Re: NCA Exams
 

Used it for what exactly - do you mean as some sort of prep for the NCA exams, or as an alternative to meeting the required courses? I had not heard of any 'distance learning' alternatives.

Also, curious as to what you are doing all the way up in FSJ?

FROTSUK

Re: NCA Exams
 

Hi Osgoode Hall Law offer NCA exam preparation courses twice a year in the four core subjects. Instead of attending the lectures in person it is posssible to view them over the internet.

My husband was recruited direct to FSJ from the UK. I had no plans to practice law again but ...

Does anyone have any comments about Osgoode Hall Law NCA exam preparation courses?

Re: NCA Exams
 

Thanks. I just saw this. For the longest time I was getting discouraged about law again, but I've started doing more legal writing at work and got bitten by the law bug once again. My director also encouraged me to reapply to the NCA, and just today I had an argument with one of my team members (he is a recently qualified Canadian lawyer). He argued with me that wrongful dismissal is a tort (clearly, it's a breach of contract). Anyway, that little episode gave me some encouragement too as I began to realize that I know just as much about Canadian employment law as most recent Canadian law grads.

I think I'm going to reapply after all once my book is complete. Even if I have to do more courses, so be it. Where there's a will there's a way! Otherwise, I'm going to be sitting on my deathbed (hopefully many years from now) lamenting the fact that I never became a lawyer. If I can't get it out of my system, I might as well keep trying (especially since I'm already in a management job in a quasi-legal environment). The first thing I'm going to do is phone the NCA and find out if I have a chance.

Re: NCA Exams
 

Not to rain on your argument but the other person may have been alluding to the fact that depending on the circumstances of the Dismissal, the Tort of Negligent Misstatement could be more in play, thus trumping any simple Breach of Contract. For example, as part of a WD the employer issues an employment reference 'without sufficient care' as to amount to Negligence. Possibility?

This is obviously not legal advice just the ramblings of some interweb person on a bleary saturday morning.

I am sure others will be along shortly...

FROTSUK

Re: NCA Exams - onwards and upwards
 

Back on strict topic:

By the way, anyone actually know of any english-speaking person who has actually failed one of these NCA exams? The ESL point is important and this is why I flag it up.

FROTSUK

Re: NCA Exams - onwards and upwards
 

I know of a few. Usually, they failed Admin Law.

Re: NCA Exams - onwards and upwards
 

Yes, I suspected you would mention Admin.

To me the exam itself seemed a poorly written combination of Constitutional and Foundations, a topic without enough meat of its own to merit a stand alone examination.

Save for the Charter's influence (although key) I failed to see how it differed substantially from, for example, English Public Law. I suspect that where people may have erred is thinking that the two are really just the same, and therefore did not 'swot up' sufficiently on the minor Canadian contexual differences.

Of course, Admin is (and always was) also as dry as camel s*it as a read, which does one no favours!

We will see :fingerscrossed:

FROTSUK

Re: NCA Exams
 

True, and various torts are often pleaded in conjunction with a wrongful dismissal suit. However, based on the simple question, "Is wrongful dismissal a tort or a breach of contract?" the simple answer is that it falls squarely under the law of contract (as does a large part of non-union employment law). This person was arguing that wrongful dismissal is a tort, full stop.

Re: NCA Exams
 

Ok.
Maybe the kid got it wrong.
My point is employment law tends never to be simple:

For example, is every form of employment regulated by strict common law of contract? No. Military service.

Is military service "non-union employment"? Yes.

In relation to military service employment, do torts occur in relation to the realm of 'wrongful dismissal'? Yes.

Therefore, at least in relation to military service employment, 'wrongful dismissal', cannot "fall squarely under the law of contract".

Just an academic exercise here ;)

FROTSUK

Re: NCA Exams
 

Your Articling period would be another example of a 'master/servant' relationship where you would find that (depending on your jurisdiction) you would not have a 'contract of employment'.

However, you could certainly have your service 'terminated' wrongfully, in a tortious manner.

FROTSUK

Re: NCA Exams
 

does anyone have any notes on the 4 core subjects that they would kindly share. I have the foundations and criminal notes, but it's hard to find updated constitutional and administrative law notes. Also I was wondering if it would be okay to use the Craik 2006 edition for Foundation Law with updated notes

Re: NCA Exams
 

I don't have any of the notes. Would you mind sharing your criminal & foundations, or letting me know how I can get them? Thanks

Re: NCA Exams
 

yeah no worries, pm me your e-mail

Re: NCA Exams
 

I make it Week 12 - any movement on your end? No post here yet...:blink:
Bas*ards!

FROTSUK

Re: NCA Exams
 

Nothing yet. I just have a feeling that the results are going to come the same time I have my wisdom teeth out...