-makers interpreting their own constituent statutes are entitled to reasonableness review rather than correctness?
Both A and C, which jointly established this principle

Both Dunsmuir [2008] and Vavilov [2019] established this principle, though Vavilov refined and strengthened it. Dunsmuir created the modern framework with a presumption of reasonableness for tribunals interpreting their home statute; Vavilov consolidated and clarified it.

6. In legal writing, a 'factum' in Canadian courts refers to:
A written legal argument submitted to an appellate court that sets out the facts, issues, law, and submissions of a party

A factum (plural: facta) is the written advocacy document submitted to Canadian appellate courts. It contains: a statement of facts, issues in dispute, the applicable law and argument, and the requested relief. Rules of court prescribe its format, page limits, and content.

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