Recent exam leak leaves some licensing candidates in limbo
After graduating law school, only two things stand in the way of practicing law independently in Ontario: completing an experiential training program (most commonly, an eight-month articling placement), and successfully passing both the barrister and solicitor licensing examinations.
The Law Society of Ontario (LSO) regulates the licensing process in the province and is the sole provider of the barrister and solicitor licensing examinations, both of which are colloquially referred to as the bar exam. It consists of four-hour open-book, multiple choice exams which measure the minimum knowledge and competencies required of barristers and solicitors in the province. The bar is offered three times a year—in summer (typically in June), fall (typically in November), and winter (typically in March).
On March 5, 2022, the LSO announced that all March 2022 bar examinations, scheduled to take place from March 8-11 and March 22-25, were cancelled to uphold the integrity of the examination, after the LSO received information indicating the examination’s content had been improperly accessed by some candidates. The LSO stated that third party involvement is believed to be a factor in the leak. They indicated the cancellation impacted approximately 1,100 candidates who were set to write the bar in March.
According to the LSO, an external party is tasked with conducting an investigation into the breach. In addition to the March 2022 examination, the investigation includes previously written examinations which may have been subject to improper access by licensing candidates. Candidates under investigation, who would have otherwise been eligible for licensure, have been notified by the LSO that their eligibility to be called to the bar is being held in abeyance, pending the investigation’s outcome. The LSO has not indicated how many candidates have been affected by the abeyance.
On March 12, 2022, the LSO announced that the March 2022 barrister and solicitor licensing exams have been rescheduled to April 5-8 and April 26-29, respectively. Candidates were not able to choose their preferred sitting date; rather, the LSO assigned exam dates to candidates. As of publication, the LSO has yet to determine whether the March 2022 examination deferral will have an impact on candidates who previously expected to be called to the bar in June 2022.
For licensing candidates, the rescheduled exams may pose extenuating challenges. Throughout the COVID-19 pandemic, the bar exam has been held exclusively in an online format, and the originally scheduled March 2022 exams were no exception. However, the rescheduled April exams are set to proceed in-person in Toronto, using a paper-based exam.
The LSO indicates that “heightened invigilation protocols and strengthened rules” will be in place, in addition to specific COVID-19 protocols. The LSO cites balancing “the need for confidence in the examination process with the needs of candidates to continue their licensure journey” as the reason for the switch. Candidates who are unable to travel to Toronto for either of the in-person exams were required to apply for a deferral to a future examination period by March 25. Further, candidates who are “unable to be with other people in a room” for COVID-19 reasons were asked to defer.
For candidates impacted by exam deferrals or abeyances, the LSO has not provided much in terms of bridging the gap to practice. Candidates are unable to practice law independently without a license, so those at the end of their articling term will need to enter into a Supervision Agreement with an approved principal in order to provide legal services and continue their employment. However, these agreements are not effective until they receive approval from the LSO, who has indicated that they will endeavour to approve these applications on an expedited basis. Unfortunately, this doesn’t provide a solution for candidates who were expecting to receive a salary increase upon being granted a license to practice, or for employers who were expecting to have a full-fledged lawyer in their employ—those issues are left to be sorted out between the candidate and their employer.
Beyond the rescheduled April exams, the next barrister examination period is scheduled for May 31-June 3 and June 7-10, and the next solicitor examination period is scheduled for June 21-24 and June 28-30. As of publication, these examinations are set to take place online.
The LSO did not respond to UV’s request for comment. Anyone with information material to the investigation is asked to contact the LSO via email at [email protected].
Editors Note: As more information becomes available, updates will be made to this story online at ultravires.ca.
