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2026 Statistics
Key Facts: NCA Remedies Exam
$500 CAD
Fee Per NCA Exam (plus taxes)
nca.legal costs page; NCA fee advisory (effective April 2025 sittings)
3 hours
Maximum Exam Duration
National Committee on Accreditation
Open-book
Exam Format (problems, short-answer, possible MCQ)
NCA Remedies Syllabus (2024)
50%
Passing Grade (pass/fail)
National Committee on Accreditation
3 attempts
Maximum Attempts Per Subject
National Committee on Accreditation
100+
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OpenExamPrep question bank
The NCA Canadian Remedies exam is a substantive subject that internationally trained lawyers may be assigned when qualifying to practise in a Canadian common-law province. Administered by the National Committee on Accreditation under the Federation of Law Societies of Canada, it is open-book and up to three hours, with problem, short-answer, and possibly multiple-choice questions graded pass/fail (50%). Content focuses on civil judicial remedies: compensatory damages interests and quantification, remoteness, mitigation (Southcott), date of assessment (Asamera), punitive damages (Whiten), specific performance (Semelhago), injunctions (Cyanamid/RJR-MacDonald), Mareva freezes (Aetna), and Anton Piller search orders (Celanese). The exam fee is $500 CAD plus taxes. This free OpenExamPrep bank provides 100 multiple-choice knowledge-prep questions grounded in the official 2024 NCA Remedies syllabus.
Sample NCA Remedies Practice Questions
Try these sample questions to test your NCA Remedies exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.
1What is the primary compensatory goal of damages in Canadian private law?
A.To punish the defendant for wrongdoing regardless of the plaintiff's loss
B.To restore the plaintiff, so far as money can do it, to the position they would have occupied but for the wrong (restitutio in integrum)
C.To award the plaintiff twice the proven loss as a deterrent
D.To equalize the parties' wealth irrespective of causation
Explanation: Canadian damages law is compensatory at its core. The governing principle is restitutio in integrum: monetary damages aim to put the plaintiff in the position they would have been in had the wrong not occurred, so far as money can do it. Punishment is exceptional and reserved for punitive damages; deterrence is not the ordinary measure of compensatory awards.
2In contract damages, Fuller and Perdue's three interests map onto Canadian remedial analysis. Which statement correctly describes the expectation interest?
A.It aims to put the plaintiff in the position they would have been in if the contract had never been made
B.It aims to strip the defendant of gains obtained from the breach regardless of the plaintiff's loss
C.It aims to put the plaintiff in the position they would have been in if the contract had been performed
D.It aims only to recover out-of-pocket expenses wasted in reliance on the contract
Explanation: The expectation interest measures damages by the value of promised performance: the plaintiff is placed in the position they would have occupied had the contract been performed. Reliance looks backward to the pre-contract position (wasted expenditure), and restitution focuses on reversing enrichment conferred on the defendant, not on the plaintiff's expectation loss.
3A plaintiff sues for wasted expenditure incurred in preparing to perform a contract that the defendant repudiated. Which remedial interest is primarily engaged?
A.The expectation interest alone
B.The reliance interest
C.Punitive damages
D.Equitable tracing
Explanation: Claims for wasted pre-performance expenditure seek to restore the plaintiff to the position as if the contract had not been made — the reliance interest. Expectation would look to the profit or value of completed performance. Punitive damages and tracing serve different purposes and are not the primary characterization of a wasted-expenditure claim.
4Which statement best captures the restitution interest in a breach-of-contract remedies analysis?
A.It measures the plaintiff's lost profits from the bargain
B.It reverses a benefit conferred on the defendant so the defendant is not unjustly enriched by the breach
C.It automatically awards mental distress damages in every commercial contract
D.It replaces mitigation as a duty on the plaintiff
Explanation: The restitution interest focuses on benefits conferred on the defendant (for example, payments or services provided under the contract) and seeks to reverse unjust enrichment arising from the breach. It is analytically distinct from expectation (lost bargain) and from mental-distress or mitigation doctrines.
5Why does the NCA Remedies syllabus treat remedies as a freestanding subject rather than only as an adjunct to contracts or torts?
A.Because Canadian law no longer recognizes substantive causes of action
B.Because the focus is on the nature and scope of court-ordered relief once a substantive right is established, including quantification and equitable relief
C.Because remedies exams never involve fact patterns
D.Because only criminal remedies are tested
Explanation: The official NCA Remedies syllabus states that the course concerns civil judicial remedies — the nature and scope of court-ordered relief available once a plaintiff has made out a substantive cause of action. Remedial analysis (measure, remoteness, mitigation, injunctions, specific performance) is the primary focus, not mere restatement of primary rights.
6In quantifying compensatory damages, which limiting doctrines commonly operate after a prima facie loss is identified?
A.Only the clean-hands maxim, to the exclusion of causation analysis
B.Remoteness (reasonable foreseeability), mitigation, and related causation/date-of-assessment principles
C.Automatic doubling of every commercial loss
D.A fixed statutory cap on all contract damages nationwide
Explanation: Once loss is identified, Canadian private law subjects recovery to remoteness (reasonable foreseeability of the type of loss), the plaintiff's duty to mitigate, and related principles such as causation of loss and the date of assessment. There is no general nationwide fixed cap on contract damages, and clean hands is an equitable maxim, not a substitute for these limiting doctrines.
7A seller repudiates a contract to supply widgets. The buyer's ordinary expectation measure of damages is best expressed as:
A.The full contract price paid in advance, with no deduction for benefits received
B.The difference between the value of the promised performance and the position the buyer is left in because of the breach (commonly market differential or cost of cover, less expenses saved)
C.A fixed penalty of 50% of the contract price
D.Only nominal damages unless fraud is proven
Explanation: Expectation damages aim to secure the economic equivalent of performance. For goods, that typically means the difference between contract and market (or cost of reasonable cover), adjusted for expenses saved and other benefits. Fraud is not a precondition to substantial damages, and there is no automatic 50% penalty measure.
8In Bowlay Logging Ltd v Domtar Ltd, what limit did the court recognize on a reliance claim for wasted expenditure?
A.Reliance damages are unlimited once any expenditure is proven
B.A plaintiff generally cannot recover more in reliance than they would have recovered in expectation if the contract was a losing bargain
C.Reliance damages are available only in tort, never in contract
D.Reliance damages automatically include punitive damages
Explanation: Bowlay Logging is a leading Canadian authority on reliance damages. Where the defendant shows the contract would have been a loss-making venture, the plaintiff's recovery for wasted expenditure is limited so that reliance does not put the plaintiff in a better position than performance would have done. Expectation remains the ceiling in that sense.
9Under the remoteness rules originating in Hadley v Baxendale, which losses are ordinarily recoverable for breach of contract?
A.Only losses expressly listed in a statutory schedule
B.Losses arising naturally from the breach in the ordinary course, and unusual losses if they were within the parties' reasonable contemplation when the contract was made
C.All losses of any kind, however unforeseeable
D.Only losses that the defendant intentionally caused
Explanation: Hadley remoteness divides losses into those arising naturally (first limb) and those arising from special circumstances communicated so as to be within the parties' reasonable contemplation at formation (second limb). Unforeseeable losses are excluded; intention is not required for ordinary compensatory recovery.
10In Hamilton v Open Window Bakery Ltd, how should damages be assessed when the defendant had a contractual right to terminate early by giving notice?
A.Damages assume the defendant would have performed in the way most favourable to the plaintiff
B.Damages are assessed on the basis that the defendant would have performed in the least burdensome lawful manner open to them
C.Damages are always the full unexpired term without regard to termination rights
D.Damages are limited to nominal damages because early termination was possible
Explanation: Hamilton holds that where a contract gives the defendant alternative modes of lawful performance, damages are measured by assuming the defendant would have chosen the least burdensome option (for example, terminating on notice rather than continuing to the full term). The plaintiff is not entitled to damages calculated on the most advantageous assumption.
About the NCA Remedies Practice Questions
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