Skip to main content
Nov 18
Love0

Understanding Your Estimated Closing Costs: A Home Buyer’s Guide

By Real Estate

Purchasing a home involves more than paying the purchase price. When your lawyer asks you to bring in certified funds for closing, that amount includes a combination of adjustments, legal costs, and third-party charges necessary to transfer the property into your name. Many buyers are surprised by how many lines appear on their closing estimate, so this article breaks down each item and explains what you are actually paying for.

1. Balance to Close (from the Statement of Adjustments)

This is the starting point. It represents the remaining amount of the purchase price after accounting for deposits already paid. The Statement of Adjustments also includes prorated items such as property taxes or prepaid utilities, depending on the property.

Think of it as:
Purchase Price – Deposit ± Adjustments = Balance to Close

This number is not your final cash requirement—it is just the base amount before subtracting your mortgage and adding closing costs.

2. Less: Net Mortgage Proceeds

Your lender sends mortgage funds directly to your lawyer. The net mortgage proceeds are the amount your lender advances after subtracting any lender-side deductions (such as CMHC insurance fees withheld from the advance, appraisal reimbursement, or lender-charged interest to the end of the month).

Your lawyer subtracts this amount from the balance to close. Whatever remains is your down payment, which you must bring in as part of your closing funds.

3. Equals: Balance of Down Payment

This is simply your required down payment after accounting for the deposit you already paid and after your lender contributes the mortgage amount.

Additional Buyer Costs (Disbursements & Fees)

Everything listed below is added on top of your down payment.

4. Land Titles Fees (Land Transfer Fees)

Land Titles charges fees to register the transfer of title and the mortgage. In Manitoba, these amounts are standardized and based on:

  • Land Transfer Tax – The tax levied by the Province of Manitoba, paid to the Land Titles office when the property is legally transferred into your name.
  • Transfer and Mortgage Registration Fees – The service fee charged by the Land Titles office for the registration of your transfer of land and mortgage. These fees are set by the provincial Land Titles Office and are mandatory.

5. Title Insurance (Owner & Lender Policies)

Title insurance protects you and your lender from issues such as fraud, survey defects, encroachments, or unknown title problems.

Most lenders require a lender’s policy, and buyers usually obtain an owner’s policy at the same time because the incremental cost is small.

It is a one-time premium, not a recurring charge. For more about Title Insurance, please see here: https://wolseleylaw.ca/title-insurance-winnipeg-real-estate-transactions-need-covers/

6. Tax Certificate

This is a document obtained from the municipality showing the exact property tax balance, confirming whether taxes are paid up or in arrears. The lawyer must obtain one to complete the closing, and municipalities charge a set fee for it.

7. Disbursements and Administration Fees

These represent the out-of-pocket costs of completing the transfer, such as:

  • Courier charges for delivering documents or payments
  • Bank fees for certified cheques or money transfers
  • File administration and document software charges

Depending on the nature of the property and the lender’s requirements, the lawyer may need to conduct additional searches or obtain documents such as:

  • Title searches
  • Bankruptcy searches
  • PPSA searches
  • Utility searches
  • Compliance letters (if required)

These are charged at cost and ensure the property is transferred free of liens or legal issues.

8. Maximum Estimated Interest to Seller

This amount is equal to seven days worth of interest at a rate of Prime +7% on your mortgage proceeds amount. The offer to purchase contract that you signed contemplates that there may be a delay in your mortgage company funding your mortgage of up to seven days, and our office is obligated to pre-collect interest from you for that period in order to ensure that you can take possession of the property on the possession date even if your mortgage funding is delayed. Our office will do everything we can to ensure that your mortgage funds on time and that funds are sent to the vendor so that no interest is charged but we can not make any guarantees regarding that, particularly as many of the aspects are out of our control. Any funds, of whatever category, that are pre-collected but not used in your purchase will be returned to you at the completion of your transaction.

9. Legal Fees

Your lawyer’s professional fee for acting on the purchase and mortgage. This fee covers:

  • Reviewing the Agreement of Purchase and Sale
  • Reviewing mortgage instructions
  • Conducting title and judgment searches
  • Preparing purchase and mortgage documentation
  • Meeting with you to sign all closing documents
  • Handling the financial disbursements
  • Registering documents with Land Titles
  • Reporting to you and your lender after closing

The fee quoted on your estimate typically reflects both the purchase and the mortgage work.

 

11. Total Estimated Funds Required

This is the final amount the buyer must bring to the lawyer’s office, usually by:

  • Bank draft
  • Certified cheque

It includes:

Down Payment + All Closing Costs – Mortgage Advance = Final Funds Required

This number may fluctuate slightly before closing based on:

  • Updated tax figures
  • Updated lender instructions
  • Last-minute adjustments
  • Final title insurance premiums (depending on mortgage amount)

Your lawyer will provide a final number once all closing details are confirmed.

Aug 05
Love0

Navigating AI Laws in Canada: What Businesses Need to Know in 2025

By Commercial, Employment Law, Workplace Investigations

As artificial intelligence continues to reshape industries across Canada, businesses are increasingly faced with a critical question: what are the legal obligations around AI use in 2025? The short answer? It’s complicated. While there’s no standalone federal AI law currently in force, that doesn’t mean companies are operating in a legal vacuum. Here’s what you need to know about the fragmented yet evolving landscape of Canadian AI regulation — and how to prepare your organization for what’s coming next.

Canada’s Federal AI Law: On Hold, But Not Forgotten
In early 2025, Bill C-27 — which included the Artificial Intelligence and Data Act (AIDA) and the Consumer Privacy Protection Act (CPPA) — was shelved due to Parliament’s prorogation. As a result, Canada currently lacks a unified federal AI framework.

That said, the spirit of AIDA hasn’t vanished. Its focus on risk-based governance, transparency, and accountability continues to shape voluntary frameworks and provincial efforts. For now, businesses must turn to existing laws and soft guidance to manage AI responsibly.

Provincial AI & Privacy Laws: Where the Action Is
Some provinces are stepping in where the federal government left off:

  • Québec: Under Law 25, Québec has imposed rigorous data privacy and automated decision-making disclosure obligations. Organizations must now notify individuals when decisions are made “exclusively through automated processing.”

  • Ontario: Starting January 1, 2026, job postings must disclose if AI is used in the hiring process. This move toward mandatory transparency hints at broader workplace AI regulation on the horizon.

  • Alberta: While more focused on health data and public sector use, Alberta’s privacy commissioner has released AI guidelines emphasizing accountability, risk assessment, and explainability.

Voluntary Codes & Sector Guidelines: Filling the Gaps
In the absence of enforceable federal rules, the Canadian government and regulators have issued several non-binding frameworks to help businesses use AI responsibly:

  • ISED’s Generative AI Code of Conduct (2023): Encourages organizations to follow principles like fairness, safety, and human oversight when deploying generative AI systems.

  • OSFI’s Model Risk Management Guideline: Financial institutions must assess and manage risks associated with AI-based models, promoting internal governance and transparency.

These resources don’t carry the weight of law, but they offer best practices that regulators may soon codify.

What Businesses Should Do Now: Proactive AI Governance
Even without a binding federal statute, businesses are expected to demonstrate responsible AI use. Here’s how:

  • Map your AI systems across operations

  • Conduct risk assessments for each use case

  • Prepare clear, plain-language disclosures — especially for decisions affecting employment, credit, or services

  • Develop internal governance structures for monitoring AI outcomes

These steps not only mitigate legal exposure but also build public trust, a growing differentiator in the era of intelligent automation.

Final Thoughts
While Canada’s federal AI law is still in limbo, that doesn’t give businesses a pass. From provincial mandates to sector-specific guidelines, AI governance is fast becoming a business imperative. Forward-thinking organizations will use this time to adopt ethical, transparent, and risk-based AI frameworks — staying ahead of the curve while earning consumer and regulator confidence. Considering AI use in your business? Give us a call. Keep in mind that a blog post isn’t legal advice and you should speak with a lawyer before taking any action on the information contained here.

Feb 19
Love0

Robson Hall launches Wolseley Law LLP Award for Student Clinical Excellence

By News

At Wolseley Law LLP, we know firsthand how valuable clinical experience is to a law student’s education. That’s why we are incredibly proud to join with the Faculty of Law at the University of Manitoba to establish the Wolseley Law LLP Award for Student Clinical Excellence—an annual award recognizing a student who has demonstrated exceptional commitment and skill in a clinical setting.

Announced this week by Robson Hall, this new award will be presented to a law student who has excelled in a clinical program during the 2024-2025 academic year. Candidates must have participated in at least one clinical opportunity at the Faculty of Law, whether for credit or on a volunteer basis. The award is designed to celebrate those students who go above and beyond in providing legal services to the community, honing their advocacy skills, and applying their legal knowledge in real-world settings.

Supporting the Next Generation of Legal Professionals

At Wolseley Law, we know that clinical legal education is one of the most impactful parts of a law student’s journey. Many of our own lawyers benefited tremendously from hands-on experiences during law school, working with real clients, appearing before courts and tribunals, and navigating the complexities of legal practice outside the classroom. These opportunities not only deepen a student’s understanding of the law but also instill a sense of responsibility and service that shapes their careers.

By establishing this award, we hope to encourage students to take full advantage of these programs and recognize those who demonstrate outstanding initiative, dedication, and skill in their clinical work. We know from experience that the best way to learn the law is to practice it, and we are thrilled to support students who are doing just that.

Recognizing Excellence in Clinical Legal Education

Robson Hall offers a variety of clinical opportunities that allow students to gain invaluable experience while making a meaningful impact. Clinics and placements such as Legal Help Centre, Indigenous Community Legal Clinic, and the L. Kerry Vickar Business Law Clinic provide students with the chance to assist real clients and contribute to access to justice in the community.

The Wolseley Law LLP Award for Student Clinical Excellence will recognize a student who has not only participated in these programs but has demonstrated outstanding performance, professionalism, and a commitment to learning through hands-on legal work. Whether through advocacy, legal research, client service, or innovative problem-solving, the recipient will embody the qualities that make clinical education such an essential part of legal training.

Looking to the Future

As a firm that values practical legal education, we are excited to see how students continue to make an impact through their clinical experiences. We look forward to celebrating the first recipient of the Wolseley Law LLP Award for Student Clinical Excellence and supporting future generations of Robson Hall students as they embark on their legal careers.

To all students participating in clinical programs this year: we see your hard work, we appreciate your dedication, and we can’t wait to recognize your achievements.

Nomination Procedure

Each nomination requires a letter of nomination by a supervising lawyer, clinical leader, judge, professor/instructor, or fellow student stating reasons for the candidate’s nomination and providing confirmation that the candidate has been advised of the nomination. The letter should be no more than 750 words.

Deadline for Nominations

The deadline for nominations is March 17, 2025 at 4 pm. Please submit nominations to the Director of Clinics: Elizabeth.mccandless@umanitoba.ca.

Jan 27
Love0

Understanding Our Employment Law Intake Process: Common Questions Answered

By Employment Law, Litigation, Workplace Investigations

When reaching out to a law firm about an employment matter, the intake process can sometimes feel overwhelming. Questions like “What is the name of your former employer?” or “What is (or was) your annual wage with this employer?” might feel unnecessary and intrusive. These questions, however, play a critical role in assessing your situation, and help our lawyers determine what available options are worth your time, effort, and resources. Let’s break down some of our common intake questions for employment matters, and explain their significance to our process.

“What is the name of your (former) employer?”

One of the first steps in our process is to conduct a conflict of interest check. As lawyers, we are bound by ethical obligations to ensure we do not represent parties whose interests conflict with existing clients or cases. For example, if we are already representing your employer in an unrelated matter, we would not ethically be able to assist you. Providing the name of your employer ensures transparency and allows us to proceed without breaching this code of ethics.

Rest assured the employer in question will not be contacted by our office about your matter without your consent. Your confidentiality is important to us both morally and ethically as a firm in good standing with the Law Society of Manitoba.

“What was your position with this employer?”

Your job title can provide crucial context about your employment situation. For instance, if you are in a unionized position, you may need to contact your union representative before engaging a lawyer. Unions often have specific protocols and may even offer legal representation as part of your membership.

Additionally, certain positions come with unique legal considerations. Executives or managers, for example, might have signed contracts with restrictive covenants like non-compete or non-solicitation agreements. Understanding your job title helps us tailor our advice and explore the potential avenues for resolving your issue.

“How long have you been employed with the opposing party?” or “What was your annual wage with the opposing party?”

The length of your employment and your annual wage are key factors in assessing your case. For instance, if you were terminated from your job during your probationary period with an employer, there may be limited legal recourse available. Employers often have greater flexibility to terminate employees during this initial period.

Even if you are past your probationary period, the financial aspect is significant. The severance pay you may be entitled to is often calculated based on factors like the length of your employment, your annual income, and the terms of your employment contract. In some cases, the costs of pursuing legal action might actually outweigh the severance amount, and if that appears to be the case, we would much rather let you know before you come in and pay for a consultation.

“Have you signed a written notice of termination?”

This is another question that helps us determine whether legal action is a viable option. If you have already signed a termination notice, your legal options may be significantly limited as many termination agreements include clauses where employees waive their rights to pursue further legal claims. If you signed under duress or without proper understanding, there may still be ways to challenge the agreement.

Closing Thoughts

We understand that losing a job—or facing challenges at work—can be a stressful time emotionally, logistically, and financially. By gathering detailed information at the outset, we can provide realistic advice and focus on solutions that make sense for your specific situation.

If you’re unsure about any part of our process, don’t hesitate to ask for clarification. We’re here to help and ensure you feel informed and supported every step of the way.

Two people in an office meeting
Nov 22
Love0

3 Steps to Take Right Now on Your Real Estate Purchase

By Real Estate

What Every Property Buyer Needs to Know After Signing the Offer to Purchase

Congratulations! You’ve signed your offer to purchase a property—a huge milestone in your real estate journey. But now the clock is ticking. From securing fire insurance to ensuring your lawyer has the necessary documentation, every step is time-sensitive. Let’s break down the essential steps you need to take to ensure your real estate purchase proceeds smoothly.

1. Secure Fire Insurance Immediately

Fire insurance isn’t just a good idea—it’s a legal requirement to close most property purchases. Lenders require proof of insurance before releasing funds, and your lawyer cannot finalize the transaction without it.

Start by contacting your insurance broker or a reputable insurance company to arrange coverage for your new property. Be prepared with key details, such as the address, the type of property, and its value. Don’t wait until the last minute; arranging fire insurance early ensures you avoid delays in closing.

Pro Tip: If your new home is in an area prone to flooding or other risks, inquire about additional coverage to protect your investment.

2. Obtain Additional Funding Right Away

If part of your down payment or closing costs relies on external funding—such as grants, savings plans, or financial aid programs—you’ll need to act fast. Programs like the First-Time Home Buyer Incentive or funding from organizations like the Manitoba Metis Federation often have specific timelines for fund disbursement.

Start by gathering all required documents to prove your eligibility and submit your application as soon as possible. Some programs require additional processing time, which could cause delays if not addressed promptly.

Quick Reminder: Check whether your funding source requires you to use the funds exclusively for specific costs, such as the down payment, or whether you can apply it toward other expenses.

3. Contact Your Bank About Mortgage Instructions

If you’re financing the purchase with a mortgage, your lender must send your lawyer the official mortgage instructions at least a week before closing (and preferably two weeks). These instructions detail how much the lender will provide, the conditions for disbursement, and other legal requirements. They take time to review for potential issues, and to turn into signable documents so you’ll need to meet with your broker or financial institution right away and get them to send their instructions immediately after that.

Here’s how to ensure this process runs smoothly:

  • Inform Your Bank: Notify your lender immediately after signing the offer to purchase. Ask them to send the mortgage instructions directly to your lawyer without delay.
  • Stay in Communication: Follow up with your lender to confirm that the instructions have been sent.

The sooner your lawyer receives these documents, the faster they can prepare the necessary paperwork for closing.

 

Final Thoughts

Buying a property is an exciting yet complex process. Once you’ve signed the offer to purchase, every step you take can make or break your deal’s success. By securing fire insurance, arranging additional funding, coordinating with your lender and lawyer, and preparing your closing funds, you’ll ensure a smooth transition to homeownership.

The key is to act quickly and stay organized. If you’re unsure about any step, your lawyer is your best resource for guidance. With these steps in place, you’ll be well on your way to closing day with confidence.

Oct 01
Love0

Title Insurance in Winnipeg Real Estate Transactions: Why You Need It and What It Covers

By Real Estate

When buying a home in Winnipeg, one of the key expenses you’ll encounter is *title insurance*. If you’re new to real estate or unfamiliar with the process, title insurance might sound like just another cost piled on to the already hefty bill of buying property. However, it plays a vital role in safeguarding your investment. In this blog post, we’ll delve into what title insurance is, why your bank requires it, and what it covers.

What is Title Insurance?

Title insurance is a form of protection for homeowners and lenders against issues related to the ownership of a property. It ensures that you, as a property owner, have a clear and legal title to your property. This type of insurance is particularly useful because it addresses legal risks that could affect your ownership, such as existing liens, encroachments, or defects in the title itself.

The best part? Unlike other forms of insurance, title insurance is a one-time premium paid at the time of closing, and its coverage lasts for as long as you own the property. It’s arranged by your lawyer so that you can be certain that it covers what your bank requires, and so you don’t need to go out and buy it on your own.

 

Why Does Your Bank Require Title Insurance?

Most Canadian banks and lenders mandate that borrowers purchase title insurance as a condition for financing. But why?

Lenders want to ensure that the property they are helping you finance has a clear title. If issues arise—such as an undisclosed lien, a prior claim on the property, or a boundary dispute—it could jeopardize your ability to repay the mortgage. In the worst-case scenario, these complications could result in the loss of ownership altogether.

For the bank, title insurance provides a layer of security. It protects the lender’s financial interest in the property should any title-related issues arise. Therefore, while title insurance is beneficial for you as a homeowner, it’s also a requirement imposed by lenders to mitigate their, and your, risk.

What Does Title Insurance Cover?

Title insurance in Canada covers a broad range of potential risks and legal issues and it’s important to read your specific policy to see what it does, and doesn’t, cover. Here’s a breakdown of some of the most important areas where title insurance may offer protection:

1. Fraud and Forgery:

Fraudulent claims or forged documents can complicate your ownership. For example, someone might fraudulently sell your property without your knowledge. Title insurance may protect you financially if you become a victim of real estate fraud.

2. Errors in Public Records:

Mistakes in public records, like missing or incorrect signatures on documents, can create gaps in the chain of ownership. Title insurance may step in to resolve these issues by covering the costs to defend your ownership rights.

3. Encroachments and Easements:

Your neighbor’s garage might be a little too far over the property line, or you may find that part of your driveway is technically on another person’s land. These situations can cause legal disputes. Title insurance may help address and resolve such boundary issues.

4. Existing Liens Against the Property:

If the previous owner had unpaid debts—such as property taxes or unpaid contractor bills—those liens could transfer to you upon the purchase of the home. Title insurance may ensure that you won’t be on the hook for the debts of the previous owner. The largest two risks in Winnipeg are unpaid water (where new owners have seen unpaid bills as high as $87,000!) and when the previous owner did work on the house but didn’t pull permits.

5. Survey and Zoning Issues:

Title insurance may be able to help if the property was built in violation of local zoning laws, or if a new survey reveals discrepancies in property boundaries. Coverage includes legal fees and other costs necessary to remedy the problem.

6. Unmarketability of Title:

If there’s a problem with the title that prevents you from selling the property later, title insurance may help with legal costs or compensations related to the issue.

 

What Title Insurance Doesn’t Cover

While title insurance offers robust protection, it doesn’t cover every potential issue related to homeownership. For example, it won’t cover damages from natural disasters, home maintenance problems, or any title defects that arise after the policy is purchased. It’s essential to understand that title insurance is meant to protect against past issues with the title—not future risks. The biggest question that we get is around knob and tube wiring. Your fire insurance may not like knob and tube, but title insurance won’t cover things like that – if the city isn’t going to make you change it, title insurance likely isn’t going to cover it.

Is Title Insurance Worth It?

Given the relatively low cost of a one-time premium (often ranging between $300 and $600 in Canada), title insurance provides substantial peace of mind. It helps shield homeowners from a wide array of financial risks that could arise from defects in the title. Without it, you could face expensive legal bills or even the loss of your property in the event of a claim against your ownership.

In Conclusion

Title insurance is an essential but often overlooked part of Canadian real estate transactions. It ensures that you can enjoy your home free of legal complications stemming from past ownership issues. Whether required by your lender or voluntarily chosen for your protection, title insurance is a wise investment in safeguarding your most significant financial asset.

When considering your next real estate purchase, make sure to review your title insurance options with your lawyer thoroughly. With this added protection, you can confidently navigate the Canadian property market and protect your ownership rights long after the closing papers are signed.

—

With a clear understanding of why your bank requires title insurance and what it covers, you’ll be better equipped to make informed decisions about your real estate transactions.

Apr 02
Love0

Talking about private guardianships

By Family law

If you have found yourself in a position where you wish to take over the care of a child that is not
biologically your own, you may be wondering what does this mean for me, how do I protect the child,
and how do I legally establish my role as their guardian? The answer to that is often a private guardianship.

Private guardianship occurs when a non-biological parent, such as an aunt/uncle, grandparent, or close
family friend applies to the court for an Order of Guardianship of a minor child. This may occur for
numerous reasons, but some common reasons may be because the child has been apprehended from
their parents, the death of a parent, or perhaps a parent has expressed their inability to care for a child.
In these cases, a family member or friend may either be named as the appropriate guardian, or
someone may decide that they are willing and financially able to step up to this role.
Guardianship is unlike adoption as it does not legally terminate the biological parents’ rights over a
child, nor is it necessarily a permanent measure. Guardianship orders, unlike an adoption, can be set
aside in the future if circumstances change.

If you are anticipating becoming, or already are, the caregiver of a child, a guardianship application is an
important step, as it makes your role clear to others, creates certainty for your family and for the child,
and provides a legal basis for your position as the caregiver of the child. Taking this step may be required
by certain organizations, for instances Child and Family Services may request this if the child was
apprehended. Or, you may find that you need this document as evidence of your role in the child’s life,
for instance when traveling, attending medical appointments, enrolling the child in school, etc.
Although, the ultimate Order of Guardianship is not an overly complicated document, unfortunately the
steps to obtaining this Order can be somewhat confusing for the lay person, as it requires numerous
court documents and affidavits to be filed, service on multiple individuals and sometimes organizations
that have been involved with the child, and often at least one court appearance.

If you have found yourself in a position where you are considering guardianship, you may already be in
situation where you feel somewhat overwhelmed and uncertain about the circumstances. To help add a
bit more predictability in your life, Wolseley Law is now offering a flat rate for uncontested
guardianships.

Book your consult to learn more about this process and how we can help you.

Close Menu