LSO says continuing with online examinations ‘not possible’ due to cheating investigation

By Ian Burns

Law360 Canada (April 14, 2022, 11:21 AM EDT) -- The Law Society of Ontario (LSO) is standing by its decision to shift the dates of its upcoming lawyer licensing examinations due to an ongoing investigation into whether exam content had been improperly accessed.

The regulator announced earlier this month that the summer barrister and solicitor summer examination sitting has been moved from an online examination in June to in-person examinations in July because of “strong indications” that content had been accessed through cheating. Chief executive officer Diana Miles said the law society “must ensure that examinations support a valid and defensible assessment process that will support the licensure efforts of the many candidates who are not under investigation and have not engaged in cheating.”

“Continuing with online examinations in light of the ongoing investigation was not possible,” she said in a release. “In-person delivery provides the necessary degree of security to ensure examination integrity and to protect the reputation of all those candidates who are in no way implicated in the investigation.”

Law Society of Ontario CEO Diana Miles

Law Society of Ontario CEO Diana Miles

The regulator said the external investigation team it has hired issued letters to individuals who may be involved in the cheating. Those impacted have been advised that they will be subject to investigation through the regulatory process as a result of conduct related to the licensing examinations. The letters also request that all documentation and information relevant to the investigation be provided to investigators.

The decision to change the examination date led to an open letter signed by over 500 law students which requested the regulator provide lawyer licensing candidates the option to write the examinations according to its original schedule. Law society treasurer Teresa Donnelly said she acknowledged the stress and anxiety caused by the changes to the current examinations cycle, but the LSO made the decision to change the dates in order to protect the entire licensing process and to avoid outright cancellation of the exams.

“Regardless of our efforts, we know that this decision has affected many candidates — their career plans, their plans to recharge after finishing law school, or their plans to travel with family or loved ones,” she said. “I am truly sorry for those that are experiencing these impacts. It is important that candidates dealing with the negative effects of this decision reach out to the member assistance program for confidential access to counselling, coaching, online resources and peer volunteers, should they need it.”

The law society said it is developing and implementing COVID-19 safety protocols for the exams and ensuring there are specific plans in place for candidates who require accommodations on human rights grounds. Study materials and the competencies that will be examined remain unchanged. It has also taken steps to try to alleviate some challenges faced by licensing candidates by extending the deadline for examination deferrals and providing financial assistance through the repayable allowance program.

The LSO also said information concerning investigations about specific individuals is confidential, until or unless they result in regulatory proceedings, which would be public.

“The law society is committed to ensuring a process that is fair, just and in the public interest,” the release said. “Updates will be provided as available.”

The summer paralegal examination will take place in person in Toronto from July 25 to 27. Details and registration information will continue to be provided to paralegal candidates through their online accounts. Information about fall and winter dates for in-person paralegal examinations in Toronto will be provided directly to candidates as soon as it is available.

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