B.C. man being sued by mom for parental support wants case dismissed
BY AMY CHUNG, POSTMEDIA NEWS SEPTEMBER 20, 2011
The lawyer representing a British Columbia man being sued by his estranged elderly mother for parental support is requesting the 12-year-old case be dismissed.
Ken Anderson, 47, said he was abandoned by his parents at 15 when they moved from Osoyoos to the Kootenays and has not be in contact with his mother Shirley, 71, in decades.
In 2000, Shirley sued Anderson and his two siblings for parental support, demanding they pay her $750 per month.
Shirley used Section 90 of the B.C. Family Relations Act, an old statute used in Canadian provincial governments since the 1920s and 1930s to reduce government obligations to provide social assistance to indigenes.
Similar to the spousal support framework, but rarely used, Section 90 allows dependent parents to make applications to be supported by their children.
In 2007, the B.C. Law Institute made a report that asked for Section 90 to be repealed since it created a legal obligation for adult children to support their dependent parents.
"In cases like the Anderson case, where there is a deeper family dispute, these statutes can exasperate these disputes by getting them into court," said the report's author, Kevin Zakreski a staff lawyer at the B.C. Law Institute.
Anderson's lawyer, Stanley Schwartz, said to his knowledge, there have been 10 applications made under Section 90 in the past 40 to 50 years.
Schwartz asked for the case to be dismissed Tuesday since Shirley was unable to provide financial documents ordered by the court.
"After 12 years, both my clients and his siblings are entitled to have this matter resolved. I mean obviously, they've been under stress, they're working people and we gave our arguments in court . . . and the matter is reserved," said Schwartz, who is taking on the case pro bono.
In an interview last year with the Vancouver Sun, Anderson, a logging-truck driver from Oliver, B.C., expressed his frustration and said children who have bad parents should not have to pay for them as they age.
"We lived in a brutal household and there was always trouble going on there and then they left me behind and I just don't believe that you should have to pay when you are left behind at 15 years old. It is just not right," said Anderson, who is raising two teenagers with his wife, Sherry.
"I just wish this nightmare would disappear."
http://www.canada.com/life/being+sue...657/story.html