Bar Exam Breach: Law Society Of Ontario Moves Ahead With Claim While Affected Candidates Are Left On Outside Looking In

• Published date: 22 June 2022
• Subject Matter: Intellectual Property, Litigation, Mediation & Arbitration, Copyright, Licensing & Syndication, Trials & Appeals & Compensation, Civil Law
• Law Firm: Aird & Berlis LLP
• Author: Josh Suttner and Hannah Downard

On May 25, 2022, following months of investigation, the Law Society of Ontario ("LSO") announced that it had commenced an action against Aamer Chaudhry and NCA Exam Guru ("the Defendants") for their alleged role in the breach and distribution of confidential exam materials to licensing candidates. The Statement of Claim published online as part of the LSO's announcement seeks general damages and injunctive relief requiring the defendants to return and destroy any confidential material in their possession. At time of writing, the Defendants have not filed a Statement of Defence. They did put out a public statement, discussed below, and filed a Demand for Particulars.

Background

The LSO is the gatekeeper to anyone wishing to become a lawyer in Ontario. It regulates and licenses all lawyers and paralegals in the province. The most common way to become a licensed lawyer in Ontario is to attend an Ontario law school, take the bar exam a few months after graduating, article for 10 months at a law firm, and then attend the call to the bar ceremony where you sit in a hot, crowded room with 500 other candidates, waiting for your name to be called so you can briefly walk across the stage and shake a few hands.

There are other paths to becoming a lawyer in Ontario. You could attend a non-Ontario law school,¹ clerk at one of the courts instead of articling, or attend the Law Practice Program at Toronto Metropolitan University's Lincoln Alexander School of Law. However, one constant among all candidates is the bar exam. To practise in Ontario, you must pass the bar exam, which consists of two day-long, multiple-choice tests – one test for barrister-related law (think litigation) and one for solicitor-related law (think transactional work).

Because the bar exam is universal to all candidates, there are a number of tutoring services which offer to assist candidates in their preparation for the exam. One of the more well-known tutoring services was offered by Mr. Chaudhry² and his company, NCA Exam Guru. NCA Exam Guru is a professional tutoring service which, according to its website, helps candidates "convert their legal qualifications and take the NCA Exam in Canada," while also offering aid in preparation for the barrister and solicitor exams administered by the LSO.

Because every candidate must pass the bar exam, the LSO prioritizes security and integrity. To write the licensing exams, all candidates must sign a Candidate Agreement – a contract between the candidate and the LSO prohibiting any form of dissemination, copying...