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Under the Rules of Professional Conduct, when may a lawyer enter into a contingency fee agreement in a civil litigation matter in Ontario?

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2026 Statistics

Key Facts: Ontario Barrister Exam

160

Multiple-Choice Questions

Law Society of Ontario

4 hrs 30 min

Total Exam Time (two sittings)

Law Society of Ontario

Open book

Self-Study Format

Law Society of Ontario

Pass/Fail

Criterion-Referenced Scoring

Law Society of Ontario

~CAD $5,260

Lawyer Licensing Process Fee (both exams)

Law Society of Ontario (2026)

100+

Practice Questions Here

OpenExamPrep question bank

The Ontario Barrister Licensing Examination is an open-book, multiple-choice exam administered by the Law Society of Ontario (LSO). It has 160 questions written in 4.5 hours across two sittings in one day, mixing stand-alone questions with case-based scenarios. The exam covers four substantive areas - Public Law, Criminal Procedure, Civil Litigation, and Family Law - plus Ethical and Professional Responsibilities and practice management competencies that appear throughout. It is criterion-referenced (pass/fail against a fixed competence standard), not curved; the LSO does not publish a percentage cut-off or pass rate. Candidates self-study from LSO-licensed materials and must also complete experiential training (articling or the Law Practice Program) and meet the good character requirement to be called to the bar.

Sample Ontario Barrister Practice Questions

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

1A lawyer is retained by a new client to defend a civil claim. During the initial interview, the lawyer realizes the client is the same person against whom the lawyer's current client in an unrelated matter holds an unpaid judgment. Under the Law Society of Ontario Rules of Professional Conduct, what must the lawyer do before acting?
A.Proceed, because the two matters are factually unrelated and pose no conflict
B.Accept the retainer but charge a higher fee to offset the added risk
C.Determine whether a conflict of interest exists and, if so, decline unless the affected clients give informed consent and the lawyer reasonably believes she can competently represent each
D.Refer the matter to the Law Society for a conflicts ruling before deciding
Explanation: Under Rule 3.4 of the Rules of Professional Conduct, a lawyer must not act where there is a conflict of interest unless there is informed consent (and consent is permissible) and the lawyer reasonably believes she can represent each client without adverse effect. A substantial risk that representation of one client would be materially and adversely affected by duties to another triggers the rule even across unrelated files.
2A client tells her lawyer in confidence that she intends to harm a specific identified individual the following week. Under the Rules of Professional Conduct, the duty of confidentiality in Rule 3.3 may be displaced in which situation?
A.Whenever disclosure would assist the administration of justice generally
B.Never, because solicitor-client confidentiality is absolute in Ontario
C.Only with the express written consent of the client
D.Where the lawyer believes on reasonable grounds that there is an imminent risk of death or serious bodily harm and disclosure is necessary to prevent it
Explanation: Rule 3.3-3 permits (but does not require) a lawyer to disclose confidential information where the lawyer believes on reasonable grounds that there is an imminent risk of death or serious bodily harm and disclosure is necessary to prevent it. This is the 'future harm/public safety' exception recognized in Smith v. Jones, [1999] 1 S.C.R. 455.
3A barrister discovers, in the middle of a civil trial, that a key document her client swore was complete had material omissions the client deliberately concealed. The client refuses to correct the record. What is the lawyer's obligation under the Rules of Professional Conduct?
A.Continue to advance the client's position because the duty of loyalty is paramount
B.Not knowingly assist or permit the client to deceive the court, and if the deception cannot be corrected, withdraw if required
C.Immediately tell the trial judge the client lied, regardless of confidentiality
D.Quietly correct the document without telling anyone
Explanation: Rule 5.1-2 prohibits a lawyer from knowingly assisting or permitting a client to perpetrate a fraud on the tribunal. The lawyer must urge the client to correct the dishonesty; if the client refuses and the deception remains, the lawyer may be required to withdraw under Rule 3.7. The duty as an officer of the court overrides advancing a position the lawyer knows is based on deceit.
4Under the Rules of Professional Conduct, when may a lawyer enter into a contingency fee agreement in a civil litigation matter in Ontario?
A.In civil matters, but not in criminal or family law matters where prohibited by the Solicitors Act and regulations
B.In any matter, including criminal and quasi-criminal proceedings
C.Only with prior approval of the Superior Court of Justice in every case
D.Never, because contingency fees are prohibited in Ontario
Explanation: Contingency fee agreements are permitted in Ontario under the Solicitors Act and O. Reg. 195/04, but they are prohibited in criminal, quasi-criminal, and most family law matters. Rule 3.6 also requires fees to be fair and reasonable and properly disclosed. Court approval is required only in specific situations, such as matters involving persons under disability.
5A lawyer receives funds from a client to be held pending the outcome of a transaction. Under the Law Society by-laws governing trust accounts, how must the lawyer handle these funds?
A.Deposit them into the lawyer's general operating account and track them on a ledger
B.Hold the funds in cash in the office safe until the transaction closes
C.Deposit them into a designated trust account, keep them separate from the lawyer's own funds, and maintain required trust records
D.Invest the funds at the lawyer's discretion to maximize return for the client
Explanation: By-Law 9 requires money received in trust to be deposited into a designated trust account, kept separate from the lawyer's own money, and recorded in compliant trust books and records. Commingling trust funds with general funds is a serious breach. The lawyer holds the funds as a fiduciary and may only disburse them as authorized.
6A self-represented opposing party contacts a lawyer to discuss settlement. Under the Rules of Professional Conduct, what is the lawyer's obligation when dealing with an unrepresented person?
A.Provide the unrepresented person with full legal advice to ensure fairness
B.Treat the person exactly as if they were represented by counsel
C.Refuse to communicate with the person at all until they retain counsel
D.Take care to ensure the unrepresented person is not under the impression that the lawyer is protecting their interests, and urge them to obtain independent legal advice
Explanation: Rule 7.2-9 requires a lawyer dealing with an unrepresented person to make clear that the lawyer acts only for the lawyer's own client, take care that the unrepresented person does not believe the lawyer is protecting their interests, and recommend they obtain independent legal advice. The lawyer must not give legal advice to the unrepresented person beyond suggesting they get counsel.
7Which of the following best describes the doctrine of parliamentary supremacy as it operates within Canada's constitutional framework after 1982?
A.Parliament and the legislatures are supreme and no court may ever invalidate their legislation
B.Only the federal Parliament is supreme; provincial legislatures have no independent law-making authority
C.Legislatures may enact any law they choose, subject to the division of powers and the Charter of Rights and Freedoms, which together limit legislative authority
D.Courts may strike down any law they consider unwise as a matter of policy
Explanation: Since the Constitution Act, 1982, parliamentary supremacy is constrained by constitutional supremacy: section 52(1) makes the Constitution the supreme law, so legislation must respect both the division of powers (Constitution Act, 1867) and the Charter. Within those limits, legislatures retain broad authority to enact law. The notwithstanding clause (s. 33) allows limited override of certain Charter rights.
8A provincial statute is challenged on the ground that, although framed as consumer protection, its real purpose and effect is to regulate banking. In dividing legislative power, what doctrine will a court apply to determine the law's true subject matter?
A.The doctrine of paramountcy
B.The doctrine of interjurisdictional immunity only
C.The pith and substance doctrine
D.The political questions doctrine
Explanation: Under the pith and substance doctrine, a court identifies the dominant purpose and effect (the 'matter') of the law and assigns it to a head of power under sections 91 or 92 of the Constitution Act, 1867. Banking is a federal head under s. 91(15), so a provincial law whose true character is banking regulation would be ultra vires. Pith and substance looks past the law's form to its real character.
9An accused argues that evidence obtained from a warrantless search of his backpack should be excluded. The trial judge finds the search breached section 8 of the Charter. What is the test for excluding the evidence?
A.The section 24(2) Grant analysis: the seriousness of the Charter-infringing conduct, the impact on the accused's protected interests, and society's interest in adjudication on the merits
B.Automatic exclusion of any evidence obtained through a Charter breach
C.Exclusion only if the police acted in bad faith
D.Exclusion only where the evidence is unreliable
Explanation: Under section 24(2) of the Charter, evidence obtained in a manner that breached a Charter right may be excluded where admission would bring the administration of justice into disrepute. R. v. Grant, 2009 SCC 32, sets out three lines of inquiry: seriousness of the state conduct, impact on the accused's Charter-protected interests, and society's interest in adjudication on the merits. The court balances these factors.
10A statute restricts certain political advertising during an election. The Crown concedes the law limits freedom of expression under section 2(b) of the Charter but argues it is justified. Which framework determines whether the limit is constitutionally permissible?
A.The Oakes test under section 1 of the Charter
B.The Grant analysis under section 24(2)
C.The pith and substance doctrine
D.The doctrine of paramountcy
Explanation: Section 1 of the Charter guarantees rights subject to reasonable limits demonstrably justified in a free and democratic society. R. v. Oakes, [1986] 1 S.C.R. 103, establishes the test: a pressing and substantial objective, plus proportionality (rational connection, minimal impairment, and balance between deleterious and salutary effects). A conceded s. 2(b) limit is upheld only if it survives Oakes.

About the Ontario Barrister Exam

The Ontario Barrister Licensing Examination is one of two licensing exams (with the Solicitor Examination) administered by the Law Society of Ontario as part of the lawyer licensing process. It is an open-book, self-study exam consisting of 160 multiple-choice questions written over 4.5 hours in two sittings on a single day. The Barrister exam tests entry-level competence in litigation-side practice: Public Law (constitutional, administrative, and statutory interpretation), Criminal Procedure, Civil Litigation, and Family Law, grounded in the Charter of Rights and Freedoms, the Criminal Code of Canada, the Ontario Rules of Civil Procedure, the Divorce Act, and the Ontario Family Law Act. Ethical and professional responsibility questions, drawn from the Rules of Professional Conduct, are woven throughout the exam.

Questions

160 scored questions

Time Limit

4 hours 30 minutes (two sittings in one day)

Passing Score

Criterion-referenced pass/fail (entry-level competence standard; percentage not published)

Exam Fee

Included in the LSO lawyer licensing process fee (~CAD $5,260 for both exams) (Law Society of Ontario)

Ontario Barrister Exam Content Outline

20%

Public Law

Constitutional law and the Charter of Rights and Freedoms (ss. 1, 7-14, Oakes test), division of powers under the Constitution Act, 1867, administrative law (procedural fairness per Baker, reasonableness review per Vavilov), judicial review and prerogative remedies, and statutory interpretation (modern principle)

20%

Criminal Procedure

Criminal Code of Canada offences and procedure, Charter rights on arrest and detention (s. 10(b)), bail and the ladder principle (Antic), disclosure (Stinchcombe), the confessions rule (Oickle), trial-within-reasonable-time (Jordan), evidence, sentencing, and appeals

20%

Civil Litigation

Ontario Rules of Civil Procedure, pleadings and originating process, examinations for discovery, motions to strike (Rule 21) and summary judgment (Hryniak), limitation periods (Limitations Act, 2002), injunctions (RJR-MacDonald), costs and Rule 49 offers, and enforcement of judgments

18%

Family Law

Federal Divorce Act and the Ontario Family Law Act, equalization of net family property and the matrimonial home, child support (Child Support Guidelines) and spousal support (Moge, Bracklow), parenting orders and best interests of the child, relocation, and domestic contracts (s. 56(4))

15%

Ethical & Professional Responsibilities

Rules of Professional Conduct: conflicts of interest and joint retainers, confidentiality and privilege, candour to the tribunal, competence, withdrawal, duty to report, and the special duties of Crown counsel - tested throughout the exam, not as a separate section

7%

Practice Management & Client Relationship

Trust accounting (By-Law 9), the cash transactions rule, client identification and verification (By-Law 7.1), retainers and limited scope retainers, limitations and file management systems, and errors-and-omissions handling (LawPRO)

How to Pass the Ontario Barrister Exam

What You Need to Know

  • Passing score: Criterion-referenced pass/fail (entry-level competence standard; percentage not published)
  • Exam length: 160 questions
  • Time limit: 4 hours 30 minutes (two sittings in one day)
  • Exam fee: Included in the LSO lawyer licensing process fee (~CAD $5,260 for both exams)

Keys to Passing

  • Complete 500+ practice questions
  • Score 80%+ consistently before scheduling
  • Focus on highest-weighted sections
  • Use our AI tutor for tough concepts

Ontario Barrister Study Tips from Top Performers

1Build a detailed, tabbed index of your LSO materials for every subject - on an open-book exam, the candidates who can find the answer fastest have a major advantage across 160 questions in 4.5 hours
2Master high-frequency public law and criminal procedure cases by name and rule: Oakes (s. 1), Grant (s. 24(2) exclusion), Jordan (delay), Stinchcombe (disclosure), Antic (bail ladder), and Vavilov (standard of review)
3For civil litigation, memorize the key Ontario deadlines and thresholds: 20 days to defend (served in Ontario), two-year basic limitation period, $35,000 Small Claims limit, and the $200,000 simplified procedure threshold under Rule 76
4In family law, separate the federal Divorce Act (divorce, support, parenting) from the Ontario Family Law Act (equalization of net family property and the matrimonial home), and know that equalization does not apply to common-law partners
5Treat professional responsibility as a cross-cutting topic - conflicts, confidentiality, candour to the tribunal, and competence can appear in any case-based scenario, so apply the Rules of Professional Conduct to every fact pattern
6Practice case-based question sets under timed conditions: read the scenario once, then answer each linked question, and watch for the single best answer rather than a merely acceptable one

Frequently Asked Questions

How many questions are on the Ontario Barrister Licensing Examination?

The Barrister exam consists of 160 multiple-choice questions written over 4 hours and 30 minutes in two sittings on a single day. It includes both stand-alone multiple-choice questions and case-based questions, where a short fact scenario is followed by several related questions testing both substantive law and professional responsibility.

Is the Ontario Barrister exam open book?

Yes. The Barrister exam is an open-book, self-study exam. The Law Society of Ontario provides licensed study materials that candidates may bring and reference during the exam. Because it is open book, success depends heavily on knowing the material well and having a well-organized, indexed set of materials so you can locate answers quickly within the time limit.

What subjects are tested on the Ontario Barrister exam?

The Barrister exam covers four substantive areas: Public Law (constitutional, administrative, and statutory interpretation), Criminal Procedure, Civil Litigation, and Family Law. It also tests Ethical and Professional Responsibilities under the Rules of Professional Conduct and practice management competencies. Professional responsibility questions appear throughout the entire exam rather than in a dedicated section.

What is the passing score for the Ontario Barrister exam?

The exam is criterion-referenced and reported as pass/fail. Candidates are judged against a fixed standard of entry-level competence, not on a curve against other candidates. The Law Society of Ontario does not publish the exact percentage cut-off or the pass rate, though commentators commonly estimate the threshold in the range of about 60 to 70 percent.

How much does the Ontario lawyer licensing process cost?

The Barrister exam is not billed as a standalone fee; it is part of the Law Society of Ontario lawyer licensing process fee, which is roughly CAD $5,260 and covers both the Barrister and Solicitor examinations. Fees are subject to applicable taxes and periodic change, so candidates should confirm the current amount on the LSO website.

What do I need to do before writing the Ontario Barrister exam?

You must hold a Canadian JD/LLB (or an NCA Certificate of Qualification for internationally trained applicants) and enrol in the LSO lawyer licensing process. To be called to the bar you must also complete experiential training, either an approved articling placement of at least eight months or the Law Practice Program (LPP), and satisfy the good character requirement, in addition to passing both licensing exams.