Does the absence of independent legal advice in a separation agreement constitute a breach of contract?

In that case the respondent had counsel but still complained of a lack of independent legal advice. Kent J. continued: 15 This is not a case where one party can be said to have preyed upon the other or taken advantage of her/his ability to make a better bargain or was in a demonstrably stronger position. While counsel for the respondent characterizes the respondent's situation as not having received independent legal advice from his own lawyer, it is clear from the respondent's testimony that he assumed that his lawyer was looking after his (the respondent's) interests. It is hard to imagine this being anything other than a correct assumption. It must also be observed that even the absence of independent legal advice, so long as a party is competent and reasonably intelligent, is not necessarily a basis for setting aside a domestic agreement on grounds of unconscionability. See Loy v. Loy, [2007] O.J. No. 4274 at paragraph 211.