For all Notarizations/Commissions:

1. 2 pieces of government ID that matches the name on your document. Please see the list at the bottom of this page. 

2. Your document. Please make sure that it is completed but not signed or dated.

For Certified Copies:

1. The original document(s) that you need a certified copy of. Please note that we cannot make certified copies without seeing the original document(s).

2. Generally, you do not need to make copies of the document. In fact, it is usually faster if the Notary makes the copies.

3. In rare cases, the client may need to make the copy. For example, if the document is too large to fit in our copier. The client may need to go to a commercial printing service to obtain the copy.

For Real Estate Documents:

1. The completed, but not signed documents. We cannot assist you in the completion of the documents beyond the notarization of the forms. We are not permitted to enter details in the forms. This should be done by your lawyer in advance of your meeting with the Notary.

2. Please bring in adequate Photo Identification. We generally require two pieces of government issued photo identification. However, some Real Estate Documents require additional IDs to be presented. Please review the documents and/or receive instructions from your lawyer as to which IDs must be reviewed by the Notary.

3. Please note that we cannot give any legal advice regarding the transaction. All advice regarding the details and the requirements of your transaction should come from your lawyer.
   

For Third-Parties:

Typically, we are unable to communicate with the intended recipient of your document on your behalf. This means we do not send your notarized documents to third parties via mail, fax, or courier, nor do we accept documents sent directly to us from third parties. Instead, clients must bring the necessary forms to our office in person. After notarization, we will return the documents to you so that you can distribute them to the appropriate recipients. Additionally, we cannot contact third parties by phone, email, or any other means to obtain instructions or directions. All such details should be provided to you by the recipients before your appointment with the Notary.

Witnesses:

Prior to visiting our office, please review your documents carefully. Please note if witnesses (apart from the notary) are required. If so, please contact the office in advance to confirm whether additional witnesses will be available. 
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For Separation Agreements:

Prior to your visit, please review your documents and note the following issues:

1. Please bring in the completed, but not signed documents. We cannot assist you in the completion of the documents beyond the notarization of the forms. We are not permitted to enter details in the forms. This should be done by you or your lawyer in advance of your meeting with the Notary.

2. Please note that some Separation Agreements include a “Certificate of Independent Legal Advice” section. We cannot complete this section as we do not give any legal advice regarding the document/agreement. 

3. Please also note that some Separation Agreements require that the parties visit the Notary office separate and apart from each other. If that is the case, please note that you must attend apart from one another. The parties to the agreement cannot attend at the same time. Furthermore, each party will be charged separately as part of a separate transaction. If you wish to attend together, please remove the phrase “separate and apart” from the agreement.

For Wills (Please Review and Read All Carefully):

​Witnesses

• Wills in Ontario have to be witnessed by at least two witnesses. It is best to find someone that knows the testator but does not stand to gain anything from the will. For example, a friend, a neighbour, a co-worker.

• The following people cannot act as witnesses to the will: beneficiaries to the will or their spouses; executors to the will; and the Notary that will be commissioning the affidavits to the will

Affidavits of Execution

• It is highly recommended that wills contain affidavits of execution for each witness. 

• In this context, an affidavit of execution is a statement from a witness, under oath, that they witnessed the testator sign the will. Affidavits of execution have to be commissioned by a notary public. This is what we do. 

• Furthermore, the affidavit of execution should make reference to the Will as an exhibit to the affidavit of execution. That means the notary will need to stamp and sign the back of the will with an exhibit stamp.

• We charge $69.99 to draft an affidavit of execution.

Timing of Witnessing and Notarization

• Given all of the above, you might wonder about the order in which all this must take place. Does everyone have to be in the same room at the same time? Yes.

• Everyone signs everything at the same time

• That is, everyone (i.e. the testator, the witnesses, and the Notary) are in the same room at the same time. The testator would sign the will first. The witnesses would sign the will second. Then the witnesses would sign the affidavit of execution. Then the notary will commission the affidavit and stamp the will as an exhibit to those affidavits. This method is the quickest, most efficient, and most common.

• Initials: all parties must initial each page of the will. 

What to Bring to Our Office

• The original will, completed, but not signed

• 2 Witnesses that meet the above mentioned criteria

• Affidavits of execution if you have them; if you don’t, we can draft them. Do not pre-sign the affidavits of execution. The witnesses will need to sign in front of the notary.

Powers of Attorney:

A power of attorney (POA) is a legal document that enables a person (referred to as the donor or grantor) to give power over property or health to another person (referred to as the donee, agent, or attorney). The donor can give away power over a specific property (such as a house, boat, car) or all property. The donor can also provide instructions on health-related matters in the event that the donor is incapacitated.

In Ontario it is common to have a POA for property and separate POA for health. Some people choose to have a lawyer draft the POAs, while others choose to draft it themselves, particularly if it is simple. You can download and fill out Ontario’s POA forms from the government of Ontario website. We have copies of the Official Ontario Template at our office, and you are welcome to independently fill them out at the office before your appointment. 

Timing of Witnessing and Notarization

Most POAs require at least two witnesses. This is true of Ontario POAs. The notary can be one of the witnesses. The second witness cannot be the donee. It is advisable that the donor, witness, sign the POA together in the same room, in the order listed.

Some POAs that are intended to be used outside of Ontario and/or for limited purposes do not require two witnesses. A notarization will suffice. However, this is something that should be determined prior to attending our offices. It is the client’s responsibility to determine this by contacting the recipient or relevant authority on the matter.

The following people cannot act as witnesses for a POA:

• The attorney (or the attorney’s spouse or partner);

• The grantor’s spouse or partner; the child of the grantor (or someone who is treated as their child);

• A person whose property is under guardianship or has a guardian of the person

• A person who is less than 18 years of age

Affidavits of Execution

Affidavits of execution are not as crucial for POAs as they are for wills, however, it is still a good idea to have at least one affidavit of execution for one of the witnesses.
Accepted Government ID’s

The primary identification that may be accepted includes:

• Driver’s License (issued by Canadian Province or Territory)

• Foreign Driver’s License

• Canadian Passport

• Foreign Passport

• Canadian Citizenship Card

• Canadian Permanent Resident Card

• Certification of Indian Status

• Student Identity Card from foreign Institute

• Firearms Possession Certificate

• Firearms Acquisition Certificate

• Canadian National Institute of the Blind Identification Card Federal/Provincial/Municipal Identification Card

• Military Family Identification Card
  

The Secondary Identification that may be accepted includes:

• Birth Certificate

• Baptismal Certificate

• Hunting License

• Fishing License

• Marriage License

• Immigration Papers (Refugee ID)/ Record of Landing

• Union Membership Card

• Private Industry Employee Identification Cards

• Work or Study permit issued to a Foreign National