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100+ Free NCA Torts Practice Questions

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2026 Statistics

Key Facts: NCA Torts Exam

$500 CAD

Fee Per NCA Exam (plus taxes)

Federation of Law Societies of Canada (2025-2026)

3 hours

Maximum Exam Duration

National Committee on Accreditation

Open-book

Exam Format (fact-based, written)

National Committee on Accreditation

50%

Passing Grade (pass/fail)

National Committee on Accreditation

3 attempts

Maximum Attempts Per Subject

National Committee on Accreditation

100+

Practice Questions Here

OpenExamPrep question bank

The NCA Canadian Tort Law exam is a substantive subject requirement 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, fact-based, and up to three hours, with short-answer, essay, and problem questions graded pass/fail (50%). The substantive content covers negligence (the Anns/Cooper v Hobart duty test, standard of care, 'but for' and Clements v Clements material-contribution causation, and Mustapha v Culligan remoteness), pure economic loss and negligent misstatement (Hedley Byrne; Queen v Cognos), the intentional torts and defences (contributory negligence apportionment, volenti, illegality under Hall v Hebert), vicarious liability (Bazley v Curry), occupiers' liability, defamation (Grant v Torstar responsible communication), nuisance (Antrim Truck Centre), strict liability (Rylands v Fletcher), and damages. The exam fee is $500 CAD plus taxes. This free OpenExamPrep bank provides 100 multiple-choice knowledge-prep questions built on real Canadian cases; note the real exam uses written answers, not multiple choice.

Sample NCA Torts Practice Questions

Try these sample questions to test your NCA Torts exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1A plaintiff alleges a novel duty of care in negligence against a regulator. Under Canadian law, what is the correct framework a court must apply to decide whether a duty of care exists?
A.The Anns/Cooper v Hobart two-stage test: stage one asks foreseeability and proximity; stage two asks residual policy considerations
B.The single-stage 'neighbour' principle from Donoghue v Stevenson alone
C.The Caparo v Dickman three-stage English test applied verbatim
D.A pure foreseeability test with no proximity or policy inquiry
Explanation: In Cooper v Hobart, 2001 SCC 79, the Supreme Court of Canada confirmed the modified Anns test. Stage one asks whether harm was reasonably foreseeable and whether there is sufficient proximity to establish a prima facie duty; stage two asks whether residual policy considerations negate or limit that duty. This is the governing Canadian framework for novel duty questions.
2In Cooper v Hobart, what role do policy considerations play in the proximity analysis at the first stage of the test?
A.Policy is irrelevant at stage one and considered only at stage two
B.Proximity at stage one may itself involve policy factors that arise from the relationship between the parties, distinct from the residual policy concerns at stage two
C.All policy considerations are collapsed into a single stage
D.Proximity is determined solely by physical closeness of the parties
Explanation: Cooper v Hobart clarified that proximity at stage one can encompass policy factors flowing from the relationship between the plaintiff and defendant, while stage two addresses residual policy considerations affecting society more broadly (such as indeterminate liability or the chilling of conduct). The two categories of policy are analytically distinct.
3A homeowner's claim falls squarely within a previously recognized category of duty (a careless driver injuring a pedestrian). What must the court do at the duty stage?
A.Conduct the full two-stage Anns/Cooper analysis from scratch
B.Refuse to find any duty because each case is unique
C.Recognize that the case falls within or is analogous to an established category, so a duty is established without a full novel-duty analysis
D.Apply only the residual policy stage
Explanation: Cooper v Hobart instructs courts first to ask whether the case falls within, or is analogous to, an established category of duty. If it does, a duty is recognized and the full Anns/Cooper analysis is unnecessary; the novel-duty test is reserved for genuinely new situations.
4What is the standard of care that a defendant must meet in an ordinary negligence action in Canada?
A.The care a perfectly cautious person would take
B.Strict liability regardless of fault
C.The subjective best efforts of the particular defendant
D.The care a reasonable person of ordinary prudence would exercise in the circumstances
Explanation: The standard of care is objective: the conduct expected of a reasonable person of ordinary prudence in the defendant's circumstances. The factfinder weighs the probability and severity of harm against the burden of taking precautions and the social utility of the conduct.
5A defendant is a professional engineer. How is the standard of care adjusted when assessing a professional's conduct?
A.The professional is held to the standard of a reasonably competent member of that profession
B.The standard is lowered because professionals face complex tasks
C.The professional is held to the subjective standard of their own training
D.The professional is strictly liable for any error of judgment
Explanation: A person who holds out specialized skill is judged by the standard of a reasonably competent member of that profession or trade, exercising the knowledge and skill normally possessed by such practitioners. An honest error of judgment is not necessarily negligence if it accords with accepted professional practice.
6A nine-year-old child negligently injures another while playing. By what standard is the child's conduct measured in Canadian negligence law?
A.The standard of a reasonable adult
B.The standard of a reasonable child of like age, intelligence, and experience
C.Children can never be liable in negligence
D.Strict liability for any harm caused by a child
Explanation: Canadian courts apply a modified objective standard to children: the care expected of a reasonable child of like age, intelligence, and experience. A recognized exception applies where the child engages in an inherently dangerous adult activity, in which case the adult standard governs.
7In Canadian negligence law, what is the general test for factual causation?
A.The 'material contribution to risk' test applied in every case
B.The 'substantial factor' test imported from the United States
C.The 'but for' test: the plaintiff must show that the injury would not have occurred but for the defendant's negligence
D.Proof that the defendant's act was the sole cause of the injury
Explanation: In Clements v Clements, 2012 SCC 32, the Supreme Court reaffirmed that the default test for factual causation is the 'but for' test, proven on a balance of probabilities. The plaintiff must establish that the injury would not have occurred without the defendant's negligence.
8According to Clements v Clements, when may a court resort to the 'material contribution to risk' test instead of the 'but for' test?
A.Whenever the plaintiff finds 'but for' causation difficult to prove
B.Only where the defendant admits liability
C.In every multi-defendant case automatically
D.Where it is impossible to prove 'but for' causation because of multiple tortious actors, and global but-for causation is established but the plaintiff cannot show which defendant caused the harm
Explanation: Clements confined the material contribution to risk approach to exceptional cases: where the plaintiff, through no fault of their own, cannot prove 'but for' causation because multiple negligent actors each created a risk and it is impossible to say which one in fact caused the injury, even though it is clear one of them did. It is a narrow, policy-driven exception.
9Clements v Clements describes 'material contribution to risk' as what kind of rule?
A.A policy-driven rule of law that imposes liability despite the plaintiff's inability to prove factual causation
B.A factual test of causation identical to 'but for'
C.A rule that reverses the burden of proof onto the defendant in all cases
D.An evidentiary presumption available in any personal-injury claim
Explanation: In Clements, Chief Justice McLachlin described 'but for' causation and material contribution to risk as 'two different beasts.' Material contribution is not a test of factual causation at all; it is a policy-driven rule of law that permits recovery in narrow circumstances where factual causation cannot be proven.
10A plaintiff suffers an injury more severe than expected because of a pre-existing vulnerability. How does Canadian tort law treat this situation?
A.Damages are reduced to reflect the plaintiff's vulnerability
B.The thin-skull rule applies: the defendant takes the victim as found and is liable for the full extent of the injury
C.The defendant is not liable for any aggravated injury
D.Liability is capped at the injury an ordinary person would have suffered
Explanation: Under the thin-skull (or eggshell-skull) rule, a defendant who negligently causes injury is liable for the full extent of the harm even where a pre-existing condition makes the consequences unusually severe. The rule concerns the extent of damages once a foreseeable type of injury has occurred.

About the NCA Torts Exam

Canadian Tort Law is one of the substantive subject examinations assessed by the National Committee on Accreditation (NCA) of the Federation of Law Societies of Canada. It covers the law of negligence (the Anns/Cooper v Hobart duty of care test, standard of care, causation under Clements v Clements, and remoteness under Mustapha v Culligan), pure economic loss and negligent misstatement (Hedley Byrne; Queen v Cognos), product liability, the intentional torts and their defences, vicarious liability (Bazley v Curry), occupiers' liability, defamation (including the Grant v Torstar responsible-communication defence), nuisance (Antrim Truck Centre), strict liability under Rylands v Fletcher, and damages. The official NCA exam is open-book, fact-based, and up to three hours long, using short-answer, essay, and problem questions graded on a pass/fail basis (50% to pass). The 100 multiple-choice questions in this OpenExamPrep bank are a knowledge-prep aid built on real Canadian authorities to reinforce the substantive content, not a replica of the exam's written format.

Assessment

Question count not published by the exam provider

Time Limit

Up to 3 hours (open-book, online-proctored)

Passing Score

Pass/Fail (50% is a pass)

Exam Fee

$500 CAD (plus taxes) (National Committee on Accreditation (NCA), Federation of Law Societies of Canada)

NCA Torts Exam Content Outline

25%

Negligence: Duty & Standard of Care

The Anns/Cooper v Hobart two-stage duty test (foreseeability, proximity, residual policy), established and analogous categories, the objective reasonable-person standard, professional and child standards, custom, and proof of negligence (res ipsa loquitur after Fontaine v British Columbia)

15%

Causation & Remoteness

The default 'but for' test and the narrow Clements v Clements material-contribution-to-risk exception, factual versus legal causation, intervening acts (novus actus), remoteness on the reasonable-foreseeability test (The Wagon Mound; Mustapha v Culligan; Saadati v Moorhead), and the thin-skull rule

12%

Negligent Misstatement & Pure Economic Loss

Negligent misrepresentation (Hedley Byrne; Queen v Cognos; Hercules Managements), the recognized categories of pure economic loss (negligent supply of dangerous structures in Winnipeg Condominium; relational economic loss in Bow Valley), and product liability and the duty to warn (Hollis v Dow Corning)

18%

Intentional Torts & Defences

Battery, assault, false imprisonment, and intentional infliction of mental suffering (Prinzo v Baycrest), consent and informed consent (Reibl v Hughes), and the defences of contributory negligence (apportionment under provincial Negligence Acts), voluntary assumption of risk (volenti), illegality (Hall v Hebert), and waivers

15%

Vicarious Liability & Occupiers' Liability

The Bazley v Curry enterprise-risk and strong-connection test (contrasted with Jacobi v Griffiths), independent contractors and non-delegable duties, and occupiers' liability statutes including duties to visitors, child entrants, and trespassers (Waldick v Malcolm)

10%

Defamation, Nuisance & Strict Liability

Defamation elements, presumptions of falsity and damage, and defences (justification, qualified privilege, WIC Radio fair comment, and the Grant v Torstar responsible-communication defence), private and public nuisance (Antrim Truck Centre), and strict liability under Rylands v Fletcher

5%

Damages & Remedies

Restitutio in integrum, pecuniary and non-pecuniary loss, the trilogy 'rough upper limit' (Andrews v Grand & Toy), aggravated and punitive damages (Whiten v Pilot Insurance), the duty to mitigate, injunctions, and joint and several liability with contribution

How to Pass the NCA Torts Exam

What You Need to Know

  • Passing score: Pass/Fail (50% is a pass)
  • Assessment: Question count not published by the exam provider
  • Time limit: Up to 3 hours (open-book, online-proctored)
  • Exam fee: $500 CAD (plus taxes)

Keys to Passing

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

NCA Torts Study Tips from Top Performers

1Build the negligence analysis as a spine: duty (Anns/Cooper v Hobart foreseeability + proximity + residual policy), standard of care, factual causation ('but for' from Clements), legal causation/remoteness (reasonable foreseeability from Mustapha), and damage — the exam rewards working through each element in order
2Master the Clements v Clements distinction: 'but for' is the default factual test, while material contribution to risk is a narrow, policy-driven exception available only where multiple tortfeasors make 'but for' impossible to prove — it is rarely satisfied
3Apply Canadian, not US or English, law: Canada uses negligence (not strict products liability), Cooper's two-stage test (not Caparo's three stages), and the Bazley v Curry enterprise-risk test for vicarious liability — note where these diverge
4For defamation, prove the three elements (defamatory meaning, reference to the plaintiff, publication), then work through defences: justification, qualified privilege, WIC Radio fair comment, and the Grant v Torstar responsible-communication defence (public interest plus diligent verification)
5Because the real exam is open-book, prepare a concise, well-indexed case-and-rule summary (Cooper, Clements, Mustapha, Bazley, Jacobi, Grant v Torstar, Antrim Truck Centre, Rylands v Fletcher, Hall v Hebert, the trilogy) so you can locate authority quickly under time pressure
6Practise applying the law to facts using the NCA's sample Torts exam and the guides 'How to Answer Fact-based Law Exam Questions' and 'Tips for Writing NCA Torts Exam' — issue-spotting and analysis, not just rule recall, are what is graded

Frequently Asked Questions

What is the NCA Canadian Tort Law examination?

Canadian Tort Law is one of the substantive subject exams assessed by the National Committee on Accreditation (NCA), a committee of the Federation of Law Societies of Canada. It tests the law of negligence, intentional torts, vicarious and occupiers' liability, negligent misstatement and pure economic loss, defamation, nuisance, strict liability, and damages, using leading Canadian authorities. Passing it is a step toward qualifying to practise law in a Canadian common-law province.

What is the format of the NCA Torts exam?

The real NCA Torts exam is open-book and fact-based, with a maximum of three hours. It is administered online with proctoring and uses written short-answer, essay, and problem questions rather than multiple choice. It is graded on a pass/fail basis, where 50% is a pass. The 100 multiple-choice questions in this OpenExamPrep bank are a knowledge-prep aid built on real Canadian cases to reinforce the substantive law; they are not the format of the actual exam.

How much does the NCA Torts exam cost in 2026?

The fee to register for each NCA exam is $500 CAD plus applicable taxes. This is separate from the one-time NCA assessment (application) fee, approximately $400 CAD plus taxes, which covers the evaluation of your foreign credentials. The NCA allows a maximum of three attempts per subject, and each resit costs the full exam fee plus taxes.

What Canadian cases distinguish the NCA Torts syllabus from US or English tort law?

Canada has developed distinct authorities you must apply rather than US or English doctrine: Cooper v Hobart (the Anns two-stage duty test), Clements v Clements ('but for' causation and the narrow material-contribution-to-risk exception), Mustapha v Culligan (remoteness and mental injury), Bazley v Curry (the enterprise-risk test for vicarious liability), Grant v Torstar (the responsible-communication defamation defence), and Antrim Truck Centre (nuisance). Unlike the US, Canada applies negligence rather than general strict products liability.

Who has to write the NCA Torts exam?

The NCA assesses internationally trained lawyers and foreign law graduates to determine equivalency, then assigns required examinations. Whether Tort Law is assigned depends on the applicant's prior legal education; it is a common substantive assignment, especially for those whose foreign training did not cover Canadian common-law torts. Canadian common-law JD graduates generally enter a law society's licensing process directly without NCA assessment.

What happens after I pass the NCA exams?

After completing the NCA's assigned exams you receive a Certificate of Qualification, which establishes academic equivalency. It does not by itself confer a licence to practise. You must then complete the licensing process of the specific provincial or territorial law society, which typically includes the bar admission examination(s) and an articling term or equivalent experiential training before being called to the bar.