Law Society of Ontario (LSO) Paralegal Practice Exam

Which of the following is a requirement for officially induced error?

1. Defendant did not consider the legal consequences

2. Legal advice was available from a non-legal expert

3. Defendant relied on erroneous legal advice

4. Legal advice was irrelevant to the decision made

The correct answer is: Defendant relied on erroneous legal advice

The requirement for officially induced error is centered on the idea that a party makes a decision or takes action based on a misunderstanding brought about by erroneous information provided by a public authority or official source. In this context, relying on erroneous legal advice constitutes a situation where the defendant has been misled, thereby justifying their assumption regarding the legality of their actions. When a defendant receives and acts upon incorrect legal advice, it may create a basis for claiming an officially induced error. The law recognizes that individuals may rely on information provided to them by officials or authorized advisors, and if that information is wrong, it can lead to unintended consequences. This reliance must demonstrate that the incorrect legal advice had a direct influence on the defendant's actions or decisions. The other options do not align with this legal principle. For instance, not considering legal consequences suggests a lack of awareness or engagement with the law, which undermines the claim of being misled by official advice. The notion that legal advice was available from a non-legal expert does not satisfy the requirement of relying on recognized legal authority, thus failing to support the premise of officially induced error. Finally, stating that legal advice was irrelevant to the decision made negates the essential element of reliance on that advice, which is pivotal