16 questions we are asked most often, answered under Ontario and Canadian law. General information only — not legal advice.
Can I get ILA for a Mississauga agreement by Google Meet?+
Yes — we review the agreement in advance, meet by video, and confirm execution and the certificate. Some lenders still want an in-person witnessing; we tell you that before you book.
How long does independent legal advice take?+
A straightforward domestic contract or mortgage is often one meeting after we have read the draft. Send the document first so the consultation is used on advice, not on catching up.
What does ILA cost?+
First 15 minutes free, then $199 per half-hour. Defined ILA files are quoted flat once we have seen the agreement.
What exactly is independent legal advice?+
Advice from a lawyer who acts for you and only you, about an agreement someone is asking you to sign. The lawyer explains what the document does, what rights you are giving up, and how the outcome compares to what Ontario law would provide without the agreement, then issues a certificate recording that the advice was given. It is not the same as witnessing a signature.
Can one lawyer advise both of us to save money?+
No. The Law Society of Ontario's conflict rules prohibit a lawyer from acting for both parties whose interests conflict, and an agreement signed that way is significantly easier to attack later. The saving is illusory: the cost of litigating a set-aside application dwarfs the cost of a second lawyer providing proper advice at the outset.
Is a separation agreement valid without independent legal advice?+
It can be valid, but it is materially more vulnerable. Section 56(4) of the Family Law Act lets a court set aside a domestic contract where there was inadequate disclosure or where a party did not understand what they were signing. Independent legal advice is the most effective answer to both of those arguments, which is why it is standard practice rather than an optional extra.
Can I get independent legal advice by Google Meet from Mississauga?+
Usually yes. We review the agreement in advance, meet by video to give the advice, and confirm signing and the certificate. Some lenders still insist on in-person witnessing for mortgage documents, and where that applies we tell you before you book so the trip is not wasted.
What should I send before the appointment?+
The full draft agreement including every schedule, whatever financial disclosure you have received from the other party, and any earlier version or correspondence about the negotiation. Sending it in advance means the meeting is spent on advice rather than on reading, which makes it both shorter and more useful.
What if the lawyer tells me not to sign?+
That is a legitimate outcome and sometimes the most valuable one. If the agreement is substantially unfair, or you have not been given enough financial information to know what you are giving up, our advice will say so and identify what should change. The decision remains yours, and we can record that the advice was given and not followed if you choose to sign anyway.
How long does independent legal advice take?+
A straightforward domestic contract or mortgage is often a single meeting once we have read the draft. A complex agreement with property, support and business interests may need more, or may need disclosure that has not yet been provided. Sending the document early is what keeps it to one meeting.
Do I need independent legal advice for a private mortgage?+
Most private lenders require it, and you would want it regardless. The terms that matter are the rate and how it is calculated, the term and what happens if it cannot be refinanced, fees and bonuses, prepayment terms, and exactly what the lender can do on default — which in Ontario is generally power of sale under the Mortgages Act. Those consequences should be explained before signature, not discovered afterwards.
I am being asked to guarantee a family member's loan. Should I?+
Not before you understand the exposure. A guarantee typically allows the lender to pursue you personally for the full amount, and if it is secured against your home, to enforce against that home. Get advice on what you are actually signing, whether the amount can be limited, and what happens if the borrower defaults. Being related to the borrower does not reduce the legal consequence.
Does a marriage contract have to be signed before the wedding?+
No. Ontario spouses can enter a domestic contract during the marriage as well. What matters far more than the timing is that both parties made full financial disclosure, each had independent legal advice, and neither was pressured. A contract produced days before a wedding, with no disclosure and no advice, is exactly the pattern courts scrutinise most closely.
Can we change an agreement we already signed?+
Yes, by a further written agreement, again with disclosure and independent legal advice on both sides. Child support in particular can also be varied by the court whatever the agreement says, because it is the child's right and cannot be bargained away. A term that has become genuinely unworkable is better renegotiated properly than ignored.
What is an independent legal advice certificate?+
A signed document from the advising lawyer confirming that they acted only for that party, reviewed the agreement, explained its effect and the rights being given up, and were satisfied the party understood and signed voluntarily. It is what the other side, or a lender, relies on. It is also what makes a later argument of "I did not understand" much harder to sustain.
What does independent legal advice cost?+
The first 15 minutes are free, then $199 per half-hour. A defined independent legal advice file is quoted as a flat fee once we have seen the agreement, since the length depends on the document rather than on the meeting. Send the draft and we will tell you the number before you commit.