NDA Drafting

Custom Non-Disclosure Agreement for business protection.

Drafting a business agreement that is not part of a court or tribunal case is usually work only a lawyer may do; before any work starts we confirm whether your agreement is one a licensed paralegal is permitted to prepare, and if it is not, we tell you and can refer you to an Ontario lawyer.

Timing depends on how complex the agreement is and on who prepares it, and is confirmed in writing before work starts. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Discussing what information needs protecting and who will receive it
  • Confirming, before any work starts, whether the agreement is one a licensed paralegal is permitted to prepare
  • Where it is, preparing a one-way or mutual non-disclosure agreement for your situation
  • Explaining the main terms, such as what counts as confidential, how long the duty lasts and what happens on a breach
  • Where it is not, a referral to an Ontario lawyer

What is not included

  • Negotiating the agreement with the other party, unless agreed in writing
  • Reviewing the other party's own agreement, unless agreed in writing
  • Advice on intellectual property, employment, tax or corporate matters
  • Enforcing the agreement in court

Who this service is for

  • Small business owners sharing confidential information with a supplier, contractor or partner
  • Start-ups discussing an idea with possible investors or collaborators
  • Sole proprietors bringing in help who will see business information

Information to have ready

  1. 1The legal names and addresses of both parties
  2. 2A description of the information to be protected and why it is being shared
  3. 3How long it should stay confidential
  4. 4Any draft or template the other party has proposed

Frequently asked questions

How much does it cost?

The fee is $250 plus 13% HST ($282.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

What is the difference between a one-way and a mutual NDA?

A one-way agreement protects information shared by one party. A mutual agreement protects information both parties share with each other.

Does an NDA fully protect my idea?

No. It creates contractual duties of confidentiality, but it does not register or give you ownership of the idea, and enforcing it may need a court claim.

Why might this need a lawyer?

Licensed paralegals may provide only the legal services the Law Society of Ontario permits, and drafting a business agreement that is not part of a court or tribunal case is usually outside them. When it is, we tell you and can refer you to a lawyer.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No agreement can prevent every disclosure; it gives you contractual rights if one happens
  • Enforcing the agreement in court is a separate matter and may need a lawyer
  • The work is limited to what a licensed paralegal is permitted to do
Law Society of Ontario — Barreau de l'Ontario
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