04/14/2024

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Free NCA preparation kit

Free NCA preparation kit

This article is written by Adv. Priyanka. This article deals with the detailed aspects of all eligibility criteria, assessment criteria, application fees, syllabus, technical requirements, and online exam rules of the National Committee of Accreditation exam. Further, common frequently asked questions and some tips have also been discussed in this article.

Introduction

Are Indian lawyers allowed to work in Canada?

Are my professional qualifications enough to enroll for the NCA exam?

Do I need an LL.M. degree to practice in Canada?

Planning to embark on your professional journey by working as a barrister in Canada? But confused about the enrolment process in Canada? 

As an Indian lawyer aspiring to practice in Canada, you will definitely have a lot of questions and confusion about the eligibility criteria, assessment process, fees, exams, etc. This guide will help you clear all your doubts. So, without any wait, get ready to unlock the doors of your Canadian legal career.

About the National Committee on Accreditation (NCA) exam

The National Committee of Accreditation (NCA) is a committee set up for the assessment of candidates who want to practice law in a Canadian jurisdiction but are law practitioners or law graduates from a non-Canadian jurisdiction or law school. This NCA exam is outlined in a way to check the practical as well as theoretical knowledge of the law of these candidates to ensure that they have a thorough knowledge of Canadian law. The NCA exams are administered by the Federation of Law Societies of Canada. The main aim of this exam is to assess the educational qualifications and legal experience of lawyers who want to practice in Canada. Here is an in-depth detail about the exam.

NCA exam format

The format of the NCA exam is almost similar to Canadian law school exams. The applicants are given 3 (three) hours to complete the exam. It is an open book and fact-based exam. The applicants are allowed to refer to paper notes but e-notes are not permitted. The exam is conducted online through a remote proctor system

The questions in the examination will either be only problem questions or a mix of short answer and essay problem questions. Problem questions will include the actuality of the fictional statute and the candidate is required to state if it is consistent with the provisions of the Constitutional Act,1867 and 1982. These questions are asked to test the candidate’s knowledge of constitutional issues, legal rules, and case laws, and draw conclusions supported by analysis.

The short questions can be in the form of multiple choice or true/false. These types of questions test the candidate’s knowledge of correctly analyzing the statements on Canadian constitutional law and answering them. Further, the essay questions evaluate the candidate’s comprehension of the material listed in the syllabus and their ability to think critically and form an opinion about the strengths and weaknesses of Canadian law.

NCA online exam rules

The NCA online exam is conducted through resources of Paradigm Testing and MonitorEDU, which ensures that the NCA exams are conducted with integrity and security. Some basic rules of the NCA exam that every candidate must know:

  1. The exam is conducted open book
  2. No electronic notes or textbooks are allowed, only hard-copy material is permitted.
  3. No scanned documents, attachments,  or photographs will be allowed.

NCA exams syllabus

A total of eight subjects are in the NCA exam. However, the candidate will not have to take all eight exams, the subjects will be allotted to the candidates based on their jurisdiction and legal qualification. This is discussed in the heading ‘NCA exam process’. The detailed syllabus of each subject is as follows:

Canadian Administrative Law

Canadian Administrative law is a mandatory subject in the NCA exam. In Canada, administrative law plays a vital role. It touches every aspect of the state’s function in society. Therefore, lawyers in Canada need to have a thorough understanding of administrative law.

The assigned material on which candidates will be examined is Heckman, Mullan, Promislow, and Van Harten (referred to as CB), Administrative Law: Cases, Text & Materials (Toronto: Emond Montgomery Publications Ltd., 8th ed., 2021). 

The syllabus is as follows:

  1. Setting the stage
  • Procedural fairness
  • Substantive constraints
  • Challenge administrative decisions and remedies on Judicial review
  1. Sources of procedural obligations and Procedural obligation triggers
  • Knight “Three-Prong” Trigger
  • Doctrine of Legitimate Expectation
  • Court’s view on procedural versus substantive promises
  • Legislative decisions and emergencies
  • Charter & Bill of Rights
  • Constitutional duty to consult and accommodate indigenous people
  1. Content of procedural obligation
  • Right to be heard
  • Unbiased and independent decision-maker
  • Issues arising from institutional decision-making
  1. Backdrop to the standard of review analysis
  2. Vailov test for the standard of review selection and application
  3. Venure and basic procedure for judicial review
  4. Remedies

Note: You must thoroughly study these subjects. If you are under the assumption that giving a read once to the reading material listed below or the notes is enough, then you are wrong.

Canadian Constitutional Law Exam

Studying Constitutional law is important as constitutional laws shape the functioning of the government, resolve conflicts, foster a just and equitable society, and protect the rights of citizens. Thus, a lawyer must have a thorough understanding of constitutional law.

The syllabus (divided into four parts) and required readings are as follows:

Topics Reading
Part 1: Basic Concepts
Sources and nature of the constitution Hogg, chapter 1, “Sources” Reference re Secession of Quebec, [1998] 2 SCR 217
Amending procedures Constitution Act, 1982, Part V, ss 38-49 Hogg, chapter 4, “Amendment”, and chapter 5.7, “Secession”
Part 2: Distribution of Legislative Powers
Federalism Constitution Act, 1867, ss 91-95 Hogg, chapter 5, “Federalism” 
Judicial review and principles of interpretation Constitution Act, 1982, s 52 Hogg, chapter 15, “Judicial Review on Federal Grounds” R v Morgentaler, [1993] 3 SCR 463Canadian Western Bank v Alberta, 2007 SCC 22, [2007] 2 SCR 3 
Property and civil rights Constitution Act, 1867, s 92(13) Hogg, chapter 21, “Property and Civil Rights” Citizens Insurance Company of Canada v Parsons, (1881) 7 AC 96 (PC) Chatterjee v Ontario (Attorney General), 2009 SCC 19, [2009] 1 SCR 624 Reference re Securities Act, 2011 SCC 66, [2011] 3 SCR 837
Trade and commerce Constitution Act, 1867, s 91(2) Hogg, chapter 20, “Trade and Commerce” General Motors of Canada Ltd. v City National Leasing, [1989] 1 SCR 641Reference re Securities Act, 2011 SCC 66, [2011] 3 SCR 837 
Peace, order and good government Constitution Act, 1867, s 91 (opening words) Hogg, chapter 17, “Peace, Order, and Good Government” Reference re Anti-Inflation Act, [1976] 2 SCR 373 References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11
Criminal law Constitution Act, 1867, s 91(27), s 92(15) Hogg, chapter 18, “Criminal Law” Reference re Validity of Section 5 (a) Dairy Industry Act, [1949] SCR 1 Reference re Firearms Act (Can.), [2000] 1 SCR 783 Reference re Genetic Non-Discrimination Act, 2020 SCC 17 
Ancillary powers General Motors of Canada Ltd. v City National Leasing, [1989] 1 SCR 641 Quebec (Attorney General) v Lacombe, 2010 SCC 38, [2010] 2 SCR 453
Paramountcy Hogg, chapter 16, “Paramountcy” Rothmans, Benson & Hedges Inc. v Saskatchewan, 2005 SCC 13, [2005] 1 SCR 188
Interjurisdictional Immunity Hogg, chapter 15.8, “Interjurisdictional Immunity” Canadian Western Bank v Alberta, 2007 SCC 22, [2007] 2 SCR 3 Quebec (Attorney General) v Canadian Owners and Pilots Association, 2010 SCC 39, [2010] 2 SCR 536
Part 3: Aboriginal rights and the constitution
Introduction Constitution Act, 1982, s 25, s 35 Hogg, chapter 28, “Aboriginal Peoples” 
Aboriginal rights R v Sparrow, [1990] 1 SCR 1075 R v Van der Peet, [1996] 2 SCR 507, per Lamer CJ, paragraphs 1-94 R v Powley, 2003 SCC 43, [2003] 2 SCR 207
Aboriginal title Tsilhqot’in Nation v British Columbia, 2014 SCC 44, [2014] 2 SCR 256 
Treaty right R v Marshall, [1999] 3 SCR 456 
Duty to consult Haida Nation v British Columbia (Minister of Forests), 2004 SCC 73, [2004] 3 SCR 511
Part 4: The Canadian charter of rights and freedom
Interpreting the Canadian Charter of Rights and Freedoms Hogg, chapter 36, “Charter of Rights” 
Application of the Canadian charter of rights and freedom Constitution Act, 1982, s 32 Hogg, chapter 37, “Application of Charter” Eldridge v British Columbia (Attorney General), [1997] 3 SCR 624, paragraphs 19-52 Greater Vancouver Transportation Authority v Canadian Federation of Students, 2009 SCR 31, [2009] 2 SCR 295, paragraphs 13-24
Override of rights Constitution Act, 1982, s 33 Hogg, chapter 39, “Override of Rights” Ford v Quebec (Attorney General), [1988] 2 SCR 712, Part V of the Court’s opinion, paragraphs 23-36 
Freedom of conscience and religion Constitution Act, 1982, s 2(a) Hogg, chapter 42, “Religion” Syndicat Northcrest v Amselem, 2004 SCC 47, [2004] 2 SCR 551, per Iacobucci J, paragraphs 1-104 Reference re Same-Sex Marriage, 2004 SCC 79, [2004] 3 SCR 698, paragraphs 47-60 Mouvement laïque québécois v Saguenay (City), 2015 SCC 16, [2015] 2 SCR 3
Freedom of expression Constitution Act, 1982,s 2(b)Hogg, chapter 43, “Expression”Irwin Toy Ltd. v Quebec (Attorney General), [1989] 1 SCR 927 Parts I, VI, and VII of the majority opinion Montréal (City) v 2952-1366 Québec Inc., 2005 SCC 62, [2005] 3 SCR 141 Saskatchewan (Human Rights Commission) v Whatcott, 2013 SCC 11, [2013] 1 SCR 467
Life, liberty, and security of the person Constitution Act, 1982, s 7 Hogg, chapter 47, “Fundamental Justice” Canada v PHS Community Services Society, 2011 SCC 44, [2011] 3 SCR 134 Canada (Attorney General) v Bedford, 2013 SCC 72, [2013] 3 SCR 1101 Carter v Canada, 2015 SCC 5, [2015] 1 SCR 331 
Equality rights Constitution Act, 1982, s 15Hogg, chapter 55, “Equality” Andrews v Law Society of British Columbia, [1989] 1 SCR 143 R v Kapp, 2008 SCC 41, [2008] 2 SCR 483 Fraser v Canada, 2020 SCC 28
Limitation of rights Constitution Act, 1982, s 1 Hogg, chapter 38, “Limitation of Rights” R v Oakes, [1986] 1 SCR 103, per Dickson CJ, Part V of his opinion, paragraphs 62-79 Alberta v Hutterian Brethren of Wilson Colony, 2009 SCC 37, [2009] 2 SCR 567
Remedies Constitution Act, 1982, s 24, s 52 Hogg, chapter 40, “Enforcement of Rights” Vriend v Alberta, [1998] 1 SCR 493, per Iacobucci J, paragraphs 129-179 Vancouver (City) v Ward, 2010 SCC 27, [2010] 2 SCR 28 Ontario (Attorney General) v G, 2020 SCC 38

Canadian Criminal Law

This subject is important as intricates a web of legal, constitutional, and societal factors shaping the justice system. Moreover, the risk of a prosecuted person losing liberty and facing social stigma along with the unique features of Canadian criminal law makes it a mandatory subject for lawyers.

The syllabus is as follows:

  1. The Sources of Criminal Law
  2. The power to Create Criminal Offences and Rules of Criminal Procedure
  • Constitutional division of powers introduced
  • The Canadian Charter of Rights and Freedoms
  1. The Procedural Classification of Offences
  2. Interpreting Criminal Provisions 
  3. The Actus Rea
  4. Mens Rea
  5. Objective Mens Rea and True Crimes
  6. Regulatory Offences
  7. Aiding and Abetting
  8. Counselling
  9. Attempts
  10. Corporate and Association Liability 
  11. Mental Disorder
  12. Automatism and Involuntary Acts “Negativing” the Actus Reus
  13. Simple Intoxication and Specific Intent Crimes
  14. Extreme Intoxication and General Intent Crimes
  15. Defence of the Person
  16. Necessity
  17. Duress
  18. Provocation
  19. Entrapment
  20. Error of Law and Color of Right
  21. The Adversarial Process
  22. Police Power
  23. Securing Jurisdiction over the Accused and Interim Release
  24. Disclosure and Production
  25. Preliminary Inquiries
  26. The Jury Trial
  27. Pre-Trail Motions
  28. Trail with a Reasonable Time Application
  29. General Principles of Sentencing
  30. Appeal of Final Decisions and Judicial Review of Interim Decisions

Foundation in Canadian Law

This is another mandatory subject in the NCA exam because it provides the lawyers basic understanding of the legal principles, sources, and constitutional framework of Canadian law. Further, it also makes the lawyers aware of the judicial making process in Canada, with Canadian bijuralism and theories influencing Canadian legal thoughts.

The syllabus and required readings are as follows:

Topic Reading
Basic Theories of Law; Racism & the Law Forcese, Chapter 2 R. v. Morris, 2021 ONCA 6808573123 Canada Inc. v. Keele Sheppard Plaza Inc. 2021 ONCA 371R. v. Gladue [1999] 1 S.C.R.Michael Trebilcock, “Law and Economics” (1993) 16:2 Dal LJ 360Alyssa Clutterbuck, “Rethinking Baker: A Critical Race Feminist Theory of Disability”, 2015 20 Appeal: Review of Current Law and Law Reform 51, 2015 CanLIIDocs 49.
Indigenous Peoples and the Law Forcese, Chapter 3Section 91(24) of The Constitution Act, 1867 (U.K.), 30 & 31 Victoria, c. 3Section 35 of The Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11 “Introduction” in Summary of the Final Report of the Truth and Reconciliation Commission of Canada, Honouring the Truth, Reconciling for the Future.United Nations Declaration on the Rights of Indigenous Peoples: An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples Douglas Sanderson, “Redressing the Right Wrong: The Argument from Corrective Justice” (2011) 62 University of Toronto Law Journal 93Indigenous Law Research Unit, Secwepémc Lands & Resources Law, SummaryReference to the Court of Appeal of Quebec in relation with the Act respecting First Nations, Inuit and Métis children, youth and families, 2022 QCCA 185, (Unofficial English Translation of the Court), pages 4-19, 120-192Chippewas of the Thames First Nation v. Enbridge Pipelines, [2017] 1 SCR 1099Clyde River (Hamlet) v. Petroleum Geo‑Services Inc., 2017 SCC 40Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCCPastion v. Dene Tha’ First Nation, 2018 FC 648Nora Refai, “The Beaufort Sea Boundary Dispute: A Consideration of Rights of Inuit in Canada and the United States” (2022) 60 Alberta Law Review 267  • Dwight Newman, “The Economic Characteristics of Indigenous Property Rights: A Canadian Case Study” (2016) 95 Nebraska Law Review 432Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani Utenam), 2020 SCC 4 Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 Restoule v. Canada (Attorney General), 2021 ONCA 779, paras. 1-333, 360, 581-628Christina Gray and Hayden King, eds., “Treaty Interpretation in the Age of Restoule” (Yellowhead Institute, May 2022)
Sources of Canadian Law Forcese, Chapter 4Grimard v. Canada [2009] FCA 47Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, [2014] 1 S.C.R. 433, paras. 1-12 and 72-107Irit Samet-Porat, “Equity” in H Dagan and B Zipurskey, eds., Research Handbook in Private Law Theories (2020)S. Lewis, “On the Nature of Stare Decisis” Forthcoming in Endicott, Kristjánsson, Lewis (eds), Philosophical Foundations of Precedent OUP, 2023.T. Skolnik, “Precedent, Principles, and Presumptions” (2021) 54:3 UBC Law Review 935 Housen v Nikolaisen, 2002 SCC 33Barnett, “Canada’s Approach to the Treaty-Making Process”, 2021, Library of Parliament Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 (read headnote for factual context, read paras. 69-71, 78-81)R. v. Hape 2007 SCC 26, [2007] 2 SCR 292, (read paras. 1-56)Nevsun Resources Ltd. v. Araya, 2020 SCC 5, (read paras. 1-26; and 60-133)
Fundamental Principles of the Canadian Legal System Forcese, Chapter 5 Rule of Law Singh v. Canada (Attorney General), 2000 CanLII 17100 (F.C.A.), paras. 13-44 • Cass R Sunstein, “The Rule of Law” R. v. Sullivan, 2022 SCC 19 Schmidt v. Canada (Attorney General), 2018 FCA 55 (CanLII)Reference re Code of Civil Procedure (Que.), art. 35, 2021 SCC 27 
Parliament and its Components Luke Beck, The Role of Religion in the Law of Royal Succession in Canada and Australia (2017) 43:1 Queen’s LJJoel I. Colón-Ríos and Allan C. Hutchinson, Constitutionalizing the Senate: A Modest Democratic Proposal, (2015) 60:4 McGill LJ 500 Forcese, Chapter 6
Functions of Parliament Forcese, Chapter 7 Duffy v. Senate of Canada, 2020 ONCA 536 Chagnon v. Syndicat de la fonction publique et parapublique du Québec, 2018 SCC 39 Singh v. Attorney General of Quebec, 2018 QCCA 257Jennifer A. Klinck, Modernizing Judicial review of the Exercise of Prerogative Powers in Canada, Alberta Law Review, (2017) 54:4 
The Executives and its Functions Walter v. British Columbia, 2019 BCCA 221Tesla Motors Canada v. Ontario (Ministry of Transportation), 2018 ONSC 5062 (CanLII)Toronto v. Ontario (Attorney General), 2021 SCC 34Patrick F. Baud, “The Crown’s Prerogatives and the Constitution of Canada” (2021) 3 Journal of Commonwealth Law 219 Ontario (Attorney General) v. Clark, 2021 SCC 18
The Courts and the Judiciary Forcese, Chapter 9Smith v. Canada (Attorney General), 2020 FC 629 
Statutory Interpretations Forcese, Chapter 10, pp. 408-516Agrium v Orbis Engineering Field Services, 2022 ABCA 266Sullivan, R. (2000). “The Plain Meaning Rule and Other Ways to Cheat at Statutory Interpretation,” in E MacKay (ed.), Law and Certainty, Les Certitudes de Droit. Ottawa: 2000 
Constraints on Legislative and Administrative Action Forcese, Chapter 11Brown v. Canada (Citizenship and Immigration) 2020 FCA 130 (read paras. 1-23; and 136-149)Shuttleworth v. Ontario (Safety, Licensing Appeals and Standards Tribunals), 2019 ONCA 518Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26Lorne Sossin, The Impact of Vavilov: Reasonableness and Vulnerability” Supreme Court Law Review, 2nd Series, Volume 100 (2021) pp. 265-277Mark Mancini, “The Promise of Habeas Corpus Post-Vavilov: The Principle of Legality” (2022) 100:2 Canadian Bar Review pp. 223-253.Teresa Scassa, “Administrative Law and the Governance of Automated Decision-Making: A Critical Look at Canada’s Directive on Automated Decision-Making” (2021) 54:1 University of British Columbia Law Review.

Canadian Professional Responsibility

Knowledge, skills, and professionalism are the three important keys recognized in the Canadian Legal Profession. To practice law in Canada the lawyer must have knowledge about the ethical responsibilities, ethical conduct, and professional manner. Canadian Professional is a mandatory subject in the NCA exam. The syllabus and the reading materials are as follows:

Topic Readings
The Legal Profession: Lawyers in Society and a Society of Lawyers Trevor C.W. Farrow, “Sustainable Professionalism” (2008) 46 Osgoode Hall Law Journal 51.Casebook, Chapter 1. Model Code (do a general review of the full Model Code).
Regulation of Lawyers and Regulations of the Legal Profession Casebook, Chapters 2 (parts 2-3), 10, and 12.Model Code, Chapter 3 and Commentaries; Rule 7.2 and Commentaries.Briefly skim the basic governing and regulatory materials for one Canadian jurisdiction.
The Lawyer-Client Relationship Casebook, Chapter 2 (excluding part 3) Model Code, “Preface”, “Definitions”, Chapters 3-4
The Preservation of Client Confidences Casebook, Chapter 3.Model Code, Chapter 3, Rule 3.3 and Commentaries; Rule 3.5-6 and Commentary; Rule 3.7 and Commentaries. 
Conflict of Interest Casebook, Chapters 2 (part 4), 4.Model Code, Chapter 3, Rule 3.4 and Commentaries; Rule 3.7 and Commentaries
The Adversary System and Lawyers as Advocates Casebook, Chapter 5.Model Code, Chapter 5; Chapter 3, Rule 3.7 and Commentaries. 
Ethics and Dispute Resolution: Counselling and Negotiation Casebook, Chapter 6. Model Code, “tribunal”, Chapter 3, Rule 3.2-2 and Commentary; Chapter 5, Rule 5.7 and Commentaries; Chapter 7, Rule 7.2 and Commentaries. 
Ethics and Practice of Criminal Law Casebook, Chapter 7. Model Code, Chapter 3, Rule 3.5-6 and Rule 3.5-7 and Commentaries; Chapter 5, Rule 5.1 and Commentaries. 
Government Lawyers Casebook, Chapter 8. Model Code, Chapter 3, Rules 3.2-3, 3.2-7, 3.2-8 and Commentaries.
Lawyers in Organizational Settings Casebook, Chapter 9. Model Code, Chapter 3, Rules 3.2-3, 3.2-7, 3.2-8 and Commentaries. 
Access to Justice Casebook, Chapters 10-11. Model Code, Preface; Chapter 3, Rule 3.1 and Commentaries; Rule 3.6 and Commentaries; Chapter 5, Rule 5.6-1 and Commentaries; Chapter 7, Rule 7.6 and Commentaries.

Business Organization

This subject includes the three forms of business organization i.e. the sole proprietorship, the partnership, and the corporation. The syllabus includes

Topic Readings
Introduction  Casebook pp. 1-4 VanDuzer pp. 1-25 
Partnerships
What is a Partnership? Required Reading: Casebook pp. 4-30 VanDuzer pp. 28-51 Statutory References: Partnerships Act, R.S.O. 1990, c. P.5 (“P.A.”), ss. 1- 5, 45 Business Names Act, R.S.O. 1990, c. B.17 (“Business Names Act”), ss. 1(1)(“business”, “person”), 2, 6, 7, 10 
How Does a Partnership Carry on Business?  Required Reading:Casebook pp. 39-43VanDuzer pp. 51-70Statutory References:P.A. ss. 6-19
Dissolution of the Partnership Required Reading:VanDuzer pp. 70-72Statutory References:P.A. ss. 26, 32-44 
Partnership Agreements Required Reading:VanDuzer pp. 73-81 
Other Relationships  Required Reading:Casebook pp. 43-58VanDuzer pp. 67-70, 81-92Statutory References:P.A. ss. 2, 3, 10, 44.1-44.4, 32(b)Limited Partnerships Act, R.S.O. 1990, c. L.16, ss. 2-18, 21, 22, 24-6, 33
The Corporation
Introduction Required Reading:VanDuzer pp. 96-138,512-523Casebook pp. 68-69 Statutory References: CBCA ss. 5-9, 15, 19(2), 20, 20.1, 21, 106(1) Forms 1, 2 OBCA ss. 4-7, 15, 140, 141, 145, 146 Forms 5351E, 5351F, 5260E, 5260F 
Nature of the Corporation Required Reading:Casebook pp. 69-78, 80-90,102-130, 134-142, 147-151  VanDuzer pp. 138-142, 153-155, 142-153 Statutory References: CBCA ss. 6, 10, 15, 45(1) OBCA ss. 5, 10, 15, 92(1) 
Incorporation Required Reading: Casebook pp. 167-168, 171-177 VanDuzer pp. 159-160, 177-200Statutory References: CBCA ss. 2(1), 2(6), 2(7), 5-9, 15, 16, 19, 20, 21, 22, 21.1, 28, 45, 49(8)-(11), 102(2), 103- 106, 109, 113-115, 132, 139, 140, 141, 149, 155, 160, 162, 163, 171, 173(1)(b), 174(1), 187, 188, 250, 251, 254, 263, Forms 1, 2, 22, Canada Business Corporations Regulation, 2001, SOR/2001-512 (“CBCA Reg.) s. 2, Schedule 5 OBCA ss. 1(1), 1(6), 4-7, 14-17, 26, 42, 54, 56(8), 92(1), 93, 101, 103, 104, 111, 115-119, 122, 126, 127, 129, 138, 139, 140, 140.1- 140.4, 141, 143-146, 148, 149, 153, 154, 156, 158, 160, 168, 180, 181, 256-258, 263 Forms 5351E, 5351F, 5260E, 5260F Business Names Act, ss. 2(1) and (6), 6, 7 Corporations Information Act, R.S.O. 1990, c. C.39, ss. 1(1), 2-4, 13, 14, 18 
The Corporation in Action Required ReadingCasebook pp. 152-165,246-253 VanDuzer pp. 211-243,247-250 Statutory References:CBCA ss. 15-18 OBCA ss. 16-19 
Shares and Shareholder Required ReadingCasebook pp.251-267, 585-605 VanDuzer pp. 247-250Statutory References:CBCA ss. 20, 21, 21.1-21.4,24,42,43, 48-50, 140, 257 OBCA ss. 22, 22(1)(2), 53-57, 102, 140-144, 120, 127, 168, 170, 176(3), 181(3), 184(5), (6), 193(1), 248, 266
Management and Control of the corporation: The basic legal framework 
Introduction – Shareholders, Directors and Officers Required Reading: VanDuzer pp. 279-282 Statutory References: CBCA ss. 102, 115, 121 OBCA ss. 115, 127, 133 
How Shareholders Exercise Power Required ReadingCasebook pp. 624-625, 632-639, 643-645, 655-657, 674-679 VanDuzer pp. 283-300Statutory References: CBCA ss. 20-22, 103(5), 132-44, 147-159, 161-163, 172.1,173, 175, 183, 189, 247, 252.1-253.5, 252.7 CBCA Reg. ss. 33-34.1, 43-69 OBCA ss. 93-106, 109-114, 116, 139-146.1, 148, 154-7, 159, 168, 169, 170, 176, 181, 184, 253 General, RRO 1990, Reg 62 (“OBCA General Reg”) ss. 23.4, 27-38
Directors and How They Exercise Power ReadingsCasebook pp. 227-238,360-366 VanDuzer pp. 127, 300-311Statutory References: CBCA s. 2(1), 6(1)(e), 102(1)(2), 106, 108 – 113, 116, 121,122 OBCA s. 1(1), 118, 121(1)(c), 128, 115, 117, 119, 121, 122, 124, 126-128OBCA General Reg. s. 26 
Director’s meeting VanDuzer pp. 306-309 Statutory CBCA ss. 110, 114, 115(3) OBCA ss. 117, 126, 127(3)
Officers VanDuzer pp. 310-311 CBCA ss. 102(1), 104(1)(d), 115, 116, 121, 122 OBCA ss. 115(1), 117(1)(d), 127, 128, 133, 134 
Remuneration and Indemnification Required Reading: Casebook pp. 360-366 VanDuzer pp. 313-320 Statutory References: CBCA ss. 120(5)(a) and (b), 124, 125OBCA ss. 132(5)(a) and (b), 136, 137
Shareholders’ Agreements and Unanimous Shareholders’ Agreements Required Reading: Casebook pp. 722-738 VanDuzer pp. 320-330 Statutory References: CBCA ss. 2(1) , 49(8), 146, 247OBCA ss. 1(1), 56(8), 108, 253 
Corporate Changes
Amendment of Articles, By-laws and Changes to Stated Capital  Required Reading: Casebook pp. 185-186, 190 VanDuzer pp. 334-342 Statutory References: CBCA ss. 38, 39, 43, 103, 173-80, 190, 241 OBCA ss. 34, 35, 38, 116, 168-173, 185, 248 Form 5261E, 5261F
Continuation under the Law of Another Jurisdiction Required Reading: Casebook pp. 172-173, 190 VanDuzer pp. 342-346 Statutory References: CBCA ss. 187-8 Form 11 OBCA ss. 180-1, 185 Forms 5264E, 5264F, 5265E, 5255F
Amalgamation  Required Reading: VanDuzer pp. 346-354 Statutory References: CBCA ss. 181-186, 190 Form 9OBCA ss. 174-179, 185 Forms 5262E, 5262F 
Arrangements and Reorganizations  Required Reading: VanDuzer pp. 354-358 Statutory References: CBCA ss. 191-192 Forms 14, 14.1OBCA ss. 182, 183, 186 Forms 5266E, 5266F, 5267E, 5267F 
Sales of All or Substantially All of a Corporation’s Assets Required Reading: VanDuzer pp. 358-360 Statutory References: CBCA s. 189(3)-(9), 190 OBCA s. 184(3)-(9), 185
Going Private Transactions  Required Reading: VanDuzer pp. 360-363 Statutory References: CBCA ss. 2(1), 193-194 OBCA s. 190 
Termination of the Corporation’s Existence  Required Reading: VanDuzer pp. 364-369 Statutory References: CBCA ss. 207-228 OBCA ss. 191-244 Forms 5268E, 5268F
Directors and Officers Duties
Fiduciary Duties Required Reading:Casebook pp. 367-406, 409-411, 421-418, 421-429,509-521VanDuzer pp. 373-406,412-418,430-432, 448-460, 476-492Statutory References: CBCA ss. 120, 122(3), 122(1)(a), (1.1), (2), and (3), 123 OBCA ss. 132, 134(3), 134(1)(a), (2), and (3), 135,246,248,249(1)
Duty of Care  Required Reading: Casebook pp. 291-298Statutory References: CBCA ss. 122(1)(b), 123(4), (5) OBCA ss. 134(1)(b), 135(4)
Statutory Duties and Oppression  Required Reading: Casebook pp. 344-354 VanDuzer pp. 422-427 Statutory References: CBCA ss. 118, 119, 122(2), 123(4), 238, 241, 242 OBCA ss. 130, 131, 134(2), 245, 248, 249 
Liability of Corporate Managers for Torts  Required Reading: VanDuzer pp. 428-435
Shareholders’ Remedies
Introduction Required Reading: Casebook pp. 745-747 VanDuzer pp. 440-442 
Personal Action Required Reading: VanDuzer pp. 442-444
Derivative Actions on Behalf of the Corporation  Required Reading: Casebook pp. 747-756, 769-772VanDuzer pp. 444-451 Statutory References: CBCA ss. 238-240, 242 OBCA ss. 245-247, 249 
Oppression Required Reading: Casebook pp. 797-830, 833-851VanDuzer pp. 451-497Statutory References: CBCA ss. 238, 241-242 OBCA ss. 245, 248-249
Compliance and Restraining Orders  Required Reading: Casebook pp. 867-869VanDuzer pp. 497-498Statutory References: CBCA ss. 247 OBCA ss. 253
Rectification of Corporate Records Required Reading: Casebook pp. 869VanDuzer pp. 498-499Statutory References: CBCA ss. 243,257OBCA ss. 250,266
Investigations Required Reading: Casebook pp. 869-874 VanDuzer pp. 499-500 Statutory References: CBCA ss. 229-237OBCA ss. 161-167
Corporate Purchase of Shares of Dissenting Shareholder (dissent and appraisal)  Required Reading: Casebook pp. 862-866 VanDuzer pp. 501-505  Statutory References: CBCA ss. 190 OBCA ss. 185
Winding Up and Dissolution  Required Reading: Casebook pp. 874-878 VanDuzer pp. 506-508 Statutory References: CBCA ss. 207, 208, 210-215 OBCA ss. 192-205, 206, 207, 208, 229

Contract

This subject covers topics related to the formation, breach, and performance of contracts. The contract exam will cover every aspect of the S. Ben-Ishai and D. Percy, Contracts: Cases and Commentaries, 11th ed., casebook. Therefore, it is very important to have a thorough knowledge of the casebook. Know more about the Syllabus.

Topics Readings
Introduction Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy, 1-16J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 1
Indigenous Peoples and Contracts  Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy , 20-24, 29-39
Offer and Acceptance  Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy 39-146J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 2
Certainty of Terms  Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy, 147-169, 180-186J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 3
Enforcement of Promises  Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy : 189-209,214-232,240-261, 269-312J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 4,6(B),7,8
Privity of Contract Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy ,313-325, 337-352J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 9
Contingent Agreements Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy, 370-378J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 17
Representations & Terms Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy, 383-413,437-462,468-494J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 6(D), 10,15,16,18
Interpretation Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy,508-525J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 19
Exclusion Clauses  Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy,558-596J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 6(C),20
Mistake Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy, 597-635,654-665J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020),Chapter 13
Frustration Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy 681-707,722-726J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020),Chapter 14
Protecting Weaker Parties Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy,760-782J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020), Chapter 11
Illegality and Public Policy Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy,791-794,812-825J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020),Chapter 12
Remedies Contracts: Cases and Commentaries, 11th ed., edited by S. Ben-Ishai and D. Percy,833-1011J.D. McCamus, The Law of Contracts, 3rd ed. (Toronto: Irwin Law, 2020),Chapter 22,23,24

Torts

This subject will give in-depth knowledge about the substantive rules of the key subject areas of tort law and the ability to analyze and apply the law in a situation. The syllabus is as follows:

  1. Introduction
  • The Concept of Torts
  • Bases and Scope of Liability
  • Intention and Related Concepts
  • Remedies
  • Vicarious Liability
  • Historical Roots: Trespass and Case
  • Standard of Proof and Burden of Proof
  1. Trespass to Person
  • Battery
  • Assault
  • Wrongful Imprisonment
  • Wrongful Prosecution
  • Intentional Infliction of Nervous Shock
  • The Innominate Intentional Tort
  • Invasion of Privacy
  • Breach of Confidence
  1. Trespass to Property
  • Intentional Interference with Personal Property
  • Intentional Interference with Real Property
  1. Nuisance and Strict Liability
  • Private and Public Nuisance
  • Remedies
  • Strict Liability for Esacpe of Dangerous Substances
  • Strict Liability for Animals
  1. Defences
  • Consent
  • Ex Turpi Causa Non-Oritur Actio
  • Defence of Self, Third Party, and Real Property
  • Defence and Recaption of Chattels
  • Necessity
  • Legal Authority
  • Appointment of Fault in Intentional Torts
  1. Negligence
  • Elements of Negligence
  • Negligent Misrepresentation and Pure Economic Loss
  • Tort Liability of Public Authorities
  • Standard of Care
  • Factual and Legal Causation
  • Assessment of Damages
  1. Special Defences and Consideration in Negligence Actions
  • Contributory Negligence and Apportionment of Liability
  • Voluntary Assumption of Risk

Property Law

For an understanding of the legal doctrines, principles, and rules regarding property law, this subject is covered in the NCA exam syllabus. The syllabus for Property Law is as follows:

  1. Property – History and Categories
  • Sources of Candian Property Law
  • Basic Divisions in the Law of Property
  1. Boundaries
  • Land: Airspace and Subsurface Rights
  • Lateral Boundaries
  • Fixtures
  1. Possession
  • Acquisition of title by possession
  • The Relative Nature of Title: Finders
  • Transfer of Titles Through Delivery of Gifts
  1. Estates
  • Fee Simple and Trail
  • The Life Estate
  1. Aboriginal Property Rights in Land
  • Nature and Proof of Aboriginal Title
  • Role of Consent and the Infringement
  • Duty to consult and accommodate prior to recognition of Aboriginal title
  • Rights Short of Title
  • Reserves and Metis title
  1. The Origin and Nature of Equitable Interests
  • Historic Development of Equity
  • The Statues of Uses
  • Creating a Modern Trust in Real Property after the Statuts of Uses
  • The Nature of Modern Equitable Interest
  1. Conditional Transfers and Future Interests
  • Types of Future Interest
  • Vested and Contingent Interest
  • Determinable and Conditional Estates
  • Invalidity
  • The Rule Against Perpetuities
  1. Lease and Licences
  • Nature of Lease
  • Nature of Landlord’s and Tenant’s Interest
  • Obligation of Landlords and Tenants
  • Termination and Remedies
  • The Proprietary Status of Licences
  • Residential Tenancy Reform: General Principles
  1. Shared Ownership
  • Traditional Forms of Co-ownership
  • Joint Tenancies
  • Tenancy in Common
  • Severance of Joint Tenancy
  • Terminating Co-ownership
  1. Servitudes Over Property
  • The Nature of Easement
  • Creation of Easements
  • Scope, Location, and Termination
  • Profits a Prendre
  • Convents Running With Property
  • Covenants and Conservation
  • Positive Covenants
  • Invalidity and Termination
  1. Priorities and Registration
  • Priorities at Common Law and in Equity
  • The Advent of Registration
  • Titles Registration

NOTE: Do read the textbook and Case book (mentioned in suggested readings for Property Law).

Family Law

Alberta

The syllabus is as follows:

  1. Introduction
  • Definition of Marriage
  • Constitutional Framework
  • Fragmentation of Judicial Jurisdiction
  • Formation and Annulment of Marriage
  1. Family Violence
  2. Divorce (Including Corollary Proceedings for Support and Custody)
  • Emotional Dynamics of Marriage Breakdown
  • Jurisdiction
  • Effective Date and Effect of Divorce
  • Recognition of Foreign Divorces
  • Recognition of foreign order that varies parenting or contact order
  • Marriage Breakdown as Ground of Divorce
  • Bars to Divorce
  • Interim, Spousal, and Child Support Orders
  • Spousal Support  Advisory Guidelines 
  • Retroactive Spousal Support Orders
  • Variational Rescission or Suspension of Corollary Support Orders
  • Retroactive Child Support Orders
  • Parenting Arrangement after Divorce
  1. Child and Spousal Support under Provincial Legislation
  • Definitions
  • Child Support Statutory Criteria
  • Spousal support or Adult Independent Partner
  • General Matters
  1. Establishing Parentage
  2. Guardianship, Custody, and Access under Provisional Legislations
  3. Matrimonial Property
  • Property Division
  • Application by spouse
  • Application by adult interdependent partner
  • Conditions precedent to application -spouses and adult interdependent partners
  • Time for application – spouses and adult interdependent partners
  • Distribution of Property
  • Matters to be considered
  • Power of the Court
  • Severance of Joint Tenancy
  • Possession of Matrimonial Home
  • Occupation Rent

Ontario 

The syllabus is as follows:

  1. Introduction
  • Definition of Marriage
  • Constitutional Framework
  • Fragmentation of Judicial Jurisdiction
  • Formation and Annulment of Marriage
  • Support and Property Rights of Unmarried Cohabitants
  1. Family Violence
  2. Divorce (Including Corollary Proceedings for Support and Custody)
  • Emotional Dynamics of Marriage Breakdown
  • Jurisdiction
  • Effective Date and Effect of Divorce
  • Recognition of Foreign Divorces
  • Recognition of foreign order that varies parenting or contact order
  • Marriage Breakdown as Ground of Divorce
  • Bars to Divorce
  • Interim, Spousal, and Child Support Orders
  • Spousal Support  Advisory Guidelines 
  • Retroactive Spousal Support Orders
  • Variational Rescission or Suspension of Corollary Support Orders
  • Retroactive Child Support Orders
  • Parenting Arrangement after Divorce
  1. Child and Spousal Maintenance under Provincial Legislation
  • Definitions of Child, Parent, Spouse, and Dependent
  • Statutory Support Obligations
  • Status of Applicant
  • Statutory Criteria
  1. Child Custody under Provincial Legislation; the Ontario Children’s Reform Act
  2. Ownership and Equalization of Family Property
  • Definition of Court, Property, and Spouse
  • First Nations Property; Foreign Immovable Property
  • Domestic Contracts
  • Conflict of Lawd
  • Ownership of Property
  • Effect of Bankruptcy on Equalization of Net Family Properties
  • Triggering Events for Equalization of Net Family Properties
  • Equalization of Net Family Properties; Significance of Ownership; Pensions; Valuations; Pre-Martial Deductions
  • Unequal Division of Family Properties
  • Entitlement on Death
  • Financial Closure; Mandatory Property and Financial Statements
  • Powers of Courts; Interest; Restraining and Preservation Orders
  • Occupation Rent and Accountancy Claims
  1. Possession and Disposition of Matrimonial Home
  • Jurisdiction
  • Definition of Matrimonial Home; Designation of Matrimonial Home
  • Disposition of Matrimonial Home
  • Possession of Matrimonial Home; Variation Proceedings; Effect of Death; Situs
  1. Domestic Contracts
  • Marriage Contracts, Cohabitation Agreements, Separation Agreements
  • Formal Requirements; Capacity to Contract
  • Setting Aside Domestic Contracts
  • Incorporation of Terms of Domestic Contracts in Judgements
  • Filing, Enforcement, Variation, and Termination of Support Provisions of Domestic Contracts

British Columbia

The syllabus is as follows:

  1. Introduction
  • Definition of Marriage
  • Constitutional Framework
  • Fragmentation of Judicial Jurisdiction
  • Formation and Annulment of Marriage
  1. Family Violence
  2. Divorce (Including Corollary Proceedings for Support and Custody)
  • Emotional Dynamics of Marriage Breakdown
  • Jurisdiction
  • Effective Date and Effect of Divorce
  • Recognition of Foreign Divorces
  • Recognition of foreign order that varies parenting or contact order
  • Marriage Breakdown as Ground of Divorce
  • Bars to Divorce
  • Interim, Spousal, and Child Support Orders
  • Spousal Support  Advisory Guidelines 
  • Retroactive Spousal Support Orders
  • Variational Rescission or Suspension of Corollary Support Orders
  • Retroactive Child Support Orders
  • Parenting Arrangement after Divorce
  1. Child and Spousal Maintenance under Provincial Legislation
  • Definitions of Child, Parent, and Spouse
  • Parentage
  • Statutory Support Obligations
  • Enforcement of Support Orders
  • Variation Proceedings
  1. Care of and Time with Children under Provincial Legislation
  2. Matrimonial Property
  • Definitions
  • Triggering Events
  • Nature of Interest
  • Determining and Valuing Family Property and Debt
  • Court Ordered Unequal Division of Family Property or Family Debt
  • Pensions
  • Exclusive Possession Orders
  • Spousal Agreements
  • Interim and Temporary Orders
  • Giving Effect to Property Divisions
  • Notional Disposition Costs

Judicial Civil Remedies

The lawyers who want to practice in Canada will be able to understand the nature and the reliefs ordered by the plaintiff to the court. The important topics for the exam are mentioned below. For a detailed syllabus click here.

  1. Overview of Law of Damages
  2. Damages for Breach
  3. Tort Damages for Economic Loss
  4. Damages for Harm to Property Interests
  5. Punitive Damaged
  6. Certainty and Causation
  7. Mitigation and Avoided Loss
  8. Date of Assessment
  9. Specific Performance
  10. Interlocutory and Perpetual Injunctions
  11. Mareva and Anton Piller Orders

Evidence

For understanding which evidence should be admitted under the law and how that evidence is to be used, Evidence law has been included in the syllabus.

  1. Introduction
  • The Forum: Adversarial Adjudication
  • Purpose
  • A Theory of Admissibility
  1. Structural Elements of the Law of Evidence
  • Theories and Burdens of Proof
  • Relevance
  • Inductive Reasoning
  • Limiting Instructions
  • Exclusionary Rules
  1. Mechanics of Proof
  • Formal Admissions
  • Judicial Notice
  • Real Evidence
  • Witnesses
  1. Fact-Finding
  • Direct, Identification, and Circumstantial Evidence
  • Corroboration

Civil Procedure

The course of this subject gives an understanding of the rules and procedures used in civil dispute resolution. The syllabus is as follows:

Topic Readings
Background to Civil Dispute Resolution Process Rules of Civil Procedure, R.R.O. 1990, Reg. 194, as amended (Table of Contents) (skim10)Trevor C.W. Farrow et al., Everyday Legal Problems and the Cost of Justice in Canada: Overview Report (Toronto: Canadian Forum on Civil Justice, 2016), available online: Osgoode Digital Commons; SSRN (also through the CFCJ’s website, ) (skim this report to get a sense of the landscape of everyday legal problems in Canada, how people tend to deal with them, costs, etc.) Douez v. Facebook, Inc., 2017 SCC 33 at para. 25
Basic Institution and Processes Constitution Act, 1867 (U.K.), 30 & 31 Vict., c. 3, reprinted in R.S.C. 1985, App II, No. 5, ss. 92(13), 92(14), 96-101 (skim) Courts of Justice Act, R.S.O. 1990, c. C.43 (skim) Small Claims Court Jurisdiction and Appeal Limit, O. Reg. 626/00, s. 1 (skim)Rules of Civil Procedure, R.R.O. 1990, Reg. 194, as amended (skim Table of Contents)Superior Court of Justice, Practice Directions and Policies, online: (skim)Federal Courts Act, R.S.C. 1985, c. F-7 (skim headings in Table of Contents)Supreme Court Act, R.S.C. 1985, c. S-26 (skim headings in Table of Contents) Statutory Powers and Procedure Act, R.S.O. 1990, c. S.22, ss. 3, 4, 4.8, 25.01 (skim) Ontario Human Rights Code, R.S.O. 1990, c. H.19 (skim headings in Table of Contents, with a particular focus on sub-headings in pt. IV) Arbitration Act, 1991, S.O. 1991, c. 17 (skim)
Limitation, Capacity, Standing, and Parties Limitations Act, 2002, S.O. 2002, c. 24 Peixeiro v. Haberman, [1997] 3 S.C.R. 549 at paras. 33-41 (skim balance of case)Federation of Law Societies of Canada, Model Code of Professional Conduct (Model Code), r. 3.2-9 Rules of Civil Procedure, rr. 1.03(1) (“disability”), 13, 14.06, 15.01, 15.01.1; skim also rr. 5 and 7-11Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45 at paras. 1-4, 18-52 (skim balance of case)Carroll v. Toronto-Dominion Bank, 2021 ONCA 38, paras. 31-41 (leave to appeal to SCC dismissed, 2021 CanLII 61407 (SCC))Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7 (skim)
General Matters, Commencing Proceedings, Pleadings Rules of Civil Procedure, rr. 1.03 (“action”, “application”, “originating process”, etc.), 1.04(1) and (1.1), 4.05, 4.05.1, 5, 6, 6.1, 13.1, 14, 15, 18, 25-29, and generally skim rr. 1-4, 76Courts of Justice Act, R.S.O 1990, c. C.43, ss. 1, 22-23, 138 (skim) • O. Reg. 344/19: Rules of Civil Procedure (23 October 2019) (skim regarding simplified procedures)Moosa v. Hill Property Management Group Inc., [2010] O.J. No. 624, paras. 1-7, 101-117 Copland v. Commodore Business Machines Ltd. (1985), 52 O.R. 2d 586 (Master) • Whiten v. Pilot Insurance, [2002] 1 S.C.R. 595, paras. 1-4, 84-92, 141-142 Limitations Act, 2002, S.O. 2002, s. 21Model Code, rr. 5.1-1, 5.1-2 (skim)Negligence Act, R.S.O. 1990, c. N.1, s.1 (skim) 
Class Proceedings Class Proceedings Act, 1992, S.O. 1992, c. 6 Law Society Act, R.S.O. 1990, c. L.8, ss. 52, 55(1), 59.1-59.5 (skim) Class Proceedings, O. Reg. 771/92, as amended, ss. 5, 10, 11 (skim) Rules of Civil Procedure, r. 12 (skim) Hollick v. Toronto (City), [2001] 3 S.C.R. 158Rumley v. British Columbia, [2001] 3 S.C.R. 184 AIC Limited v. Fischer, [2013] 3 S.C.R. 949 (skim) Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7 (skim) 
Jurisdiction,  Service Constitution Act, 1867 (U.K.), 30 & 31 Vict., c. 3, reprinted in R.S.C. 1985, App II, No. 5, ss. 91 and 92 Courts of Justice Act, R.S.O 1990, c. C.43, ss. 11(2), 106, 138 Rules of Civil Procedure, rr. 16-17, 25.03 Club Resorts Ltd. v. Van Breda, [2012] 1 S.C.R. 572 
Discovery, Evidence, and Experts Rules of Civil Procedure, rr. 1.03(1) (“discovery”, “document”, and “electronic”), 1.04(1), 1.04(1.1), 29.1, 29.2, 30, 30.1, 31, 32-36, 39.04, see also rr. 4.1, 12.03, 76.03-76.04 • Model Code, r. 5.1 
Case Management, Pre-Trial Conferences, ADR Rules of Civil Procedure, rr. 1.04(1), 1.04(1.1), 24.1, 50, 77, skim also r. 76.08 Model Code, r. 3.2-4 Practice Advisory Concerning the Provincial Civil Case Management Pilot – One Judge Model.Commercial Mediation Act, 2010, S.O. 2010, c.16, Sch. 3 (skim) • Arbitration Act, 1991, S.O. 1991, c. 17 (skim) 
Motions, Interlocutory Relief Rules of Civil Procedure, rr. 1.03(1) (“motion”, “moving party”), 4.06, 37, 39, 40, and skim rr. 41-45 Courts of Justice Act, R.S.O 1990, c. C.43, ss. 87, 101 RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311 at pt. I (“Factual Background”) and pt. VI (“Analysis”)
Disposition without Full Trial Rules of Civil Procedure, rr. 2.1, 19-24, 25.11; see also r. 48.14 (skim)Hryniak v. Mauldin, [2014] 1 S.C.R. 87 at paras. 1-7, 23-33, 34-79 
Trial, Applications, References, Judgements, Appeals Rules of Civil Procedure, rr. 38-39, 46-48, 51-55, 59-60, 61-63 (skim) 
Pluralism of Participants and Processes Truth and Reconciliation Commission of Canada, Honouring the Truth, Reconciling the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada (Truth and Reconciliation Commission of Canada, 2015), pp. 164-165, 166-170 (and skim balance), online: TRC Commercial Mediation Act, 2010, S.O. 2010, c.16, Sch. 3 (skim) Arbitration Act, 1991, S.O. 1991, c. 17 (skim) 
Costs and Fees Courts of Justice Act, R.S.O 1990, c. C.43, s. 131Rules of Civil Procedure, rr. 1.03, 1.04, 49, 56-57, 58 (skim), 76.13, Tariff A (skim)Class Proceedings Act, 1992, S.O. 1992, c. 6, ss. 31-33.1 Solicitors Act, R.S.O. 1990, c. S.15, ss. 15, 16, 20, 28.1 Model Code, r. 3.6 
Access to Justice Law Society Act, R.S.O. 1990 c. L.8, s. 4.2 Hryniak v. Mauldin, [2014] 1 S.C.R. 87 (skim regarding a “culture shift”) Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), [2014] 3 SCR 31 (skim) Trevor C.W. Farrow, “What is Access to Justice?” (2014) 51:3 Osgoode Hall L.J. 957.Action Committee on Access to Justice in Civil and Family Matters, Access to Civil & Family Justice, A Roadmap for Change (Ottawa: Action Committee on Access to Justice in Civil and Family Matters, October 2013)
Other Topics and Issues Rules of Civil Procedure, rr. 19, 23-24, 48.14, 60.11, and skim rr. 64-75.2 Penner v. Niagara (Regional Police Services Board), [2013] 2 S.C.R. 125 (skim) Joint E-Hearings Task Force of The Advocates’ Society, Ontario Bar Association, Federation of Ontario Law Associations & Ontario Trial Lawyers Association, Best Practices for Remote Hearings (13 May 2020) 

Taxation

Through this subject the lawyers will be able to learn about Canada’s income tax system and personal income tax. The important topics include

Topic Readings
Introduction: Policy, Politics, Design
The Tax system’s role as, an Economic and Social Policy Instrument Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 1 32-68
ITA: Overview of Basic Structure Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 4, 145-197, Chapter 12, 506-509Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020) 72-93Income Tax Act Section 2,3,4
Statutory Interpretation Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 2, 78-93Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 737-745
Who is subject to Tax
Residents Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 3,99-113,116-119Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 107-135Income Tax Act, section  2(1); 2(3); S 114; Sub-s 250(1)(a); 250(3); 250(5). S 253, 250(4)(a)(c) S 248(1)
Non-Residents and Tax treaties Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 3, 113-116; 135-136Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 140-145; 156 -167 
First Nation Taxation Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 3,137-139Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 168-196
Employment
Who is an Employee Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 3,137-139Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 168-196
Employment Income: inclusions Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 3,137-139Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 168-196
Employment Income: Deductions Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 3,137-139Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 168-196
Terminating Employment Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 3,137-139Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 168-196
Income from Business and Property
Overview ad Characterization Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 7, 328-351Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 285-303; 303-306; 503- 523Income Tax Act s 9
Tyoe of Property Income Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 8, 361-363; 368Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 306-310; 315; 318-319 Income Tax Act Para 12(1)(c), Sub-S 12(3),(4)  
Deductions to Determine Profit Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 9,377-410Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 319-393Income Tax Act  S 9, para 18(1)(a),(b),(h), S 67, 67.1, 67.2;67.6; 20(1)(c)(i)(ii);20(3); ITA 67.5
Capital Expenditure Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 11,464-487Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 445-478
Capital Gains and losses Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter13, 527-539;543- 547;551-555; 561-566;571- 580 Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 19 717; 720- 523;527-528;732-735;Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 497-558Income Tax Act paras 3(b)(d), S 38, paras 39(1)(a),(b), Sub-s 39(9), paras 40(1)(a)(i),(b)(i),&(b)(ii), Sub-s 41(1), S 45, para 46(1)(a), Subs 46(2), scan SS 53, 54 & 68, paras 54(c),(h),(g) 
Refining the basis of Liability
Subdivision e deduction and Tax Credits Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 577-671
Tax, Evasion, and Tax Avoidance
Judicial limits Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 22, 827-858Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 752-795
General Anti-Avoidance Rule Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019) Chapter 22,827-858Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020), 752-795

For a detailed syllabus click here.

Commercial Law

To know how the legal sector helps businesses to make money and expand the economy. The syllabus is as follows:

  1. Secured Transactions
  • Background to Personal Property Security Act (P.P.S.A)
  • Application of P.P.S.A.
  • Attachment and Perfection of a Security Interest
  • Priorities
  • Security Interest Excluded from scope P.P.S.A
  • Default- Rights and Remedies under P.P.S.A
  1. Penalties and Liquidated Damages
  • Case Law
  • Economic Analysis of Law
  1. Sale of Goods
  • Introduction to Sale of Goods Act
  • Rules for Determining Passing of Property

Note: Please check Exam outlines and sample time for the updated syllabus. 

Trust

This subject will make the candidate understand the doctrines of trust that apply in Canada, the rules, and how to apply the law in solving practical problems. The topic in the syllabus is as follows:

Topic  Readings
Equity and Overview
The Trust concept Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015), 5-15, 37-68A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019) 3-34Eileen E. Gillese, The Law of Trusts (3rd ed.)(Toronto: Irwin Law, 2014), 1-18
Equity, Equity’s primary tools, and the common law Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015) 369-406A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019) 671-807,1047-1151
The fiduciary concept introduced Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015) 769-838A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019) 73-115
The constructive trust Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015) 449-521A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019) 700-807Eileen E. Gillese, The Law of Trusts (3rd ed.)(Toronto: Irwin Law, 2014), 123-144
The Express Trust- The role of the participants
The settlor Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015) 69-81A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019) 175-177, 311-316Eileen E. Gillese, The Law of Trusts (3rd ed.)(Toronto: Irwin Law, 2014), 39-43,47-53,81
The beneficiary Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015) 73, 150-165,328-350A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019) 34-37,177-178, 316-360,1052-1059Burke v Hudson Bay Co. [2010] 2. S.C.R. 273, paras,1-6, 27, 29, 23-37, 41, 48- 60, 62, 72, 81-82, 86-88, 90, and 93.Eileen E. Gillese, The Law of Trusts (3rd ed.)(Toronto: Irwin Law, 2014), 90-105
The trustee Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015) 394-402, 551-603, 603-629A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019) 1097-1153, 1155-1210Boughner v. Greyhawk Equity Partners Ltd. Partnership (Millenium) 2013 ONCA 26 Re Graphicshoppe Ltd. [2005] O.J. No. 5184 (C.A.). Horizon FX Investments Inc. (Re) 2010 BCCA 594 B.M.P. Global Distributions Inc. v. Bank of Nova Scotia [2009] 1 SCR 504 (read the facts and paras. 75-86. Easy Loan Corp. v. Wiseman 2017 ABCA 58
The Express Trust- Establishing the Express Trust
Establishing the trust Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015) 70-73, 74-87, 376-393A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019), 175-177 Eileen E. Gillese, The Law of Trusts (3rd ed.)(Toronto: Irwin Law, 2014), 41-47, 51-53Antle v Canada [2010] F.C.J. No. 1317 (Fed.C.A.), leave to appeal refused [2010] SCCA No. 462
The Resulting Trust
Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015) 411-446A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019), 553-670Kerr v Baranow [2011] 1 SCR 269, paras1-3, 12-29 Rascal Trucking Ltd. v. Nishi [2013] 2 SCR 439

Registration for the exam

Once the registration is open, and the applicant has received the assessment decision by the NCA, they can register for the exam. Remember if the candidate has not attended a Canadian law school program to meet the NCA requirement or has not cleared the NCA assessment, they can’t register for the exam. 

Fees

The exam fee is $475 CDN plus applicable taxes. You are advised to keep checking the NCA website for the latest fees.

Cancellation fees

If a candidate wants to cancel their exam, they are free to do so. However, a cancellation fee of $100 CDN plus taxes is charged for each exam that is canceled. Want to cancel your scheduled exam? Make sure to do it before midnight the day before the exam. The exam can be canceled by signing into your NCA Portal account. All you need to do is-

  • go to ‘My Course info’ look for ‘Exam History’ and select ‘Refund’.
  • Click on the refund button on the exam you want to cancel. (Remember to make a separate refund request for each exam)

Refund Policies

The NCA exam Refund policy is as follows:

Application fees

The application fee is $500 and is non-refundable.

Assessment appeal fees

The assessment appeal fee is $280 and is non-refundable.

Exam fees

The exam fee is $475 plus taxes and is refundable upon request. However, if a candidate cancels their scheduled exam, they will have to pay administrative fees of $100 plus taxes. Regarding the refund, it is credited to the same credit card that the candidate had used to register for the exam. Further, the candidate will lose their entire exam fee if they don’t cancel the exam or don’t show up to write the exam.

Exam appeal fees

The exam appeal fee is $250 for each appeal filed and is non-refundable.

NCA exam schedule

The NCA exam is a three-hour long exam held in either the morning ( 07:00-10:00- eastern time), midday (11:00-14:00- eastern time), or evening shift (14:00-17:00- eastern time). The candidates are free to choose the time and date of the exam. The exam time will be posted on the candidate’s NCA portal. If the candidate wishes to change the time or date, the same can be requested by contacting MonitorEDU at [email protected]. Further, if an applicant wishes to cancel his/her exam, a request can be placed through the NCA portal of the applicant but before Midnight (Eastern) of the day before the exam.

For those who are planning to attempt the NCA exam in the 2024 session. Here is the schedule for the exam along with the exam registration opening and closing dates.

Date Subject Shift
January ’24
8 Canadian Constitutional Law Morning
9 Canadian Constitutional Law Afternoon
10 Canadian Constitutional Law Morning
11 Canadian Constitutional Law Afternoon
12 Commercial Law Midday
15 Foundation of Canadian Law Morning
16 Foundation of Canadian Law Afternoon
17 Foundation of Canadian Law Morning
18 Foundation of Canadian Law Afternoon
19 Property Morning and Afternoon
Registration: Opens on 20 November  2023Closes on 14 December 2023 ( 23:00 – Eastern Time)
Date Subject Shift
February ’24
5 Canadian Professional Responsibility Morning
6 Canadian Professional Responsibility Afternoon
7 Canadian Professional Responsibility Morning
8 Canadian Professional Responsibility Afternoon
9 Business Organizations Midday
12 Canadian Criminal Law Morning
13 Canadian Criminal Law Afternoon
14 Canadian Criminal Law Morning
15 Canadian Criminal Law Afternoon
16 Torts Midday
20 Contracts Morning and Afternoon
21 Tax Midday
Registration: Opens on 11 December 2024Closes on 4 January 2024 ( 23:00 – Eastern Time)
Date Subject Shift
March ’24
4 Canadian Administrative Law Morning
5 Canadian Administrative Law Afternoon
6 Canadian Administrative Law Morning
7 Canadian Administrative Law  Afternoon
8 Remedies Midday
11 Civil Procedure Midday
Registration: Opens on January 15 2024   Close at February 8, 2024 (23: 00 Eastern)
Date Subject Shift
April ’24
2 Canadian Constitutional Law Morning
3 Canadian Constitutional Law Afternoon
4 Canadian Constitutional Law Morning
5 Canadian Constitutional Law Afternoon
8 Family Law Midday
9 Foundation of Canadian Law Morning
10 Foundation of Canadian Law Afternoon
11 Foundation of Canadian Law Morning
12 Foundation of Canadian Law Afternoon
15 Evidence Midday
16 Trusts Midday
Registration: Opens on 12 February, 2024Closes on March 7, 2024 ( 23:00 – Eastern Time)
Date Subject Shift
May ’24
6 Canadian Professional Law Morning
7 Canadian Professional Law Afternoon
8 Canadian Professional Law Morning
9 Canadian Professional Law Afternoon
13 Canadian Criminal Law Morning
14 Canadian criminal Law Afternoon
15 Canadian Criminal Law Morning
16 Canadian Criminal Law Afternoon
17 Contracts Morning and Afternoon
Registration: Opens on 4,March 2024Closes on 28, March,2024 ( 23:00 – Eastern Time)
Date Subject Shift
June ’24
3 Canadian Administrative Law Morning
4 Canadian Administrative Law Afternoon
5 Canadian Administrativel Law Morning
6 Canadian Administrativel Law Afternoon
7 Torts Midday
10 Property Morning and Afternoon
Registration: Opens on 15 April, 2024Closes on 9 May 2024 ( 23:00 – Eastern Time)
Date Subject Shift
July ’24
8 Canadian Constitutional Law Morning
9 Canadian Constitutional Law Afternoon
10 Canadian Constitutional Law Morning
11 Canadian Constitutional Law Afternoon
12 Commercial Law Midday
15 Foundation of Canadian Law Morning
16 Foundation of Canadian Law Afternoon
17 Foundation of Canadian Law Morning
18 Foundation of Canadian Law Afternoon
Registration: Opens on 13 May 2024Closes on 6 June 2024 ( 23:00 – Eastern Time)
Date Subject Shift
August ’24
6 Canadian Professional Law Morning
7 Canadian Professional Law Afternoon
8 Canadian Professional Law Morning
9 Canadian Professional Law Afternoon
12 Canadian Criminal Law Morning
13 Canadian Criminal Law Afternoon
14 Canadian Criminal Law Morning
15 Canadian Criminal Law Afternoon
16 Business Organization Midday
19 Remedies Midday
20 Tax Midday
Registration: Opens on 10 June 2024Closes on 4 July 2024 ( 23:00 – Eastern Time)
Date Subject Shift
September ’24
3 Canadian Administrative Law Morning
4 Canadian Administrative Law Afternoon
5 Canadian Administrative Law Morning
6 Canadian Administrativel Law Afternoon
9 Contracts Morning and Afternoon
10 Civil Procedure Midday
Registration: Opens on 15 July, 2024Closes on 8 August 2024 (23:00 – Eastern Time)
Date Subject Shift
October’24
7 Canadian Constitutional Law Morning
8 Canadian Constitutional Law Afternoon
9 Canadian Constitutional Law Morning
10 Canadian Constitutional Law Afternoon
11 Evidence Midday
15 Foundation of Canadian Law Morning
16 Foundation of Canadian Law Afternoon
17 Foundation of Canadian Law Morning
18 Foundation of Canadian Law Afternoon
21 Trusts Midday
Registration: Opens on 19 August, 2024Closes on 12 September 2024 ( 23:00 – Eastern Time)
Date Subject Shift
November ’24
4 Canadian Professional Responsiblity Morning
5 Canadian Professional Responsiblity Afternoon
6 Canadian Professional Responsiblity Morning
7 Canadian Professional Responsiblity Afternoon
8 Family Law Midday
11 Canadian Administrative Law Morning
12 Canadian Administrative Law Afternoon
13 Canadian Administrative Law Morning
14 Candian Criminial Law Afternoon
15 Property Morning and Afternoon
18 Canadian Administrative Law Morning
19 Canadian Administrative Law Afternoon
20 Canadian Administrative Law Morning
21 Canadian Administrative Law Afternoon
22 Torts Midday
Registration: Opens on 9 September 2024Closes on 3 October 2024 ( 23:00 – Eastern Time)

No exam is scheduled in December 2024.

Note: Candidates are advised to regularly check the Advisories section for the latest updates by the NCA.

Rewrites and attempts

To write the NCA exam, a candidate has three opportunities. If the candidate is still not able to clear the exam,  the candidate can request a fourth attempt (This will be the final attempt no further requests will be entertained by the NCA). To request a fourth attempt you need to submit a written request to the Executive Director stating that you understand that the fourth attempt is the last attempt, if you fail no more opportunity will be granted to you and you will be required to take the course in law school. Further, if the Executive Director raises any query the candidate must answer such queries within the specified time specified by the Executive Director. The candidate is required to pay the fees for every attempt.

Please note that it is not certain that you will be allowed for a fourth attempt. It is the sole discretion of the Executive Director. Once the Executive Director decides the same will be intimated to the candidate.

Timeline for completing the NCA exams

Particulars Time Period
Registration 6-8 weeks before the exam date
Exams Conducted 12 times in a year 
Results 10-12 weeks after the last scheduled exam
Failure in exam Register again after receiving the result of last attempt
Exam Appeal  2 weeks after the date of exam material is available for review.

Accommodation Request

If any of the candidates has a disability or medically diagnosed condition, the candidate can request accommodations from the Examination Department at [email protected]. Accommodation can be asked for special needs like exams with large fonts if the candidate is visually impaired or extra time if the candidate is disabled etc. The request should be made at least 30 days before the exam with the supporting documents. The request will then be reviewed by the examination department.

Language Proficiency requirements

Are you a candidate comfortable writing in French language? Don’t worry! Both English and French languages are Canada’s official languages and are acceptable by the Federation of Law Societies of Canada. The candidate just needs to send a written request to the Examination Department at [email protected] before the exam registration deadline.

Result

There is no rush in evaluating the candidate’s answers, the NCA releases the results once all the answers are thoroughly checked and evaluated. The tentative time of results is about 10 – 12 weeks from the last exam’s date in each session. The candidate will be declared either pass or fail in the exam. (Pass is when the candidate gets 50% of the total marks ). Once the results are evaluated, the candidate can check the results from the NCA Portal.

You must be thinking what if you a candidate fail an exam? In this case, the NCA gives a an opportunity to the candidate to review their exam with a memo from the examiner which explains the reasons for the marks. If the candidate is still not satisfied the candidate can appeal. The process of review and appeal is discussed in a later section.

NCA exam process

The NCA has a comprehensive process of assessment that is based on both the academic and professional profile of the applicant. It is a series of assessments that evaluates the individual before he or she may apply for admission to the law society in Canadian common law jurisdiction. The NCA exam process is as follows:

Self-assessment 

The first step is to know whether your current qualifications make you eligible to apply for the NCA assessment process or not. This step is known as self-assessment wherein you need to answer a few basic questions. Here is a snapshot of the questions that are asked in self-assessment.

If you select ‘yes’ or ‘no’ in the question ‘Did you get your law degree through a distance education (online) program?’ you will get a message Congratulations! Your legal education and training qualify you to apply for an NCA assessment. When you will scroll down you will get the assessment result. This assessment result mentions the law program you need to complete, the exams that you need to complete, or the additional subjects that may be assigned to you.

Law degree through distance education (online) program

If you have completed your law degree through online distance education, you must complete two years of in-person instruction in a law program acceptable to the NCA. However, this two-year requirement will be reduced to one year in person for applicants who hold a law degree from a program providing two years of Interactive Online Instruction. To learn about Interactive Online Instructions refer to the NCA Policies (Section 7.2). The law program includes  5 mandatory Canadian law courses (in bold) and optional subjects:

  1. Canadian Administrative Law
  2. Canadian Constitutional Law
  3. Canadian Criminal Law
  4. Foundation of Canadian Law
  5. Canadian Professional Responsibility
  6. Family Law
  7. Contract
  8. Torts
  9. Property
  10. Remedies
  11. Business organization
  12. Taxation
  13. Evidence
  14. Civil Procedure 
  15. Commercial Law
  16. Trust

If an applicant has received some in-person instruction or instruction that involves direct interaction between the instructor and students (according to the national requirement) in an approved Law program, the two-year requirement can be reduced but it is the sole discretion of the Executive Director. However, in-person instruction or Interactive Online Instruction obtained at any Local Learning Centre will not be counted towards meeting the interactive learning requirement and will not be considered for reduction of the two-year requirement.

For completing your two years of in-person instruction, you have the flexibility to choose from the below three options:

  1. Enroll in a one-year course-based LL.M program coupled with either a Legal Practice Course (LPC) or a Graduate Diploma in Law (GDL) in England, Wales, or Northern Ireland.
  2. Pursue two one-year course-based LL.M programs at any accredited law school in any common law jurisdiction.
  3. Opt for a two-year LL.M. program

To fulfill the one-year in-person requirement, you can choose from the following options:

  1. Pursue a one-year course-based LL.M. at any accredited law school in any common law jurisdiction.
  2. Undertake LPC or GDL either in England or another common law jurisdiction
  3. Enroll in a course in common law J.D. or LL.B.

If additional legal studies are completed as a part of a one-year program, it must consist of a minimum of 50% in-person instruction. The remainder should be delivered through Interactive Online Instructions.

Law degree not through distance education (online) program

If you have not completed your law degree through a distance education (online) program, the assessment will be based on the 5 mandatory subjects along with a course in legal research and writing which is either approved by a Canadian common law program or the NCA legal research and writing module with the Canadian Centre for Professional Legal Education (CPLED).

Legal research and writing

This is not a subject that you need to take the exam for. However, a course that a candidate must complete if their legal qualifications are assessed after January 1, 2022. This course must be completed either by an approved Canadian common law program or through CPLED.

NCA legal research and writing module with CPLED

A nine-week online course with CPLED divided into two modules. After every module, the candidate will have to give a multiple-choice quiz and four assignments which include a research and writing component. Module 1 includes legal research, fact gathering and case management and Module 2 includes legal writing.

For admission to this course, a candidate needs to show proof of the assessment report given by the Federation of Law Societies of Canada.

Schedule of the course 
Session Registration open Registration closes Start Date of Course Ends date of course Result Date
Winter 2024 November 2, 2023 December 20, 2023 January 10, 2024 March 13, 2024 April 9, 2024
Fall 2024 February 14, 2024 March 20, 2024 April 3,2024 June 5, 2024 July 3, 2024
Fees of the course

The fees of this course is CAD 450 plus taxes. The candidates are advised to regularly check the website for updated fees.  The fees are to be paid either through bill payments or wire transfers.

For detailed information about the course details visit Legal Research and Writing (LRW) Course – CPLED.

How to apply for NCA evaluation 

Once an application is submitted to NCA it is meticulously evaluated focusing on your educational and professional background.

Eligibility to apply

To be eligible to apply for NCA the applicant must have a Qualifying law degree. No matter where an applicant is from they can apply from any part of the world, as the assessment process does not take into account the citizenship, nationality, and place of residence. Further, the application is open for all internationally trained legal graduates irrespective if they are a:

  1. a newcomer to Canada with a law degree
  2. a Canadian citizen who has received legal education in another country
  3. A legal graduate planning to immigrate to Canada
  4. Canadian Law Graduate

Application process

Before applying for the NCA, the first thing that you should do is keep all the required documents handy. Once you have all the documents the applicant must complete the online application form. The first step of your NCA application requires you to fill in your name, date of birth, and Email.

Once you submit this form you will receive a file number and a password which will enable you to access your profile and track the status of your application.

Timeline for application process

Wondering how much time to apply to the NCA? 

Process Time 
Gathering documents 2-6 weeks
Assessment process 6-8 weeks
Completing assignments 5 years

Required documents

The applicant is required to keep the following documents handy with them:

  1. All the original documents for courses completed during the pre-law university-level education;
  2. Online assessment application form;
  3. All the official documents related to the course completed in an approved Canadian common law program or an approved law program;
  4. Updates curriculum vitae (CV);
  5. Documents related to the Applicant’s standing with the bar in the Relevant Jurisdiction if currently or formerly licensed,

Method of submitting documents

It should be noted that NCA will not accept these documents that are directly submitted by the applicant.

For submission of pre-law school documents

The original transcripts of the pre-law university must be directly sent by the applicant’s law school to the NCA

For submission of law school and licensing documents

These documents should also be sent directly by the issuing institution to the NCA.

You must be wondering whether these original pre-law school documents are returned or not. The NCA does not return your original documents unless the applicant asks for them. If the applicant wants the originals, they need to keep a copy of them along with the originals. Once the NCA receives the documents, they will keep the copies and return the originals to the applicant.

Mode of delivery of documents

All the above-mentioned documents must be sent by post, courier, or through a secure document share service to [email protected]. The following are the shared services that are accepted by the NCA:

  1. Digitary CORE
  2. eScript-Safe
  3. ETranscript (Michigan State University)
  4. ETX-NG
  5. Grad Intel
  6. HEAR
  7. MyCreds
  8. My eQuals
  9. National Student Clearing House: Electronic Transcript Exchange
  10. OpenCerts™
  11. Parchment: Digital Credential Service
  12. PremierCert
  13. TranscriptsNetwork by Credentials Solutions

The mailing address of the NCA is as follows:

Federation of Law Societies of Canada

c/o National Committee on Accreditation

World Exchange Plaza

1810 – 45 O’Connor St.

Ottawa, ON

K1P 1A4

Submission of forged documents

If the NCA finds that an applicant or a third party on behalf of the applicant has submitted forged documents, the NCA may take any of the following actions (but not limited to) as it deems appropriate:

  • rejection of the application;
  • forfeiture of any fees paid;
  • Cancellation of existing assessment decision and invalidation of any requirements already met;
  • preparation of a written report on the applicant’s conduct  to be shared with Canadian law Societies and the Regulatory Authority;
  • record of misconduct of the applicant file affecting eligibility for future application;
  • notation of misconduct on any issued certificate of qualification;
  • suspension or permanent expulsion from the NCA process;
  • initiation of legal proceedings by the NCA against the Applicant for damages;
  • pursuit by the NCA of any other available legal remedies; and
  • imposition of additional consequences as the NCA may deem appropriate.

Translation of documents

If the applicant’s documents as mentioned above are in a language other than English or French, they must be translated to English or French and should be submitted along with the original documents to the NCA. To be accepted by the NCA, the following conditions must be satisfied:

  1. The translation must be of the original documents
  2. The translation must be:
  • performed and certified by a certified translator; or
  • performed by a non-certified translator and accompanied by a affidavit of the translator, affirming their qualifications and validating the accuracy of the translation. It should be noted that the Executive Director holds the sole discretion of determining whether the translator’s qualification or the translation is adequate or not. For the translator’s qualifications, the Executive Director can also seek external opinions.

What after the submission of documents? Once the complete application form and the payment are received by the NCA, they shall within ten business days send the applicant an email explaining how to use the NCA portal. If required, the NCA can also ask for additional documents or information. When the NCA is satisfied with all the documents, they will require six to eight weeks to process the applicants; applications and email the applicants the assessment.

NCA assessment process

The NCA assessment process is very comprehensive. NCA evaluates every application on an individual basis. Once the assessment process is completed by NCA, they will send the applicants a letter informing the legal education the applicant would need. This is done to ensure that the applicant’s knowledge of Canadian law is similar to the knowledge of those who have received their law degree from an approved Canadian Common law program. The following is the assessment process of the NCA:

  1. The first step is to submit an application. The required documents should be uploaded and the fees should be paid.
  2. Once the application is submitted, the NCA will assess the candidate’s legal education and experience.
  3. After assessment, the NCA will instruct you to complete certain assignments which will include writing NCA exams or taking courses at the Canadian law school.
  4. Complete your assignments
  5. Once all your assignments are completed and the requirements are met, you will be given a Certificate of Qualification by the NCA.

Assessment criteria

The NCA uses the following criteria to assess the applicant’s qualifications:

Pre-Law education

The NCA evaluates the applicant on whether they have completed a minimum of two years of full-time post-secondary education in a university-level program recognized by the post-secondary educational authority in the relevant jurisdiction before attending law school. 

In case the applicant does not meet this criteria, the NCA assigns the applicant additional Legal subjects that need to be completed. However, the Executive Director can waive this requirement in the following cases:

  • If the applicant has a law degree from a program longer than three years in duration (like an integrated B.A./LL.B.)
  • If the applicant after completion of a law degree has also completed post-secondary education in a university-level program. This includes courses like B.A., LL.M, M.B.A.
  • If the applicant after completion of law degrees has completed a bar admission course or other legal education program required for licensure as a lawyer, barrister, or solicitor.
  • If the applicant has a minimum of five years of professional legal experience.

Legal education

The following aspects are assessed in the applicant’s legal education:

Academic program completion

As mentioned above, the main criteria for assessment is that an applicant must have a qualifying Law degree. The NCA assesses the applicant based on the courses completed under advanced standing, law degree obtained through Local learning centres such as distance learning, and law degree obtained licensure through regulatory authority.

Substantive Legal knowledge requirements

Under this the NCA assesses the competence of the applicant under the five core subjects– 

  • Canadian Administrative Law
  • Canadian Constitutional Law
  • Canadian Criminal Law
  • Canadian Professional Responsibility
  • Foundations of Canadian Law, and Contract, Property and Torts. 

These subjects must be completed in the NCA exam or by completion of a course approved by the Canadian Common Law program. 

For demonstrating competence in the subject – Contracts, Property, and Torts, if the applicant –

  • is from a Common Law Jurisdiction, needs to complete courses in the subjects as part of a law degree obtained from an approved law program or licensing process in a common law jurisdiction. However, this is subject to the mode of study/interactive learning and legal academic performance requirements.
  • is from mixed law jurisdiction, is assessed based on the common law content of their qualifications. The applicant needs to demonstrate proficiency in additional legal subjects, but this is if the Executive Director finds that the applicant’s exposure to the common law is not sufficient.
  • is a Canadian civil law graduate licensed by Barreau du Quebec, will be granted a Certificate of Qualification upon review of their application
  • is a Canadian civil law graduate unlicensed by Barreau du Quebec can demonstrate competence by completing these subjects. The applicant must demonstrate proficiency in the contracts, torts, property, and Canadian professional responsibility unless already completed in an approved law program in common law jurisdiction.
  • is from non-common law jurisdictions outside of Canada, needs to have sufficient exposure to the common law which can be obtained by –
  • having a common law degree (LL.B, B.C.L, J.D., LL.M )
  • getting a license as a lawyer, barrister, or solicitor in common law jurisdiction by completing substantive course work and/or examination.
  • getting a certificate as a paralegal or notary in common law jurisdiction.

It should be noted that the Executive Director has the sole discretion to determine whether any course work and/or examination, paralegal, or notary certification process and some of the courses are sufficient to proceed in the NCA assessment process.

Length of the law program

Applicants will be assessed on whether they have completed three years in a law program or not. In case the requirement is not met, the applicant must demonstrate competency either by

  • completing additional legal subjects through the NCA examination or courses or programs (J.D., LL.B. LL.M), or
  • Having five years of professional legal experience practising as a licensed lawyer, barrister, or solicitor in a Common Law Jurisdiction or teaching in an Approved Law Program.

The additional legal subjects include business organizations, civil procedure, evidence, commercial law, family law, and remedies. How many additional legal subjects does the applicant need to study? This will depend on the length of the law program completed by the applicant.

Mode of study

NCA assesses the mode of study for courses along with the spectrum of interaction from in-person to interactive online instruction. To learn about Interactive Online Instructions refer to the NCA Policies (Section 7.2).

Academic performance

The applicant will be assessed on his command of the legal concepts studied during their legal education. Further, the applicant’s overall academic performance during a law degree and the academic performance in core subjects are also assessed.

For the applicant’s overall legal academic performance to be acceptable, it must qualify them for admission to the bar in the relevant jurisdiction. If the applicant’s overall legal academic performance is unacceptable they will not be acknowledged for the degree. The applicant need not worry, as unacceptable overall legal performance requirements can be rectified by completing additional legal studies. However, no credit will be granted for any course taken during the first law degree. Nevertheless, any core subject completed during additional legal studies will be considered.

The applicant must also complete courses in torts, property, and contracts to demonstrate acceptable performance. If an applicant receives a failing grade or grade less than 5% of 5 (five) marks, whichever is higher, above the passing grade in any of these courses, then this will be considered unacceptable legal academic performance. If an applicant’s legal academic performance is unacceptable, the applicant must complete the subject through NCA exams or Additional legal studies.

Currency of qualifications

This means that the qualification of the applicant should be up to date at the time the file was ready for assessment. To be deemed up to date, the applicant must show that during the past five years, he has been attending a qualified law degree program, pursuing additional legal studies, and gaining legal experience. Further, the applicant can also show that he or she has been taking part in a combination of legal studies and legal experience. There may be a case when the applicant’s qualifications are not current at the time the file was ready for assessment, in such a scenario the qualifications will be considered “stale” and the applicant will accordingly be assigned core subjects or additional legal subjects.

The applicant who does not have current qualifications will be assigned one of the contract, property, and torts for each five-year up to a maximum of fifteen years. Where these subjects have already been assigned, additional legal subjects shall be assigned. In case more than fifteen years have passed, the applicant must complete a minimum of four subjects and the final number of subjects will be determined by the Executive Director. If an applicant has been assigned more than 10 subjects, the Executive Director will require the completion of these subjects or accept alternatives through in-person instruction at an approved Canadian common law program or approved law program.

Skill competencies

The NCA will assess the applicant on their problem-solving skills, oral and written communication, and legal research skills. To showcase the problem-solving skills, the applicant should be able to demonstrate that he or she can:

  • identify relevant facts;
  • identify legal, practical, and policy issues;
  • research legal, practical, and policy issues;
  • analyze the outcome of the research;
  • apply the laws to the facts; and
  • Identify and assess the alternative for resolving the issue or dispute.

Applicant must be able to show proficiency in legal research by:

  • identifying legal issues;
  • choosing relevant sources and methods and conducting legal research relevant to Canadian law
  • using legal reasoning and argument techniques
  • identifying, interpreting, and applying results of research; and
  • effectively communicating the result of the research.

This requirement must be satisfied by completing a course in legal research and writing either approved by the Canadian Common Law program or through the NCA legal research and writing module with the Canadian Center for Professional Legal Education (CPLED).

Lastly, the applicant must be able to show proficiency in oral and written communication in English and French by:

  • Identifying the purpose of the proposed communication;
  • using the correct grammar, spelling, and language; and
  • Effectively formulating and presenting well-reasoned and accurate legal arguments, advice, or analysis.
Language proficiency requirements

One of the essential requirements that applicants need to demonstrate. English and French are the official languages of Canada, the NCA assesses the proficiency of the applicant in communicating in at least one of the official languages. The applicant should demonstrate that:

  • language of instruction of the applicant qualifying for the law degree was English or French, and
  • the qualifying law degree was obtained in a country where English or French is an official language.

What to do if the language requirements are not met? In this case, the applicant must provide evidence of completion within two years of their file being prepared for assessment. The evidence can be either a test accepted by Immigration, Refugees and Citizenship Canada: 

  • as proof of English language proficiency with a minimum score set by the NCA; or
  • Immigration, Refugees and Citizenship Canada or Immigration Quebec as proof of French language proficiency, with a minimum score set by the NCA.

The Executive Direction sets the minimum score that is required in each of the following elements: writing, speaking, reading, and listening.

Please note that all the relevant documents regarding the completion of language tests and scores attained should be directly sent by the testing administration to the NCA.

NCA language test requirements

NCA accepts the following test and the required scores:

For English-

  • Canadian English Language Proficiency Index Program (CELPIP) – If the applicant selects this exam then the General CELPIP exam must be taken and a minimum of 9 must be scored in the Reading, Writing, Listening, and Speaking categories.
  • International English Language Testing System (IELTS)– The applicant must take the General Training Option test and score at least 7 in the Reading, Writing, Listening, and Speaking categories.

For French-

  • TEF Canada: Test d’évaluation de français– The applicant must score a minimum of –
    • 248 in writing comprehension,
    • 298 in oral comprehension, 
    • 371 in written expression, and 
    • 371 in oral expression.
  • TCF Canada: Test de connaissance du francais– The applicant must score a minimum of –
    • 524 in writing comprehension, 
    • 523 in oral comprehension,
    • 14 in written expression and oral expression.
Previous misconduct finding

There may be applicants who at any time before applying for the assessment have been convicted of any misconduct. The NCA assesses this criteria as well.

Assignments

When the application is assessed by the NCA, they will send a letter to the applicant which will describe the legal education (assignments) the applicant would need. This is done to ensure that the applicant’s knowledge of Canadian law is similar to someone who has got their degree from an approved Canadian common law program. Any one of the following paths will be given to the applicant:

  1. Pass the NCA exams, or
  2. Study the assigned subjects at a Canadian law school, or
  3. Combination of 1 and 2, i.e. pass the NCA exams and complete the assigned subjects at Canadian law school.

Note: Make sure to complete these assignments within five years of the date of assessment issued. In any case, if the applicant is not able to complete it within the stipulated time, an extension can be requested by emailing [email protected] along with the reason for the extension.

Certificate of qualification

Once all your assigned assignments are completed, the NCA will issue and also send you the hard copy of a Certificate of Qualification within 3-6 weeks of request. The candidate will have to place a request to get the certificate. This can be done in four easy steps:

  • Visit your NCA portal
  • Select “Manage Yourself”
  • Click on ‘Request Certificate’ and complete the form
  • Lastly, click on ‘Submit’.

Apply for the Bar admission programs

Congratulations! You are just one step away from your path to practice in Canada. All you need to do is start applying to the bar admission programs in Canadian common law jurisdiction. You can also become a member of the law societies.

Apart from this, law practice programs offer a strict course of experiential training to the bar admission candidates This training helps the candidate to excel in the legal workplace. If you are in the Law Society of Ontario’s legal licensing process, you can consider the University of Ottawa French Law Practice Program or the Toronto Metropolitan University Law Practice Program.

Review and appeal for the NCA exam

The NCA gives the candidates a chance to review their exam material and also appeal in case the candidate is not satisfied with the result.

Review

If a candidate fails the NCA exam, they can request a review of the exam. Through review, the candidate gets a chance to go through their exam material and analyze the answers they have given. Once a candidate requests a review, he/she will be provided with their written exam, the exam questions, and a feedback memo from the examiner within 3-4 weeks after the result is declared. All these materials will be uploaded to the NCA Result Portal of the candidate.

The feedback memo can be downloaded from the NCA portal but the exam question and your answers can’t be downloaded. So how can the answers be reviewed?  The candidate would need to click on the link in their NCA portal to review the exam materials. Once the link is clicked, the candidate will be connected with a proctor who will be with the candidate as he/she reviews the exam questions and answers.

If the candidate is not satisfied with the review, the candidate can appeal within two weeks after the exam is available for review. To know more about review and appeal read the NCA Policies.

Appeal 

While reviewing your result you found a major error that led you to fail the NCA Exam or maybe you are not satisfied with your result. You can appeal the result of your exam within two weeks after the exam is available for review in three steps:

  1. Open your NCA portal and click on ‘My Course Info’
  2. Click on ‘Exam History’
  3. Select the ‘Appeal’ button (green in color) beside the exam you want to appeal.

Fees for appeal

For each exam the candidates want to appeal, they will be charged $250 CDN plus tax which must be paid in advance. Note: The fees are non-refundable.

Evidence

When a candidate has preferred an appeal in a subject, he/she must be ready with the evidence to support that the examiner has failed to evaluate his result properly. This evidence must be submitted in the form of a letter (PDF format) along with the supporting documents, if any.

Note: The candidate need not mention his/her name in the letter, just the file number needs to be mentioned.

But does all evidence count as evidence? The answer is NO! The candidate needs to give specific details about the error that is made by the examiner. Just mentioning that a significant error has occurred, the examiner has not justified the grade, or you are not satisfied with the marking is not enough! Further, you should not include reasons like the need for additional marks, financial constraints, or any other emotional reasons for appeal. A justified evidence of appeal shall be that your answer matches the feedback memo however the examiner has failed to evaluate the answer.

The candidate is re-evaluated on what they have written in the exam. Therefore, an explanation beyond what is written in your exam or an exaggeration of your knowledge and experience won’t help. The NCA has its requirements for evaluating an appeal. If the candidate’s grounds are not on fairness of the evaluation they will not be accepted by the NCA.

Process of re-evaluation

Once the appeal is accepted by the NCA, they will send the examiner’s original comments and the candidate’s booklets to another examiner for re-evaluation and comments. Further, the candidate’s appeal may also be sent to the original examiner for opinion. The whole process of re-evaluation may take two to four weeks.

Technical requirements and testing for online exams 

The NCA exams are held online through a secured browser-based platform. This platform locks the computer entirely. Once the computer is locked entirely it cannot be used for any other purpose. Your entire exam will be monitored by a proctor through the web camera. The proctor will also be checking your identification. For a detailed video on the work of the proctor and the purpose of the web camera click here. Here are some technical and testing area requirements laid down by the NCA for a smooth online exam experience. 

Guidelines for testing area

The candidate is free to take the exam from anywhere be it home, local library, university co-working space, etc. However, the candidate must ensure that the following points are met for a smooth online exam experience:

  1. The location from which the candidate is giving the exam must be free from disturbance, secure, tidy, and have a stable internet connection.
  2. The work surface is clear and clean.
  3. The chair you sit on is comfortable
  4. The floor beneath the work surface is clear
  5. The noise outside the room is limited.
  6. Nobody enters the room during the exam
  7. The laptop or computer and the phone are plugged in till the exam is complete.
  8. Landlines, alarm clocks, or other non-required electronic items are turned off.

Technical requirements

Below are the technical requirements essential for a fair and smooth experience of the NCA exams.

Device compatibility and display settings

  • A personal laptop or computer with a web camera with an operating system of either Windows 7 or higher or MAC o/s 10.15 or higher.
  • Tablets including hybrids are not allowed for the exam but the camera of these devices can be used for monitoring.
  • 1024*768 in 16-bit colour is the minimum recommended resolution of the computer display.
  • Only one computer screen is to be used for writing the exam.

Internet connection and browser

  • Make sure to have a stable internet connection with a speed of 3 Mbps for both uploading and downloading
  • Use of LAN is recommended
  • Don’t use a tethered network.
  • Google Chrome (50+) browser is recommended.
  • The latest version of Safari and Firefox can also be used.

Pop-up blocker

Make sure to disable the Pop-up blockers. You can do this by:

  • opening Chrome on your computer
  • clicking on the three vertical dots are the extreme right.
  • click on settings and go to privacy and security
  • click site settings 
  • click pop-ups and redirect
  • Turn the setting to allow.

Secure browser

You will need a secured browser add-on. If you don’t have this add-on, download it before contacting MonitorEDU for system tests. Make sure to download this add-on before every exam.

Camera for monitoring

You will be asked to set up two cameras. One camera needs to be set on the laptop or desktop and the other on your phone or tablet. The main aim of setting up two cameras is to monitor you throughout the exam periods. The video of your exam session will be recorded for security and integrity purposes.

Power connection

Make sure you have a reliable power connection before you start your exam.

If you have any questions related to technical requirements you can contact the 24*7  MonitorEDU live chat line.

Preparing for online examination

Before the day of your scheduled exam, do a quick pre-check of the computer hardware, mobile phone/web camera, and Internet Bandwidth by MonitorEDU a day before your exam but not later than 6:00 pm (Eastern Time in Canada).  Ensure that you have a secure or locked down browser on your computer or laptop and that the “cookies” are enabled before you contact MonitorEDU for a system test. Here is a list of programs that you need to close before you contact MonitorEDU:

  1. Skype
  2. Slack
  3. Zoom Meeting
  4. Cisco Webex
  5. Team Viewer
  6. Steam
  7. Microsoft Teams
  8. GoToMeeting

Requirements on the day of your examination

The first thing that you should do on your scheduled exam day is to connect with the exam proctor at least 15-20 minutes before the exam starts. This is done by filling out the form of the Federation of Law Societies (NCA). Before connecting make sure you have your valid government-issued ID for verification with the proctor.

Meeting with Proctor

Before you fill out the form for connecting with a proctor make sure your mobile device has the Google Meet app installed. Most Android phones already have it but if you are an iPhone user or use any other device then you need to install it from the app store. Google Meet requires a Gmail account to run, you need to make sure you have one already and is accessible on your mobile device. If you don’t have a Google account, you can create one by clicking here.

Once you fill out the form, a proctor will connect with you. The proctor will ask you your email address to send the meeting details for connecting through Google Meets on your mobile device. Then you need to visit MonitorEDU, and enter the room ID given by the proctor through email, and click on Submit. Once you click on submit, the proctor will be able to see you through the webcam and the mobile phone.

Sequestering requirements

Wondering what is sequestering? This is a requirement that the Federation of Law Societies of Canada has implemented in the NCA exams and is enforced by MonitorEDU. In this, you will be under the vigilance of the proctor for the entire exam time. If you complete your exam before time you need to be seated and connected both with your cell phone and web camera. Once the exam is over, don’t close the screen and the computer immediately, wait for the closeout instructions from the proctor. If you fail to follow the instructions given by the proctor regarding sequestering, it will result in a violation of the Candidate Agreement and lead to disqualification from the exam.

Prohibited personal items during the exam

There are certain personal items that must not be accessed during the exam:

  • pagers
  • mobile phones
  • headphones or headsets
  • watches
  • Wallets or purse
  • Bags
  • Coats
  • Handheld computers or other electronic devices
  • Books
  • Notes or any other material not approved by the NCA
  • Hats or other coverings ( unless worn as a religious observance)

How to report technical problems 

Technical problems like unstable internet connection or technical glitches might be experienced by a candidate while writing an exam. In this case, the candidate must immediately notify the proctor and inform the NCA about the problem you faced. The NCA should be informed within 5 days of writing the exam. Once the NCA is aware of the problems faced by the candidate they investigate and address the issues promptly.

Preparation for the NCA exam

The NCA exam’s difficulty level is high owing to the syllabus which the candidate needs to cover in a short period. The NCA exams are conducted every year and the syllabus is almost the same except for minor changes from NCA, as and when required. Here are some preparation strategies that can help you successfully clear the NCA exam.

Do’s and Don’ts before and during exams

Before the exam

Do’s Don’ts
Take enough sleep, eat properly, and take breaks in between study sessions. Ignore your health  
Make a feasible study plan Take open book exam lightly
Understand the NCA process Ignore your weak areas
Understand the exam pattern Take stress
Read the suggested reading materials by the NCA Study for long period without breaks
Practice time management Leave anything for last minute
Work on your typing speed Rote learning
Make notes/summary of each subject Forget to understand the syllabus
Practice sample papers Avoid practice sample questions 

During the exam

Here are some do’s and don’t that should be considered during your NCA exam.

Do’s Don’ts
Manage your time effectively Should not panic if there is a challenging question
Stay calm and compose Never spend too much time on a single question
Read the instructions carefully Try to indulge in cheating or illegal activities
Read the questions carefully Disobey the proctor as it can lead to disqualification
Always keep time for revision Use abbreviations or short forms that are not commonly known
If you don’t know a question, move to the next. You can always come back later! Have access to the electronic copies of your notes from the textbook
Check the technical requirements as asked by the NCA Think that you won’t do well
Follow the IRAC method
Take a break only if the proctor allows
Keep the reading material with you.

Do’s and Don’ts for the NCA Torts exam

Here are some do’s and don’ts that will help you write your NCA Torts Exam:

Do’s

  1. Write your answers in clear and complete sentences.
  2. The governing rules must be explained clearly and concisely in your own words. Only explaining the rule isn’t enough explaining how the rule applies to the fact of the question is important.
  3. Make sure that you cite correctly the legal authorities including case laws, statutes or other relevant sources.
  4. Before writing an answer carefully read and understand the question.  Once you understand what is asked in the question, write only what is asked in the question.
  5. When you answer and fact-based question, identify the legal issues and apply the relevant rule of law to the legal issue present.
  6. Make sure to devote enough time to fact-based questions as it will help you in analyzing the issues in the question and consequently, you will be able to write the answer correctly.
  7. Follow the IRAC approach (Issues, Rules, Application, Conclusion) when you write your answers. IRAC approach states that first, you need to identify the legal issues, state the relevant facts, apply the rules, and provide a conclusion.
  8. When you are making assumptions, make sure you state what the assumption is and why you are making it
  9. Don’t forget to consider the scope of the question. If the scope is broad write a detailed analysis whereas if it is narrow write only what is asked in question
  10. If you are writing an essay question, give a logical legal argument by citing the case laws, legal rules, and regulations, and identifying the key issues.
  11. Understand the perspective of the examiner in asking the question and accordingly frame your answer.

Don’ts

  1. At all costs avoid the art of copy-pasting from your notes, third-party sources, or template texts.
  2. Don’t just list the relevant rules or legal concepts in the answer. You need to explain how the legal rules or legal concepts apply to the fact that it is related to the case.
  3. Avoid writing the answer in pointers
  4. Don’t list all the facts, case laws, or doctrine on the issue, directly answer what is asked in the question. 
  5. Make sure you don’t plagiarize or present someone’s idea as your own.

How to answer fact-based Law exam questions

Fact-based questions are asked in the NCA exams to test the candidate’s skill of identifying the legal issues in the facts presented in the question, giving a detailed analysis of the issues including the rule of law applicable, and solutions to the issue. Fact-based law exam questions test the candidates:

  • theoretical knowledge along with the doctrines of law;
  • skill in analyzing the facts, identifying the important facts, and separating the immaterial from material facts;
  • caliber in evaluating the policy and theoretical bases of the law; and
  • ability to identifying the legal issues present in the facts, apply the law to the facts, and give a reasoned conclusion.

Knowing the material isn’t enough, the candidate must possess the following skills for success in the law examination:

Study skills

Wondering what study skills refer to? Under this skill, you need to have a comprehensive understanding of the reading materials from which you have studied. Make a summary of all the reading materials as it helps you in recalling when you are doing last-minute revision! 

Writing skills

This is an important skill for the NCA exam. This exam not only checks your legal knowledge or the correct mention of the rule but also assesses your caliber to present that answer through your writing skills. It is thus important that you develop good writing skills. Make sure the sentences are grammatically correct. In case you are short of time, avoid writing your answer in paragraphs, use pointers instead, and include all the major crux of the answer in it. 

Time management skills

Three hours for each paper! For some candidates, this time might be less and at the same time for some, it is just perfect. Due to a lack of time management skills candidates spend too much time on each question which results in less time for the other question. It all depends on how well the time management skills are of the candidate. So what should be done about this? 

  • Make your plan! Plan on how to write your exam within three hours. How can I execute this plan? All you need to do is while you are practicing sample papers make sure to set time for each question before starting the paper. When you start the paper stick to the time, even if you haven’t completed the answer leave it and start with the next question.
  • While answering fact-based questions, the first thing that should be done is to read the facts carefully and analyze what is being asked in the question. Each fact-based question should be given sufficient time for analysis of the law or ‘legal issue’. (because it is the ‘law’ or ‘legal issue’ on which the candidate will be marked.

Reasoning skills

If a candidate has strong reasoning skills, he/she can easily analyze the legal issues present in the question, frame a good argument, and give a reasoned conclusion. Reasoning skills involve:

Reading the question carefully

What the candidate tends to do is they don’t answer what is asked in the question, they just identify the area of law and give an overview of the area, due to this candidates don’t get marks in the exam. Therefore, it is very important to read the question and understand what is being asked! On reading the question if the candidates find the scope of the question broad, the answer can include various issues. If the scope of the question is narrow, the answer should only have precise issues which are asked. Don’t overwrite or write less!

Analyze the relevant law

The next step will be to analyze the relevant law which is applicable to the legal issues of the question. 

Frame the answer

Once the candidate has analyzed the relevant law it’s time to frame and write the answer. For writing your answers, make sure you follow the ‘IRAC’ method.

I – Identify the issue

R– describe the relevant rule

A– apply the rule to the fact

C– give a reasoned conclusion

One of the best ways in which these skills can be developed is by writing as many sample exam questions as you can!

Common mistakes made while preparing for the NCA exam

Every candidate has their own strategy of studying but there are some common mistakes that most of the candidates make while preparing for the NCA exams. If you are preparing for the NCA exam, keep in mind the things that you should avoid:

Lack of research on the NCA syllabus and process

Many candidates just fill out the application form and start studying for every exam without even knowing that they might not need to take every exam or maybe as per the NCA assessment the candidate needs to take training or complete a course. Some of them don’t even thoroughly go through the syllabus.  It is very important that a candidate first understands what is the NCA process, what are the requirements that they need to pass the NCA exam, what is the syllabus, and the recommended study material that needs to be referred to. By doing this, you will get clarity on what approach they should follow to study and crack the exam.

Taking the exam lightly

Are open-book exams easy? Most of you will say ‘yes’.  But in reality, they are not! You will never be asked direct questions. Moreover, the NCA exams have fact-based questions that need you to identify the legal issue and apply the relevant rule to solve the legal issue. You can’t find legal issues in the book. For this, you need to understand the concepts of the subjects.

Carrying a ‘cheat sheet’ in the exam

Wait, it’s not the ‘cheat’ that you are thinking about. Here a cheat sheet means a paper that includes all the important rules, legal concepts, and important pointers that can give you a quick reference in the exam. Carrying this will be much easier than flipping the pages of your reading material!

Not taking practice tests

Giving an exam without even trying some sample questions or taking a practice test will land you in trouble on the exam day. If you practice before your exam, you will be comfortable with the type of questions being asked and correctly answer them. Moreover, the exam needs to be completed in three hours and for some of you, this time might be less. You can figure this out by giving a practice test.

Managing time

Lack of time management in the NCA exam can negatively impact your results. Managing time while you are preparing for your exam can increase your confidence and give you revision time (which is very important!) Many candidates don’t work on their time, don’t make a proper study plan, don’t work on their speed, and end up performing badly in the exam. Therefore, it is important to dedicate enough time to each subject including revision. While taking practice tests make sure you give each question enough time and finish the paper within 3 hours.

Strategy for the NCA exam

Understand the NCA process

Before you make a timetable, purchase relevant reading materials, and enroll in a course to clear the exam, you need to get acquainted with the NCA process. You need to understand the syllabus, the exams you need to take, and the NCA assessment. The official website of NCA showcases the syllabus of the exam with detailed specifications of each of the required subjects. The NCA may require the candidate to take one or more additional subjects in the exam like civil procedure, tort, evidence, contract, etc after analyzing the legal qualifications of the candidates. 

Analyze the syllabus

Going through the syllabus on the official website of NCA has detailed subject-wise topics and recommended reading materials. An insightful understanding of the syllabus will be very helpful in outlining a planned study of every subject. Once you divide the subjects and topics based on their extensiveness and difficulty level, it will make the subjects approachable. A smart analysis of the syllabus will help you point out the topics ranging from most important to least important.

Understand the exam pattern

Thirdly, it is very important to understand the pattern of the examination. If you don’t know the pattern of the examination you’re appearing in then despite your understanding of the syllabus, you’re in for a blunder. The NCA exam is a combination of short answers, essay questions, and fact-based questions. You should know that the NCA also acknowledges the IRAC method in long essay-type answer writing. 

Create a study plan

After you are done analyzing the syllabus, it’s time to create a feasible study plan for efficient and effective preparation. For creating a study plan you need to assess your strengths and weaknesses in the legal areas, set SMART (specific, measurable, achievable, relevant, and time-bound) goals, prioritize subjects based on their weightage and importance, and then develop a study plan.

Enroll in courses

There are various preparatory courses available for the NCA exam. One such course is provided by Lawsikho – ‘Crack NCA Canada Bar Exam: Test Prep Course’. The 6-month crash course is curated by a team of experienced and knowledgeable instructors having experience in the legal field. The course offers live classes, feedback, and doubt-clearing sessions and covers all the relevant study material for the NCA exam.

Time management

“The lost time is never found again” Benjamin Franklin rightly said it! 

There are 5 mandatory subjects and other additional subjects that the candidates need to study for, depending on the assessment by the NCA. 3 hours for an exam is fair enough if you follow time management before the exam and after the exam. Before the exam, when you are preparing, you can prioritize the subjects that you find difficult or are not confident about, divide your study sessions with breaks in between, study at the time when you feel you are most alert and focused, and avoid using mobile phones when studying.

On the day of your exam, to manage your time you should read the questions carefully, analyze what is being asked, start with the question that you are confident about, keep an eye on the time, avoid distractions, and stay calm.

Understand of foreign laws and case laws

Some candidates, after analyzing the syllabus, may be able to go through and understand the subjects and corresponding case laws on their own while others may think that they might need a mentor or professional help to master some or all of the syllabus. If you choose to do self-study then take help from official resources, online study materials, and online videos along with recommended books. This will make it easy for you to break down the subjects and have an in-depth knowledge of each topic. Also, make the note in your own words to increase your recalling capacity. The more you break the laws to your own understanding and in your own words, the more you will learn and grasp the laws. Do try to understand the similarities between the laws of India and Canadian laws. This will increase your wit and it will give you clarity of understanding their laws.

Revision, Revision, Revision

Revision plays an important part in your preparation strategy. Just like you create a study plan make a revision plan also. It can immensely help you in increasing your confidence and reduce anxiety ( as you will be well prepared for your exam). Allocate more time to the subjects you are less confident about. Make a reference sheet for every subject which includes all the important concepts, rules, and legal concepts. 

Exam sample papers and reading material

Suggested readings for Canadian Administrative Law

  • Colleen Flood and Paul Daly, Administrative Law in Context (Toronto, Emond Montgomery, 4th ed., 2022).
  • Sara Blake, Administrative Law in Canada (Toronto: LexisNexis-Butterworths, 7th ed., 2022).
  • David Phillip Jones and Anne S. de Villars, Principles of Administrative Law (Toronto: Carswell, 7th ed., 2020).
  • Guy Régimbald, Canadian Administrative Law (Toronto: LexisNexis Canada, 3rd ed., 2021). 
  • Lecture modules are available at
  • For case laws and legislative resources refer to CanLII.
  • Advance Quicklaw resources of LexisNexis. (Free access)

Here is a sample exam of Canadian Administrative law.

Suggested readings for Canadian Constitutional Law

  • Leading SCC Cases or Privy Council Decisions.
  • Constitution Act 1867 and 1982
  • Relevant chapters from Peter Hogg, Constitutional Law of Canada, Student Edition (Toronto: Carswell).
  • Advance Quicklaw resources of LexisNexis. (Free access)

Here is a SAMPLE Examination for Constitutional Law

Suggested readings for Canadian Criminal Law

  • Steve Coughlan, Criminal Procedure, 4th ed. (Toronto: Irwin Law, 2020) 
  • Kent Roach, Criminal Law, 8th ed. (Toronto: Irwin Law, 2022)
  • Latest Criminal Code (an annotated Criminal Code is highly recommended). The Code will contain the Canadian Charter of Rights and Freedoms in an Appendix. 

Remember: To carry your Criminal Code when appearing for the exam.

  • Don Stuart, Canadian Criminal Law, 8th ed. (Scarborough: Thomson Carswell, 2020) (Optional)
  • Don Stuart et al, Learning Canadian Criminal Law, 14th ed. (Scarborough: Thomson Carswell, 2018) (Optional)
  • Kent Roach et al., Cases and Materials on Criminal Law and Procedure, 12th ed. (Toronto: Emond Montgomery, 2020) (Optional)
  • Supreme Court of Canada decisions (
  • Canadian Legal Information Institute (

The optional reading material are not necessary for the NCA exam. Here is a sample exam of Canadian Criminal Law.

Suggested readings for Foundation in Canadian Law

  • Forcese, Dodek, et al, Public Law: Cases, Commentary, and Analysis, Fourth Edition (Toronto: Emond Montgomery, 2020). [Referred to below as “Forcese”.] 

Public Law: Cases, Commentary, and Analysis, 4th Edition | Emond Publishing.

  • Prescribed cases that are not included in the Forcese text are available free of charge from CanLII: www.canlii.ca/.
  • Prescribed articles that are not included in the Forcese text are available online free of charge (website address is specified). 
  • Gerald Heckman. “International Human Rights Norms and the Substantive Review of Administrative Decision-Making” (Chapter 14 of Flood and Daly, eds., Administrative Law in Context, 4th Edition, Emond Montgomery 2021) 
  • Eisenberg, M., The Nature of the Common Law, (Cambridge, Mass: HUP, 1991) 
  • Fairlie, John, Introduction to Law in Canada, 3rd ed. (Toronto: Emond, 2023) 
  • Forcese, Craig & Aaron Freeman. The Laws of Government: The Legal Foundations of Canadian Democracy, 2nd Edition (Toronto: Irwin Law, 2011). 
  • Forsey, Eugene A. How Canadians Govern Themselves, 10th ed.
  • Sasha Baglay, Introduction to the Canadian Legal System, (Toronto: Pearson, 2015)
  • Hogg, Peter W. & Wade K. Wright. Constitutional Law of Canada, 2022 Student Edition (Toronto: Carswell, 2022). 
  • Justice Canada, “Canada’s System of Justice”
  • Schauer, F., Thinking Like a Lawyer: A New Introduction to Legal Reasoning, (Cambridge, Mass: HUP, 2012) 
  • Waddams, S.M., Introduction to the Study of Law, 8th Edition, (Toronto: Carswell, 2016)

Here is a sample exam for Foundation in Canadian Law.

Suggested readings for Canadian Professional Responsibility

  • Alice Woolley, Richard Devlin, and Brent Cotter, Lawyers’ Ethics and Professional Regulation, 4th ed (Markham, ON: LexisNexis, 2021) [“Casebook”]; 
  • the Model Code5. When reading the Model Code, (Read both rules and relevant commentaries. 

Here is a sample exam of Canadian Professional Responsibility.

Suggested readings for Business Organization

  • P. Puri, A. I. Anand, E. M. Iacobucci, I. B. Lee, J. G. MacIntosh, CASES, MATERIALS AND NOTES ON PARTNERSHIPS AND CANADIAN BUSINESS CORPORATIONS, 6th ed. (Toronto: Carswell, 2016) 
  • J. A. VanDuzer, THE LAW OF PARTNERSHIPS AND CORPORATIONS 4th ed. (Toronto: Irwin Law, 2018) 
  • Consolidated Canada Business Corporations Act and Regulations (Toronto: Carswell, latest edition)
  • Consolidated Ontario Business Corporations Act, Related Statutes and Regulations (Toronto: Carswell, latest edition)
  • W. Gray, CANADA BUSINESS CORPORATIONS ACT (Toronto: Carswell, first published 1994, now looseleaf) 
  • W. Gray & C.W. Halladay, GUIDE TO CBCA REFORM: ANALYSIS AND PRECEDENTS (Toronto: Carswell, 2003) 
  • C. C. Nicholls, CORPORATE LAW (Toronto, Emond Montgomery, 2005) 
  • B. Welling, CORPORATE LAW IN CANADA, 3d ed (Toronto: Carswell, 2006) 
  • K. P. McGuinness, THE LAW AND PRACTICE OF CANADIAN BUSINESS CORPORATIONS, Vol 1, 3d ed (Toronto: Butterworths, 2017)

Here is a sample exam of Business Organization.

Suggested readings for Contracts

  • S. Ben-Ishai and D. Percy, Contracts: Cases and Commentaries, 11th ed., (Toronto: Thomson Reuters, 2022).
  • J.D. McCamus, The Law of Contracts, 3rd ed., (Toronto: Irwin Law, 2020). 
  • A. Swan, J. Adamski, A. Na, Canadian Contract Law, 4th ed., (Toronto: LexisNexis, 2018) 
  • S. Waddams, The Law of Contracts, 6th ed., (Toronto: Canada Law Book, 2010)

Here is a sample exam of Contracts.

Suggested readings for Torts.

  • Robert M Solomon, Mitchell McInnes, Erika Chamberlain and Stephen GA Pitel, Cases and Materials on the Law of Torts, 10th ed (Toronto, ON: Carswell, 2019) 
  • Erika Chamberlain & Stephen GA Pitel, eds, Introduction to the Canadian Law of Torts, 4th ed (Toronto: LexisNexis, 2020)

Here is a sample exam of Torts.

Suggested readings for Property Law

  • B. Ziff, Principles of Property Law, 7th ed. (2018). (Testbook)
  • B. Ziff et al., eds., A Property Law Reader: Cases, Questions, and Commentaries (4th ed., 2016).(Casebook)
  • Anger & Honsberger’s Canadian Law of Real Property, 3rd ed. (Aurora, ON: Canada Law Book, 2005) 
  • M.L. Benson et al., Understanding Property: A Guide to Canada’s Property Law, 2nd ed. (Toronto: Thomson Carswell, 2008) 
  • M.E. McCallum & A.M. Sinclair, An Introduction to Property Law, 6th ed. (Toronto: Butterworths, 2012) 

Here is a sample exam for Property Law.

Suggested reading for Family Law (Ontario and British Columbia)

  • Payne and Payne, Canadian Family Law, 9th ed., 2022, Irwin Law 
  • JP Boyd on Family Law, online Clicklaw Wikibooks 
  • Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), as amended.
  • Federal Child Support Guidelines, SOR/97-175, 8 April 1997, as amended.
  • Spousal Support Advisory Guidelines (Department of Justice, Canada, July 2008)
  • Spousal Support Advisory Guidelines: The Revised User’s Guide (Rogerson/Thompson, Department of Justice, Canada, April 2016)
  • Family Law Act, S.B.C. 2011, c. 25, as amended
  • Children’s Law Reform Act, R.S.O. 1990, C.12, as amended ( Only for Ontario Family Law)

Here is a sample exam for Family Law (Ontario) and Family Law (British Columbia).

Family Law (Alberta)
  • Payne and Payne, Canadian Family Law, 9th ed., 2022, Irwin Law, 
  • Payne and Payne, A Basic Guide to Canadian Family Law, 2023, 1st ed., Irwin Law.
  • Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), as amended
  • Federal Child Support Guidelines, SOR/97-175, 8 April 1997, as amended.
  • Spousal Support Advisory Guidelines (Department of Justice, Canada, July 2008)
  • Spousal Support Advisory Guidelines: The Revised User’s Guide (Rogerson/Thompson, Department of Justice, Canada, April 2016)
  • Family Law Act, S.A. 2003, c. F-4.5, as amended
  • Family Property Act, c. F-4.7, as amended 

Here is a sample exam for Family Law (Alberta).

Suggested reading for Jucidial Civil Remedies

  • Casebook- J Berryman et. al., Remedies: Cases and Materials (Toronto: Emond Montgomery, 8th edition, 2020)
  • Textbook (Damages): J Cassels and E Adjin-Tettey, Remedies: The Law of Damages (Toronto: Irwin Law, 3rd edition, 2014) 
  • Textbook (Equitable Remedies): J Berryman, The Law of Equitable Remedies (Toronto: Irwin Law, 2nd edition, 2013)

Here is a sample exam for Judicial Civil Remedies.

Suggested readings for Evidence

  • Don Stuart, David Tanovich & Lisa Dufraimont, Evidence: Principles and Problems, 13th ed. (Toronto: Carswell, 2021)

Here is a sample exam for Evidence.

Suggested readings for Civil Procedure

  • Ontario’s Rules of Civil Procedure
  • Statutes and other relevant materials on CanLII and Ontario, e-Laws.
  • Cases and commentaries on CanLII and Ontario courts.
  • Janet Walker et al., eds., Civil Litigation Process: Cases and Materials, 9th ed. (Toronto: Emond, 2022). 
  • Trevor C.W. Farrow, Civil Justice, Privatization, and Democracy (Toronto: University of Toronto Press, 2014)

Here is a sample exam for Civil Procedure.

Suggested readings for Taxation

  • Krishna, Fundamentals of Canadian Income Tax 2nd Edition Volume 1: Personal Tas Law, (Toronto: Carswell, 2019).(FCIT) 
  • Cockfield, O’Brien, Brown, Materials on Canadian Income Tax,16th ed. (Toronto: Carswell, 2020) (MCIT) 
  • Income Tax Act Sections as Indicated 
  • Scott Wilkie, Li, Magee, Li Principles of Canadian Income Tax Law- 9th ed. (Toronto: Carswell, 2020)

Here is a sample exam for Taxation.

Suggested readings for Commercial Law

For suggested readings please see the syllabus.

Here is a sample exam for Commercial Law.

Suggested readings for Trusts

  • Mark Gillen and Faye Woodman eds., The Law of Trusts: A Contextual Approach (3rd ed.)(Toronto: Emond Montgomery, 2015), or 
  • A. Oosterhoff, R. Chambers, and M. McInnes, Oosterhoff on Trusts (9th ed) (Toronto: Carswell, 2019) 
  • Eileen E. Gillese, The Law of Trusts (3rd ed.)(Toronto: Irwin Law, 2014)

Here is a sample exam for Trusts.

Practice paper

Once you are confident you have covered all the topics and did revision, it is time to do a practice paper to evaluate your performance and have an idea of the format and types of questions asked in the exam.

Click here to start the practice paper.

Here is a snapshot of what your exam screen would look like.

As you can see you will the given ample space to write and can increase the font size according to your comfort level. Further, you can insert a table, bold an important word or heading, change the font size and style, insert numbering, etc. You can also bookmark your questions.

Challenges and common issues

Every exam has its challenges that are faced by the candidates. So does the NCA candidates face! Below are some common difficulties that are faced by the NCA candidates and some tips on how to overcome those challenges.

Open book examination

You must be thinking how can this be a challenge, maybe we have written it wrong! But well we are under the wrong impression that an open-book exam is very easy due to easy access to the materials. But that’s the BIGGEST challenge! The challenge of spending too much time searching for information, chances of distractions, difficulty in determining what needs to be written, lack of knowledge due to reliance on the book, etc.

To overcome these challenges, you need to be thorough with the material you have. You need to master your topics to answer what is asked in the question and from which topic it relates. The key is to be smart and time efficient to obtain maximum benefit from your reference books and materials in those three hours.

Time management

The key element that binds every aspect of the candidate’s efforts to give desirable results. Whenever time plays an essential factor in your preparation and during your exam, be very conscious of maintaining proper time management. 

Before you start preparing for your exam, make a realistic timetable that includes all the subjects and revision time as well. Revision is the most important part of preparation for any exam. Further, practice papers are the best to understand the speed with which you need to approach the paper. If you’re not able to recall any question then skip it to attend at last. Divide the time for each question, leave some buffer time, and stick to the allotted time. As soon as your allotted time for a specific question ends, try concluding it or leave it for the last and move on to the next question. Do remember that the allotted time for each question should also include understanding and analyzing the requirements of the question, referring to any suitable materials, structuring the answer, and finally typing the answer. 

Typing speed

The NCA exam is conducted online. The main requirement for the candidates is fast typing to complete the paper on time. Again, this is a skill that can be polished through constant practice. While the candidates prepare their timetable, they must make sure to include some time to practice typing. While you’re solving practice papers and mock tests, make sure to complete them within 3 hours.

Language problem

The official languages of Canada are English and French. The NCA exams also accept only English and French language. If the candidate does not know both languages it will be difficult for them to clear the exam. To overcome this challenge, the candidate can work on their language skills by enrolling in crash courses, through workshops, and of course by practicing.

Stress

You will agree with this challenge! It is one of the most common challenges that the candidate faces. The Stress of clearing the exam, if not cleared then what next step should be taken and stress of the society. To overcome this stress the candidate can take regular breaks between the study sessions, exercise, do yoga, or speak their heart out with family or friends.

Conclusion

“There is no secret to success. It is the result of hard work, preparation, and learning from failure.”

Always remember these words of Colin Powell. To pass the NCA exam with flying colors, develop a strategic and informed approach. Understanding the syllabus, the NCA process, foreign judgments, and case laws can be challenging but it is all about fighting these challenges and embarking on your new journey as a lawyer in Canada. Just believe in yourself and everything will fall into place.

ALL THE BEST for your exams!

Frequently Asked Questions

What is the job structure in Canada?

Law is one of Canada’s top occupations. The starting salary of a good attorney in Canada is CAD 72,000 a year. The employment opportunities in the field of law are increasing due to the decline in lawyers in Canada. (good opportunity for those preparing for the NCA exam)

How to start working in Canada as a lawyer?

If you are planning to start your career as a lawyer in Canada you need to clear the NCA exam which is conducted every year and is an open-book exam.

How difficult are NCA examinations?

The NCA exam is challenging. But with the right strategy and hard work, you can easily clear the exam.

What is the process of the NCA exam?

The first step is to complete the individual assessment by the NCA. Once the NCA assesses the application they allot subjects for exams or in-classroom training based on the jurisdiction and legal qualification of the candidate. Now all you need is to successfully pass the exams and take your certificate of qualification from the NCA.

When are the NCA exams conducted?

The exams are conducted every year. For more details on the dates and timing of the exam, you can visit the Exam Schedule.

Does the NCA exam have multiple-choice questions?

The NCA exam includes short answers questions, and/or essay questions, and/or fact-based questions, and/or multiple-choice questions.

What are the passing marks for the NCA exams?

If you obtain 50% or more you will be considered as passing the NCA exam.

What will happen after I pass the NCA exam?

Once you successfully pass the NCA exam you will be given your Certificate of Qualification by the NCA. This certificate proves that you are now eligible to practice in Canada. Now, you can apply for Bar Council admission in Canada.

How many attempts are allowed in the NCA exam?

A candidate can give a total of three attempts. However, a candidate can request for a fourth attempt and grant it or it is the sole discretion of the Executive Director.

When can I apply for the NCA assessment?

There is no time specified for applying to the NCA assessment, you can apply at any time. However, the assessment will be processed only after-

  • the application form is complete
  • payment has been received by the NCA
  • all the official documents from the candidate’s law school or licensing body have been received by the NCA

What are the factors that are considered in the assessment of a candidate’s file?

The following factors are considered while accessing the candidate’s file-

  • the subjects studied
  • Nature and length of the legal education program and professional legal experience
  • legal experience and qualifications
  • academic grades in the core subject areas along with the overall grades
  • the type of legal system in your legal education (civil, mixed, common law, etc)
  • legal education program recognized and approved by the local authority
  • whether the candidate has studied full-time, part-time, in-person through online interactive instructions or distance education.

Is the jurisdiction where I obtained my law degree important in my assessment?

Through the jurisdiction, the NCA assesses the legal education and the experience of the candidates who wish to enter the law society in Canadian common law jurisdiction.

What are the five mandatory core subjects in the NCA exam?

The five mandatory core subjects in the NCA exam are Canadian Administrative Law, Canadian Criminal Law, Canadian Constitutional Law, Canadian Professional Responsibility, and Foundation of Canadian Law.

Does NCA take into consideration the nature of the legal system in the jurisdiction while assessing the candidate’s application?

Yes, the nature of the legal system in the jurisdiction is taken into consideration by the NCA. This includes the place where an applicant has completed their training and the jurisdiction’s relationship to the English legal tradition of common law.

Can an Indian lawyer apply for the NCA exam?

Yes, Indian lawyers can apply for the NCA exams.

What is common, mixed, and non-common law jurisdiction in the context of the NCA?

While assessing an applicant the NCA takes into consideration the nature of legal system jurisdiction. ‘Common Law Jurisdiction’ means it has common law legal tradition, ‘Mixed Law Jurisdiction’ has either a mixed common law and civil law legal tradition or a legal tradition that has substantial common law content, and ‘Non-Common Law Jurisdiction’ means it does not substantially include the common law in its legal tradition. 

What if I finish the NCA exam early?

In case the candidate finishes the exam early, they need to stay in place for a full three hours.

How to avail the benefit of Advance Quicklaw resources of LexisNexis?

After a few weeks of the end of the registration, the NCA will be emailing the candidate the Advance Quicklaw ID and password. Once the candidate receives the ID and password, they can log in to Advance Quicklaw and start learning. 

Are there any devices required for reviewing the exam?

Yes, there are certain device requirements that the candidate needs to follow. The feedback memo can be reviewed from any device. However, a second device will be needed for communicating with the proctor. For this purpose, the candidate can use either a cell phone or tablet.

How do I need to set up my device for reviewing the exam?

The device needs to be set up the same way as it was when you took the NCA exam.

Where should I take my NCA exam?

To take the NCA exam you must find a place in a private room that is quiet and free from any sort of distractions.

What if I don’t cancel my scheduled exam and don’t show up on the day of the exam?

In this case, you will lose the entire exam fee.

If I cancel an exam or fail to write a scheduled exam will it be counted as an attempt?

No, if you cancel the exam or fail to write a scheduled exam it will not be counted/recorded as an attempt. But you will lose the exam fee for that exam and will have to re-register and pay the full fees again.

Can the NCA cancel my exam? 

Yes, the NCA has all the rights to cancel your exams if you don’t follow the policies and procedures as laid by the NCA.

Can the exam start time or the date of the exam be changed?

Yes, the exam start time or the date of the exam can be changed by contacting MonitorEDU at [email protected]. The NCA may not be able to accommodate the preferred start time given by you.

If I have any queries related to the exam how can I contact the NCA?

You can write them an email at [email protected].

What is the use of the IRAC method?

IRAC method covers all the aspects of the questions, the issue, how the relevant rule is applied, and a smart conclusion. This method makes your answer professional and organized.

Is there any time frame in which the NCA should be informed about the technical problems?

Yes, within 5 days of writing the exam, you should inform the NCA about the technical problem you faced while writing the exam.

Can I use wireless earphones during the NCA exam?

No, wireless or wired earphones, headphones, or headsets are not allowed during the exam.

Can I take my exam on office networks?

There is no restriction for taking exams on office networks. However, office networks have a strict security which may create a technology conflict with the MonitorEDU system (used for NCA online exams). It is recommended to take an exam on a personal computer.

Is taking a break during the NCA exam allowed?

A candidate can take a break during the exam only if the Proctor approves. Please note that the exam will not be paused if you take a break, the clock will keep running.

Can I write my answers in point form?

No, you should not write your answers in point form. Rather, use clear and complete sentences in your exam.

Are legal jargon allowed in the NCA exam?

It is recommended to not use legal jargon in the NCA exam except the ones that are commonly used. It is advised to write clear and plain language.

Can I highlight my exam material?

Yes, you can highlight or index the exam material.

How can I ensure that my responses are concise but comprehensive as well?

You can do this by focusing on the key issue of the question. While you write your answer make sure you avoid unnecessary details. 

How to start the preparation for the NCA exam?

To start preparing for the NCA exam, you need to first understand the NCA process, exam format, and syllabus.

What type of questions are asked in the NCA exam?

There are three types of questions that are asked in the exam:

  • short answers wherein you need to answer the question in just a few sentences.
  • essay questions in which the candidate’s knowledge and ability to think and discuss the legal issues are tested, and
  • fact-based questions where the candidate needs to identify the legal issues, state the relevant fact, explain how the fact relates to the case, and provide a reasoned conclusion.

How to pass the legal research and writing course?

To pass the course the candidate must pass the two multiple-choice quizzes and the four assignments of each of the two modules. 

What is the candidate agreement in NCA exams?

It is a legal agreement between the candidate and the Federation of Law Societies of Canada wherein the candidate reviews and agrees to the paradigm testing’s privacy policy, agrees not to engage in cheating, agrees to abide by the proctor’s instructions, agrees to not breach any terms of the NCA’s exams rules and protocol, etc.

How to connect with legal communities in Canada?

Some ways to connect with legal communities in Canada are to connect on social media,  attend legal events and workshops, participate in webinars, and subscribe to legal publications in Canada.

Can I work as a paralegal after completing the NCA process?

Yes, you can work as a paralegal after successfully completing the NCA process

References

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