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Feb 19
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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
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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
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3 Steps to Take Right Now on Your Real Estate Purchase

By Estates

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
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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.

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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
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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.

Mar 07
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Executor Duties – A Guide: Navigating the Path with Care

By Estates

Introduction

Being named an executor of a will is both an honor and a substantial responsibility. It signifies trust and confidence in your ability to manage the final affairs of a loved one’s estate. However, it’s also a role that comes with a myriad of duties, requiring diligence, patience, and often, a delicate touch. In this essential guide, we delve into the core responsibilities of an executor, offering insights and advice to help you navigate the path with care, empathy, and efficiency.

Understanding Your Role As Executor

An executor, fundamentally, is tasked with carrying out the wishes of the deceased as laid out in their will. This role is pivotal in ensuring that assets are distributed according to the deceased’s wishes, debts are paid off, and all administrative tasks related to the estate are handled properly. The duties can be complex and time-consuming, but with the right approach, they can be managed effectively. Please keep in mind that this is by no means a complete guide to estate administration but is a good overview of some of the things that an executor might be expected to do.

A picture of a lighthouse leading in boats

1. Locating the Will and Important Documents

The first step in your journey as an executor is to locate the deceased’s will and any other critical documents, such as life insurance policies, property deeds, and financial statements. These documents form the foundation of your duties, guiding you through the process of estate administration.

2. Initiating the Probate Process

Probate is the legal process through which the will is validated, and the executor is formally recognized by the court. Initiating probate involves submitting the will to the local probate court and notifying all interested parties. Understanding your local probate laws is crucial, as they can vary significantly from one jurisdiction to another.

3. Managing the Estate’s Assets

As an executor, you’ll need to take stock of the estate’s assets, ensuring they’re secure and properly managed. This might involve everything from securing a property and its contents to managing bank accounts and investments. Your role is to preserve the value of the estate until it can be distributed to the beneficiaries.

4. Paying Debts and Taxes

Before the estate can be distributed, you’re responsible for settling any outstanding debts and taxes. This often requires opening an estate bank account to manage financial transactions. It’s essential to be thorough, as you may be personally liable for any discrepancies or errors.

5. Distributing the Assets

Once debts and taxes have been settled, you can proceed with distributing the estate’s assets according to the will’s instructions. This stage requires careful attention to detail and often, a great deal of patience, as it involves a lot of coordination and communication with beneficiaries.

6. Finalizing the Estate

The last step involves finalizing the estate, which includes preparing and filing final accounts with the probate court, showing how assets were managed and distributed. Once approved, you can formally close the estate, completing your duties as an executor.

Conclusion

The role of an executor is both significant and challenging, requiring a blend of meticulous attention to detail, financial acumen, and interpersonal skills. While the process can be daunting, it’s also a deeply meaningful way to honor the final wishes of someone important to you. Remember, it’s okay to seek professional advice from attorneys, accountants, and financial advisors to navigate the more complex aspects of estate administration. With the right approach and resources, you can fulfill your duties with confidence and compassion, ensuring a smooth and respectful conclusion to the estate’s affairs.

Feb 06
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Understanding a Henson Trust in Manitoba for People with Disabilities

By Committeeship, Estates, Power of Attorney, Wills

Navigating the complexities of estate planning and ensuring financial security for loved ones with disabilities can be a daunting task. In Manitoba, one effective tool that people look at for its flexibility and protective benefits is the Henson Trust. This post aims to shed light on Henson Trusts, detailing their setup, operation, and associated risks to help Manitobans make informed decisions and help you consider if seeing a Winnipeg lawyer for the Henson Trust is the right way to help you plan.

What is a Henson Trust?

A Henson Trust, named after the landmark legal case that established its framework, is a unique type of trust designed to benefit individuals with disabilities (in this case, the “beneficiary”). It is a discretionary trust, meaning that the trustee has full control over if, when, and how the trust’s assets are distributed to the beneficiary. The primary goal of a Henson Trust is to provide financial support to a person with disabilities without affecting their eligibility for government assistance programs, such as the EIA or Manitoba Housing. This is because the assets held in a Henson Trust are not considered part of the beneficiary’s assets.

Setting Up a Henson Trust

Establishing a Henson Trust in Manitoba requires careful planning and adherence to specific legal requirements. The process typically begins with consulting a lawyer experienced in estate planning and trusts. The settlor, who is the person creating the trust, must draft a trust deed or will that explicitly states the trust’s discretionary nature. This document should appoint a trustee or trustees, outline the trust’s terms, and specify the beneficiary or beneficiaries. Choosing a reliable and trustworthy trustee is crucial, as they will have significant control over the trust’s administration and the welfare of the beneficiary.

Operating a Henson Trust

Once a Henson Trust is in effect, its operation hinges on the discretion of the trustee. The key part of a Henson Trust is that no one can require that the trustee pay any of the money to the beneficiary – that is how it avoids being included in the beneficiary’s assets. The trustee is responsible for managing the trust’s assets, making investment decisions, and deciding on the distribution of funds to the beneficiary. They must act in the best interest of the beneficiary, taking into account the beneficiary’s needs, government benefit eligibility, and the trust’s long-term sustainability. Trustees have the flexibility to disburse funds for a wide range of expenses, including living costs, medical care, education, and leisure activities, ensuring the beneficiary’s quality of life is maintained or enhanced.

Risks Associated with Henson Trusts

While Henson Trusts offer numerous benefits, they are not without risks. One significant risk is the possibility of the trustee choosing not to disburse any funds, especially if they are also the residual beneficiary of the trust. This scenario can occur if the trustee, motivated by self-interest, decides to preserve the trust’s assets for themselves rather than using them for the beneficiary’s needs. To guard against this risk, it is essential to choose a trustee who is trustworthy and has the beneficiary’s best interests at heart. Additionally, you can appoint more than one trustee or a professional trust company to ensure checks and balances are in place.

In conclusion, Henson Trusts offer a valuable estate planning tool for families wishing to provide for loved ones with disabilities, ensuring their financial security without compromising their access to government assistance. However, the success of a Henson Trust lies in its careful setup, the integrity and diligence of the trustee(s), and the ongoing management of its assets. By understanding the benefits and potential risks, Manitobans can make informed decisions that align with their estate planning goals, ensuring peace of mind and the well-being of their loved ones.

Henson Trust meeting
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