NCA Practice Questions 2026

A junior associate at a Toronto firm discovers that the senior partner representing a corporate client in a regulatory matter previously acted for the opposing party in a related transaction two years ago. The senior partner claims the matters are unrelated. The junior associate is uncertain whether a duty to report exists and whether the firm must withdraw. Identify the applicable rules under the Model Code of Professional Conduct, discuss the duty of loyalty and confidentiality conflicts at issue, and advise whether the firm can continue acting with the use of an ethical screen.

Sarah, intoxicated after a party, takes her friend's car keys and drives away without permission. She falls asleep at the wheel, crosses the centre line, and collides with an oncoming vehicle, seriously injuring the other driver. The Crown charges Sarah with dangerous driving causing bodily harm (s. 320.13(2)) and theft of a motor vehicle (s. 333.1). Discuss the mens rea requirements for each offence, whether Sarah can raise intoxication as a defence following R v Brown [2022 SCC 43], and analyse her potential criminal liability.

A deceased landowner's will grants "Blackacre to my daughter Ana for life, then to her children who reach the age of 25." Ana has two children: one aged 27 and one aged 12. A neighbouring property owner has been openly using a strip of Blackacre as a driveway for 15 years. Identify and analyse the estates and future interests created by the will, discuss whether the Rule against Perpetuities applies, and advise whether the neighbour has acquired possessory title to the strip under Ontario's Real Property Limitations Act.

In the wake of Canada (Minister of Citizenship and Immigration) v Vavilov [2019 SCC 65], a provincial labour board dismissed a worker's complaint alleging unjust dismissal without providing reasons. The worker's union argues that the board failed to consider binding jurisprudence from the same tribunal. The worker seeks judicial review. Identify the applicable standard of review, discuss whether the decision-maker's failure to give reasons is itself a basis for finding unreasonableness, and advise on the likely outcome.

The federal government enacts legislation requiring all interprovincial trucking companies to install zero-emission engines by 2028. The Province of Alberta challenges the law, arguing it falls under provincial jurisdiction over property and civil rights (s. 92(13) of the Constitution Act, 1867). The federal government invokes the national concern branch of the Peace, Order, and Good Government (POGG) power. Apply the Crown Zellerbach test to determine whether the legislation is valid federal law, and discuss whether References re Greenhouse Gas Pollution Pricing Act [2021 SCC 11] alters the analysis.

The Supreme Court of Canada has increasingly recognised Indigenous legal orders as part of Canada's constitutional framework. With reference to Haida Nation v British Columbia [2004 SCC 73] and Tsilhqot'in Nation v British Columbia [2014 SCC 44], discuss the duty to consult and the concept of Aboriginal title. Explain how the honour of the Crown operates as a constitutional principle, and analyse whether provincial resource development legislation that does not include an Indigenous consultation mechanism is constitutionally valid.