Independent Legal Advice (ILA) in Ontario: What It Is and When You Might Need It

Independent Legal Advice (ILA) in Ontario: What It Is and When You Might Need It

If you have been told you need “ILA” before signing a document, you are not alone — and it is usually a protection, not a hurdle. This article explains what independent legal advice is, why it is asked for, and what an ILA appointment typically involves.

What independent legal advice means

Independent legal advice is exactly what it sounds like: advice about a document or transaction from a lawyer who acts only for you — independent of the other party and of any lawyer who prepared the document. The point is to make sure you understand what you are signing, what rights you may be giving up, and that you are signing voluntarily.

Why ILA is asked for

Agreements are more likely to hold up when both parties understood them and signed freely. That is why the other party’s lawyer, a financial institution or another professional will often require a certificate of independent legal advice before a document is finalized. Without ILA, a party who later regrets an agreement may argue they did not understand it — which puts the agreement itself at risk.

Documents that commonly call for ILA

The most common example in family law is the separation agreement: each spouse gets their own lawyer’s advice before signing, as described on the separation agreements page. ILA is also sought for marriage contracts and cohabitation agreements, and for other documents where a lawyer, lender or institution requires confirmation that a party received independent advice.

What an ILA appointment typically involves

An ILA appointment is focused and document-specific. The lawyer reviews the document, explains its terms and consequences in plain language, asks about your circumstances and whether you feel pressured, answers your questions, and — where appropriate — signs a certificate confirming the advice was given. If the review raises concerns, the lawyer will tell you before you sign, so you can decide how to proceed.

ILA at Mida Law

Mida Law provides independent legal advice for separation agreements and other documents, with virtual meetings as the default across Ontario. Details are on the Independent Legal Advice (ILA) page. If you have been asked to obtain ILA, you can request a consultation and mention the document and any deadline in your request.