Independent Legal Advice for Real Estate and Mortgage Transactions in Ontario
Dwell Law provides independent legal advice for real estate and mortgage situations across Ontario. Same-week appointments available. Simple consenting spouse appointments from $875 + HST. All fees confirmed in writing before your appointment.
Independent legal advice for real estate and mortgage transactions
Same-week appointments generally available
Virtual appointments available across Ontario
Personal advice from Diane Ulman on every file
Certificate of ILA provided upon completion
What Is Independent Legal Advice?
Independent legal advice, commonly referred to as ILA, is a formal consultation with a lawyer who has no conflict of interest in your transaction. The purpose is to confirm that you fully understand the document you are being asked to sign, and that you are signing voluntarily.
At the conclusion of your ILA appointment, your lawyer issues a Certificate of Independent Legal Advice. This certificate is provided to the lender, the other party, or whoever required the ILA as a condition of the transaction proceeding.
ILA is not the same as full legal representation. It is a focused consultation on a specific document or transaction, conducted by a lawyer who acts solely in your interest for that appointment.
When Is Independent Legal Advice Required?
In Ontario, ILA is commonly required in real estate and mortgage transactions where one party is not registered on title or is being removed from title.
Common situations where ILA is required include:
Consenting Spouse on a Matrimonial Home
Under Ontario's Family Law Act, a married spouse has rights to the matrimonial home even if their name is not on title. Lenders regularly require the non-titled spouse to obtain ILA before a mortgage can be registered or refinanced, confirming they understand how signing affects those rights.
Off-Titled Spouse on a Purchase
Where only one spouse is going on title, the lender may require the other spouse to obtain ILA to confirm they understand the implications of the new mortgage on their matrimonial home.
Removal of a Spouse from Title or Mortgage
When one spouse is being removed from title or from a mortgage as part of a refinance or ownership change, ILA may be required to confirm the departing party understands what they are giving up and that the decision is voluntary.
Guarantor or Co-Signor on a Mortgage
A person guaranteeing or co-signing a mortgage takes on significant legal liability without directly receiving the loan proceeds or ownership of the property. Lenders require ILA to confirm the guarantor or cosigner understands the nature and extent of that obligation before the mortgage closes.
Family Property Transfer
Where property is being transferred between family members for nominal or below-market consideration, the selling party may require ILA to confirm they understand the nature of the transaction and legal implications.
Joint Retainer Conflict Situations
Where a potential conflict of interest exists in a transaction, one party may be required to obtain ILA from an independent lawyer before the matter can proceed.
Private Mortgage Transactions
Borrowers in private mortgage transactions may sometimes require additional independent advice.
What to Expect at Your ILA Appointment
An ILA appointment with Dwell Law is a focused, straightforward consultation. Here is what to expect:
Your appointment takes place virtually via secure video call
Diane Ulman will review the document you are being asked to sign and explain its terms in plain language
Diane will confirm that you understand your obligations, that you are signing voluntarily, and that the transaction reflects your intentions
A Certificate of Independent Legal Advice is issued and provided to the relevant parties upon completion
Same-week appointments are generally available
ILA appointments are specific to the document or transaction at hand. If you have broader questions about your legal situation, we recommend booking a consultation to discuss whether full legal representation may be more appropriate for your circumstances.
Our Pricing
Independent legal advice fees at Dwell Law are based on the complexity of the transaction and the documents being reviewed. Simple consenting spouse and single document appointments start from $875 + HST. More complex matters involving multiple documents or private mortgage arrangements are quoted individually.
Every ILA appointment at Dwell Law is conducted personally by Diane Ulman. Not passed to a clerk, not processed by a platform.
What you pay Dwell Law:
Fees start from $875 + HST for simple appointments. All fees are confirmed in writing before your appointment is confirmed. No surprises, no hidden charges.
What every ILA appointment requires, regardless of your lawyer:
These are standard costs that apply to every ILA appointment:
Electronic ID verification, $27.50 + HST per person (this reflects our current provider rate; fees vary by law firm)
Off-titled spouses required to sign mortgage documents or consent to a transaction
Spouses being removed from title or from a mortgage
Guarantors and co-signors on residential mortgage transactions
Borrowers in private mortgage transactions requiring independent advice
Parties to a family property transfer requiring independent review
Anyone who has been told by their lender or lawyer that they require ILA before a transaction can proceed
Who We Work With
Frequently Asked Questions
Not sure if you need ILA or what the process involves? Diane is available for a free 15-minute consultation to discuss your situation. No obligation, no pressure.
What is a Certificate of Independent Legal Advice?
A Certificate of Independent Legal Advice is a formal document issued by the lawyer who provided your ILA. It confirms that you received independent legal advice, that the lawyer had no conflict of interest, that you understood the nature and consequences of the transaction, and that you signed voluntarily. This certificate is typically required by the lender or the other party before the transaction can close.
How long does an ILA appointment take?
Most ILA appointments take between 30 to 60 minutes, depending on the complexity of the documents being reviewed. Same-week appointments are generally available at Dwell Law.
Can I get ILA virtually?
Yes. Dwell Law provides ILA appointments virtually via secure video call, meeting the Law Society of Ontario standards for remote legal consultations. You do not need to come into an office.
Why can I not use the same lawyer as the other party?
In Ontario, a lawyer cannot provide independent legal advice to one party if they are also representing another party in the same transaction. The independence of the advice is the entire point. Your ILA lawyer must have no conflict of interest with any other party in the transaction.
What documents do I need to bring to my ILA appointment?
You should have a copy of the document you are being asked to sign, any related mortgage commitment or agreement, and valid government-issued photo identification. Dwell Law will confirm exactly what is needed when your appointment is booked.
How much does ILA cost in Ontario?
At Dwell Law, independent legal advice for real estate and mortgage transactions starts from $875 + HST. The final fee depends on the complexity of the transaction and the documents being reviewed. We provide a clear written quote before your appointment is confirmed.
Is ILA the same as hiring a lawyer for my transaction?
No. ILA is a focused consultation on a specific document or transaction. It does not involve full legal representation for your transaction. If you need a lawyer to represent you throughout a real estate or mortgage transaction, that is a separate engagement. Contact us to discuss what level of legal support is right for your situation.
“I found Diane to be pleasant, knowledgeable and helpful in discussing my legal issues. I will definitely be calling Diane for my future legal needs.”
Have you been told you need independent legal advice? Book a free 15-minute consultation with Diane and we will confirm what is required and provide a clear written quote before your appointment.