The Law Society of Ontario has commenced a civil action against NCA Exam Guru and its principal, Aamer Chaudhry.
NCA Exam Guru offers preparation courses for licensing examinations. Aamer Chaudhry leads some of the courses.
In the civil action, the Law Society of Ontario alleges that the company, without authorization, has been obtaining and providing to those enrolled in its preparation courses documents containing questions from the licensing examinations. The company has also been providing documents containing answers to questions. These documents were provided improperly to clients of the company to allow them to cheat on the licensing examinations.
In the civil action, the Law Society of Ontario is seeking monetary damages for breach of confidence, conspiracy, inducing breach of contract and copyright infringement. It is also seeking a return of the examination content from the defendants and an injunction prohibiting its further use and distribution. The Law Society of Ontario is also asking for a full accounting and disgorgement of all profits earned directly or indirectly from the use and disclosure of the examination content, as well as an award of punitive and exemplary damages. A copy of the statement of claim is available here.
"The Law Society is committed to protecting the public interest and actively responding to conduct that threatens the integrity of the licensing process and the professions. As regulator, we will take strong action against alleged wrongdoers," said Diana Miles, Chief Executive Officer. "This action also serves as a reminder to candidates of their responsibilities and obligations around examination conduct, and the need to be on guard against any third-parties who may be organizing activities to facilitate cheating on licensing examinations."
Licensing examinations are an integral aspect of ensuring the entry-level-competence of lawyers and paralegals in Ontario. The Law Society is committed to ensuring that its licensing examinations are administered fairly, defensibly, in the public interest, and are free from improper behaviour, unlawful activity, and misconduct.
The Law Society regulates lawyers and paralegals in Ontario in the public interest. The Law Society has a mandate to protect the public interest, to maintain and advance the cause of justice and the rule of law, to facilitate access to justice for the people of Ontario, and to act in a timely, open and efficient manner.