NCA Civil Procedure Practice Questions - NCA Canadian Civil Procedure Examination Exam - NCA Civil Procedure Practice Questions - NCA Canadian Civil Procedure Examination Exam

Question 1

Under Ontario's Limitations Act, 2002, unless the Act provides otherwise, when must a proceeding generally be commenced in respect of a claim?

Within two years of the day the claim was discovered Within six years of the day the act or omission occurred, regardless of discovery Within one year of retaining counsel There is no statutory limitation period for civil claims in Ontario

Correct Answer:

Within two years of the day the claim was discovered

Question 2

A plaintiff is injured in a car accident but does not appreciate that the injury is serious enough to warrant a lawsuit until months later. Applying Peixeiro v Haberman and the discoverability principle reflected in Ontario's Limitations Act, 2002, when does the basic limitation period typically begin to run?

On the day of the accident, because the tort was complete then When the plaintiff discovers, or ought reasonably to have discovered, the material facts on which the claim is based, including that a proceeding would be an appropriate means to seek a remedy Only when a physician provides a formal written diagnosis When the defendant admits liability

Correct Answer:

When the plaintiff discovers, or ought reasonably to have discovered, the material facts on which the claim is based, including that a proceeding would be an appropriate means to seek a remedy

Question 3

In addition to the basic two-year limitation period, Ontario's Limitations Act, 2002 establishes an ultimate limitation period. What is its general length, and how does discoverability apply to it?

Fifteen years from the day the act or omission took place; it is generally not postponed by discoverability Ten years from discovery of the claim Twenty years from the day of injury, always subject to discoverability Five years from service of the statement of claim

Correct Answer:

Fifteen years from the day the act or omission took place; it is generally not postponed by discoverability

Question 4

In Grant Thornton LLP v New Brunswick, 2021 SCC 31, what degree of knowledge is required for a claim to be 'discovered' for limitation purposes under New Brunswick's discoverability framework as applied by the Court?

The plaintiff must have conclusive proof of liability and quantum before the clock starts The plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference of liability can be drawn Knowledge is irrelevant; the period always runs from the date of loss Only knowledge obtained from the defendant's confession counts

Correct Answer:

The plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference of liability can be drawn

Question 5

A 16-year-old is injured in Ontario and has no litigation guardian. How do capacity rules typically interact with the basic limitation period under the Limitations Act, 2002?

The basic limitation period runs against the minor from the date of injury regardless of capacity The limitation period is generally suspended while the person is a minor and not represented by a litigation guardian, subject to the Act's rules Minors can never sue after turning 18 Only the ultimate 15-year period applies to minors; the basic period never applies

Correct Answer:

The limitation period is generally suspended while the person is a minor and not represented by a litigation guardian, subject to the Act's rules

Question 1

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Prepare with the NCA Civil Procedure Practice Questions - NCA Canadian Civil Procedure Examination Exam practice quiz. This question bank includes 100 questions covering ontario, civil, rules, limitation, and court. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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NCA Civil Procedure Practice Questions - NCA Canadian Civil Procedure Examination Exam

This practice set contains 100 questions from the matching question bank and focuses on ontario, civil, rules, limitation, and court. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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NCA Civil Procedure Practice Questions - NCA Canadian Civil Procedure Examination Exam

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