top of page

SHANKAR
LAW OFFICE
FAMILY * CRIMINAL * REAL ESTATE * WILLS & ESTATES * CORPORATE
NOW WITH 4 LOCATIONS TO SERVE YOU BETTER! Owen Sound, Port Elgin, Wiarton and Kincardine

BLOG
Read about legal matters that are important to you.
Search


Steps to File for Divorce in Ontario: Understanding the Ontario Divorce Process
Filing for divorce can feel overwhelming when you’re not sure where to start. If you live in Ontario and are considering ending your marriage, understanding the steps involved in the Ontario divorce process can clarify the process and make it less stressful. I’m here to walk you through the essential steps, explain what to expect, and offer practical advice to help you navigate this important life change. What Is the Ontario Divorce Process? The Ontario divorce process is t
Shankar Law Office
Feb 105 min read


Are You a Stay-at-Home Parent Going Through a Separation or Divorce In Owen Sound? Read on....
In 2026, handling property division when one spouse is a stay-at-home parent focuses on the principle that marriage is an equal economic partnership, regardless of direct financial contributions. Legal frameworks increasingly recognize childcare and household management as vital contributions, entitling the non-earning spouse to a fair share of marital wealth. 1. The Matrimonial Home The family residence often receives special status in property division: Equal Value Sharing:
Shankar Law Office
Jan 272 min read


Occupational Rent (Matrimonial/Main Home) in a Family Context
The Court of Appeal in Griffiths v. Zambosco (2001), 2001 CanLII 24097 (ON CA) , provided guidance on the issue of whether or not occupational rent has to be paid in the event of a separation and one of the parties continues to occupy the main/matrimonial home. The court said: “While it is settled law in Ontario that an order for occupation rent be reasonable, it need not be exceptional. The relevant factors to be considered when occupation rent is in issue in a family law c
Shankar Law Office
Jan 82 min read


Shared Parenting Versus Alternate Weekend Parenting
This is one of the most contentious issues regarding parenting. After a split, there is attachment between a child and each parent, but one parent asserts primary care and residence and insists that the other parent has only alternate weekend time. The parent claiming primary care residence assumes the role of the primary caregiver and then asserts that the status quo is the other parent having sole alternate parenting time . This results in significant pain, frustration, and
Shankar Law Office
Jan 42 min read


Choosing the Right Law Firm in Kincardine: Your Guide to Kincardine Legal Services
When you need legal help, finding the right law firm can feel overwhelming. There are many options, and each promises to be the best. But how do you choose the right one for your needs? Especially if you live in or near Kincardine, understanding what to look for in Kincardine legal services is essential. I want to share some practical advice to help you make a confident choice. Finding a trustworthy law firm is about more than just credentials. It’s about feeling comfortable
Shankar Law Office
Dec 30, 20254 min read


Step-by-Step Guide to Writing Legal Affidavits
When you need to provide a sworn statement for legal purposes, an affidavit is often the best way to do it. Writing legal affidavits might seem intimidating at first, but with a straightforward process, it becomes manageable. I’m here to walk you through the steps, making it easier to understand and complete this important document. Whether you’re dealing with a family matter, property issue, or any other legal concern in Huron, Bruce, or Grey Counties, this guide will help y
Shankar Law Office
Dec 17, 20254 min read


Understanding the Pending Litigation Certificate: What You Need to Know
When dealing with property or legal disputes, you might encounter the term ' pending litigation certificate' . It’s a crucial document that can affect property transactions and legal proceedings. If you’re navigating a property purchase or involved in a legal dispute in Huron, Bruce, or Grey Counties, understanding this certificate can save you time, money, and stress. Let’s break down what this certificate is, why it matters, and how it impacts you. What Is a Pending Litigat
Shankar Law Office
Dec 10, 20254 min read


Declaration of Alienation After Family Court Trial
After an 18 day trial, the judge in this case did not change the primary care/residence of the children, age 17 and 14 only because of their ages. Otherwise, after reading this case, and if the children were younger, the judge may well have ordered a change of residence and care from the mother to the father. Cousins v. Healey, 2025 ONSC 5512 (CanLII), < https://canlii.ca/t/kfmwv > The judge’s reasoning was that at ages of 17 and 14, it is very difficult to force children a
Shankar Law Office
Dec 3, 20253 min read
Understanding Unjust Enrichment in Common Law Relationships
Insights from Recent Court Cases In a common law relationship, the answer is yes. Will you be successful? Possibly. This was recently debated in a Superior Court case where the parties lived together from 2006 to 2022 and shared one child. Byrne v. Milner , 2025 ONSC 5272 (CanLII), < https://canlii.ca/t/kfk2s >, sheds light on this issue. The Case Background The respondent owned a home in London, Ontario. The judge found that the four factors for an unjust enrichment claim we
Shankar Law Office
Nov 13, 20253 min read


Another Case Awarding Damages for Intentional Inflection of Emotional Distress in Family Law
Sethi v. Sethi , 2025 ONSC 5079 (CanLII), < https://canlii.ca/t/kf8n8 > In a recent case for an uncontested trial, the judge in the superior court, with some reluctance, took a practical and principled approach to consider an award of damages. The judge indicated that great care normally must be taken in drafting such a claim, but the facts pleaded within the application spoke to specific incidents and an overall pattern of emotional, physical and financial harm caused to the
Shankar Law Office
Nov 4, 20253 min read


The Importance of Making a Strong Case for Violence and Torts in Family Law
There is increasing acceptance by courts to award damages to spouses claiming violence against them in terms of actual dollars for the torts and trauma that they have suffered during their relationship. However, a recent case in the superior court highlights the importance of quantifying and making a strong case by detailing the suffering and trauma caused rather than simply making a claim in a rhetorical manner. In other words, it is not enough to simply say that the applica
Shankar Law Office
Oct 20, 20252 min read


Can I Sue My Ex for Defamation While in a Family Case?
According to a recent superior court case, the answer is yes. The court applied the principles to obtain damages for defamation as...
Shankar Law Office
Oct 11, 20252 min read


Family Considerations in Sentencing Accused
Sometimes clients ask me as to whether or not a court will take into account the family pressures that they are under prior to being...
Shankar Law Office
Oct 6, 20252 min read
bottom of page