Working With
Our Firm
Whether you’re closing a deal, protecting a loved one, or navigating a dispute, our practice has been built on relationships that last and a commitment to the outcomes that matter most to you.
At Schwartz & Schwartz, we believe that good legal counsel starts with a genuine conversation. These are the questions clients ask us most often before picking up the phone. We hope they help and we hope you call.
How long has the firm been practising?
Schwartz & Schwartz was founded in 1949 by Saul Schwartz and has been serving Toronto families and businesses for over 75 years. Jeffrey Schwartz joined the practice in 1982 and continues to lead the firm today. That continuity of leadership means institutional knowledge that runs deep.
Across the law, the city and the clients we’ve served across generations.
Do I need to come to your office for a consultation?
We welcome in-person meetings at our Toronto office at 258 Wilson Avenue, and we find that face-to-face conversations often lead to better outcomes. That said, we also offer consultations by phone and video for clients who prefer flexibility. Whatever format works best for you is where we start.
How quickly can I expect a response when I contact your office?
We take responsiveness seriously. You can expect to hear from us within one business day of any inquiry. If your matter is urgent, please let our reception know when you call, we will prioritize accordingly.
Do you handle matters outside of Toronto?
Yes. While our office is based in Toronto, we regularly advise clients on matters across Ontario. Real estate transactions, estate planning, corporate work and litigation can often be handled regardless of where in the province you’re located. Contact us and we’ll let you know if your matter falls within our reach.
What are your fees?
Legal fees vary depending on the type and complexity of your matter. For certain transactions such as real estate transactions and wills, we can often provide a standard fee estimate. For litigation and ongoing advisory work, fees are typically billed on an hourly basis. We are transparent about costs from the beginning and will never surprise you with a bill you didn’t expect.
What should I bring to my first consultation?
The more context you can share, the more useful our first conversation will be. Bring any relevant documents like agreements, correspondence, notices, financial records, and a clear summary of the situation as you understand it. Don’t worry about having everything perfectly organized. We’re experienced at working through the details together.
General Questions About
Real Estate Transactions
Real estate is likely one of the largest financial decisions you’ll make. These are the questions our real estate clients ask most frequently so you know exactly what to expect before your transaction begins.
Do I need a lawyer to buy or sell a home in Ontario?
Yes. In Ontario, only a licensed lawyer can complete the legal work required to transfer property ownership. Your real estate lawyer reviews the Agreement of Purchase and Sale, conducts title searches, ensures there are no liens or encumbrances, handles all mortgage documentation, calculates adjustments, transfers funds and registers the deed in your name. Attempting to navigate this process without legal representation puts your largest investment at serious risk.
When should I contact a real estate lawyer?
Ideally, before you sign anything. Many clients call us after an Agreement of Purchase and Sale is already in place, we can still protect you effectively. But involving us early means we can review the agreement before you’re bound by it, flag potential issues and advise on conditions that protect your interests. The earlier you call, the more options you have.
What is title insurance and do I need it?
Title insurance protects you against losses arising from title defects, fraud, errors in surveys and certain risks that a title search alone might not reveal. We strongly recommend it for both purchases and refinancing. It is a one-time premium that provides coverage for as long as you own the property.
What closing costs should I budget for beyond the purchase price?
In addition to your purchase price and mortgage, budget for Ontario Land Transfer Tax (and the Toronto Land Transfer Tax if purchasing within the city), legal fees and disbursements, title insurance, home inspection costs and any adjustments for prepaid property taxes. First-time buyers may qualify for Land Transfer Tax rebates, ask us whether you’re eligible.
Can you help with investment properties or pre-construction condominiums?
Yes. We regularly act for clients purchasing investment properties, rental units and pre-construction condominiums. Pre-construction purchases in particular involve unique agreements with developer-friendly terms and long closing timelines. Having experienced legal review before you sign can prevent costly surprises years down the road.
General Questions About
Private Finance & Mortgages
Mortgage and financing transactions are more complex than they appear. Whether you’re borrowing, lending, or enforcing, these questions cover the situations our clients face most often.
What does a real estate lawyer do in a mortgage transaction?
Your lawyer’s role in a mortgage transaction goes well beyond paperwork. We review the lender’s terms, explain your obligations, ensure the property is free of title issues that could affect the lender’s security, register the mortgage against the property and ensure funds are properly transferred. We act in your interest, not the lender’s throughout the process.
What is a collateral mortgage and how is it different from a conventional mortgage?
A conventional mortgage is registered for a specific loan amount. A collateral mortgage is registered for a higher amount than your actual loan, sometimes up to 125% of the property’s value. This give the lender flexibility to extend additional credit without re-registering. This sounds convenient, but it can create complications if you want to switch lenders at renewal. We’ll explain the full implications before you commit.
What happens if a borrower defaults on a mortgage in Ontario?
In Ontario, lenders have several remedies available when a borrower defaults, including power of sale, foreclosure and the appointment of a receiver. Power of sale is the most common, it allows a lender to sell the property to recover the outstanding debt without going through the courts. Each remedy has different timelines, legal requirements and consequences for the borrower. If you are a lender or borrower in a default situation, contact us early as timing matters significantly.
Can Schwartz & Schwartz act for both the lender and the borrower?
In rare circumstances this is possible but generally we will not act for a lender and a borrower in a transaction.
General Questions About
Business & Corporate Law
Whether you’re starting a business, growing it or protecting it, sound legal structure is the foundation everything else is built on. Here are the questions we hear most from our business clients.
We’ll assess your specific circumstances and give you a clear, honest recommendation before you make any decisions.
Should I incorporate my business in Ontario?
Incorporation offers significant advantages such as limited liability, potential tax savings, credibility with clients and lenders, and a cleaner structure for bringing in partners or selling the business in the future. That said, it’s not the right move for every situation. We’ll assess your specific circumstances and give you a clear, honest recommendation before you make any decisions.
What is a shareholder agreement and does my company need one?
A shareholder agreement governs the relationship between the owners of a corporation. We cover things like decision-making authority, what happens if a shareholder wants to leave, how shares are valued and what happens on the death or disability of an owner. If you have more than one shareholder, you need one. The cost of a well-drafted agreement is a fraction of what disputes cost when there isn’t one.
What’s the difference between an asset purchase and a share purchase when buying a business?
In an asset purchase, you buy the specific assets of the business such as equipment, contracts, goodwill, but generally not its liabilities. In a share purchase, you buy the company itself, including any liabilities it carries, whether known or unknown. We work through these considerations carefully to advise you about the best structure for interests.
Can you help with contracts and commercial agreements?
Yes. We draft, review and negotiate a wide range of commercial agreements including purchase agreements, supplier and vendor contracts, and loan documents. A clearly drafted contract prevents disputes before they arise and protects you if they do.
General Questions About
Civil Litigation
Disputes are rarely something people plan for. When you find yourself in one, knowing what the process looks like and what to expect from your legal team makes a significant difference. Here’s what clients ask us when litigation becomes necessary.
How do I know if I have a case worth pursuing?
This is the first question we address in any litigation consultation. We assess the merits of your claim, the likely costs of proceeding, the defendant’s ability to satisfy a judgment and the realistic range of outcomes. Our goal is to give you an honest picture, not to encourage litigation for its own sake. Sometimes the best legal advice is to resolve a matter without going to court.
How long does civil litigation take in Ontario?
Timelines vary considerably depending on the complexity of the dispute, the court involved and whether the matter settles before trial. Simple claims can resolve in months; complex commercial litigation can take several years. We set realistic expectations from the start and work to resolve matters efficiently without sacrificing your position.
What is the difference between Small Claims Court and Superior Court?
Small Claims Court handles civil disputes involving amounts up to $35,000 and is designed to be more accessible and less formal. Superior Court handles larger claims and more complex matters, with full procedural rules including examinations for discovery and formal motions. We can advise which forum is appropriate for your dispute and represent you effectively in either.
Can disputes be resolved without going to trial?
The majority of civil disputes settle before trial often through negotiation, mediation or arbitration. We actively pursue resolution strategies that achieve your goals without the cost and uncertainty of a full trial when it’s in your interest to do so. When it isn’t, we are fully prepared to take your case as far as it needs to go.