With the reform of the Quebec Bar Exam structure in 2023, a new exam was introduced, namely the Drafting and Theory of a Case Exam. As may be guessed from its name, this exam has you draft a proceeding (60% of the exam) and answer questions on the theory of a case (40% of the exam).

Drafting

For the drafting component, you will be presented with a fact pattern, normally in obligations (for example, collecting an unpaid loan, damages after a sale with latent defects, or the resiliation of a lease), for which you will need to draft a proceeding, generally the Originating Application. Points are awarded for having the right header, allegations and conclusions, and points are taken away for improper drafting language or unnecessary allegations or conclusions.

When drafting, it is important to first identify the recourse being instituted and its underlying components. Then, you need to identify the relevant facts and exhibits for each of those components. Finally, you need to tell the story in chronological order making sure that you include all of the underlying components which you identified and referring to the relevant exhibits.

Don’t assume that because this is a drafting exercise that the Quebec Bar School won’t throw you a trick or two. Expect that there is some less obvious legal principle which you need to apply, such as solidarity.

The best way to learn how to draft well is through practice. In that regard, the old Civil II Bar Exams contain drafting questions and the Bar-approved solution sheet. They can be found be found here: Past Quebec Bar Exams. Since these exams were written before the coming into force of the (new) Code of Civil Procedure in 2016, some minor changes need to be brought to the answers to account for changes in the law, primarily with respect to the name of the proceedings and the monetary jurisdiction of the different courts. Be mindful of this fact when correcting your answers.

During a recent crash course which I gave to help students prepare for the Drafting and Theory of a Case Exam, several Anglophone students mentioned that there are no English answer grids for the old Quebec Bar Exams and this made preparing for this exam much more difficult. As far as I know, Quebec Bar School only ever released French solution sheets to its exams.

To help my fellow Anglophone students, I prepared English versions of the proceeding in the solution sheet to several of the past Quebec Bar Exams, updated of course to the new law. These can be downloaded below under the entries “English Drafted Proceeding”:

Theory of a Case

With respect to the theory of a case component, this is normally divided into three sections: (1) identify the legal recourse which may be exercised and its underlying components; (2) identify the type of evidence and its probative force; and (3) determine the response or defence which could be raised against certain arguments.

The fact pattern is normally in torts (respo civile). Accordingly, to prepare for the identification of the correct recourse, you need to study torts to know which recourse applies. Don’t forget that if there is a contract between the parties, the recourse is in contractual liability (1458 C.C.Q.) as opposed to in extracontractual liability (1457, 1459 C.C.Q. and following). A good way to get good at identifying these recourses is to answer the torts questions on the past exams (these may be found here: Past Quebec Bar Exams) and take the time to draw yourself a diagram of the relationship between the different parties in the question (see this post for more information). By drawing these diagrams, you increase your chances of correctly identifying the recourse as the relationship between the parties often defines the applicable recourse.

To prepare for the identification of the applicable type of evidence and to determine the response to an argument raised, you need to study evidence. Naturally, doing the past exams on evidence is a great way to prepare for this part of the exam. These may be found here: Past Quebec Bar Exams.

Finally, if you want a little additional help, sign up for our upcoming 4-hour Drafting and Theory of a Case Exam crash course, or if its date has not yet been announced, join our waiting list to be notified right away once its date has been announced (see here for more information). We also offer tutoring services if you want more personalized instruction to help you get up to speed for this exam and others (see here for more information.)

Best of luck with your preparation.