FOLA urges Law Society of Ontario to Retain and Reform Licensing Examinations, Rejects Proposed Skills-based Assessment

For Immediate Release: December 16, 2025

The Federation of Ontario Law Associations (“FOLA”), representing the interests of Ontario’s 46 county and district law associations and their practising members, has formally submitted its response to the Law Society of Ontario’s (“LSO”) consultation on modernizing the lawyer licensing candidate assessment process. FOLA strongly recommends that the LSO maintain and reform the existing licensing examinations rather than replacing them with a third-party, skills-based assessment as outlined in the Consultation Report.

FOLA’s position, which is informed by extensive consultation with practising lawyers across the province, is anchored in the conviction that the licensing process must credibly assure the public that new lawyers possess a demonstrable baseline of substantive Ontario legal knowledge.

“Our members, the practising bar on the front lines of legal services, have clearly stated that rigorous, substantive testing is non-negotiable for public protection,” said Mark R. Giavedoni, 2nd Vice Chair of FOLA. “Replacing the solicitor and barrister examinations with a skills-based course risks signalling that foundational legal knowledge can be de-emphasized. That premise is fundamentally flawed, as errors in substantive law are a direct cause of client harm and professional misconduct risk.”

FOLA’s submission is based on five core propositions:

1. Preserve Substantive Knowledge: The licensing process must preserve a demonstrable baseline of substantive Ontario legal knowledge.
2. Skills Training Exists: Skills training is already addressed through articling and experiential pathways; duplicating it misaligns the regulator’s role.
3. Insufficient Evidence: The evidence base for the proposed wholesale changes is insufficient, particularly concerning whether a skills-based assessment would better ensure competence or equity.
4. Regulatory Accountability: Outsourcing core assessments to third-party providers risks diluting the LSO’s core regulatory responsibilities.
5. Increased Cost and Complexity: The proposed model may increase costs and complexity without meaningfully improving candidate competence or public protection, an assertion that is premature without a comparative feasibility study.

Recommended Alternative: The Modernized Bar Admissions Course (BAC)

Instead of abandoning examinations, FOLA urges the LSO to pursue targeted and comprehensive reform of the current exams.

The preferred alternative, if modernization is desired, would be to reinstate a version of the pre-2006 Bar Admissions Course (BAC), updated for current technology and practice realities. This model would combine:

• Modular Substantive Instruction with discrete subject domain assessments.
• Mixed-Format Examinations (multiple-choice, short-answer, and essay) to test analytical application of legal concepts, not just “indexing.”
• Secure Electronic Delivery in proctored centres province-wide to improve logistics and security while maintaining exam integrity.

FOLA emphasizes that the solution to security or administration concerns is not to eliminate substantive assessment, but to modernize its delivery and format, including adopting closed-book or partially closed-book components to ensure internalization of core legal principles.

“The LSO’s proposal misunderstands the impact of technology, suggesting generative AI will reduce the centrality of legal knowledge,” added Giavedoni. “AI tools can augment practice, but they cannot replace a lawyer’s obligation to know, analyze, and exercise independent judgment and scrutiny. We must not lower the cognitive rigor or standards of the licensing process, which risks licensing candidates into environments for which they are unprepared and where client harm is more likely.”

This alternative approach addresses the LSO’s operational concerns while preserving the essential regulatory function of verifying substantive legal competence, which is crucial to maintaining the high value of LSO licensing both in Canada and internationally.

About FOLA

FOLA is a non-profit organization that represents Ontario’s 46 county and district law associations. Most of FOLA’s members are sole practitioners or work in small firms across the province.

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Contact:

Ian Hu

Director of Policy & Advocacy, FOLA

Email: ian.hu@fola.ca