For the past decade, Ken Anderson and his wife Sherry have been dealing with a lawsuit for parental support, brought about by Ken’s 71-year-old mother. Photo by Laurena Weninger - Click on picture for larger image
OSOYOOS TIMES-August 18, 2010
By Laurena Weninger – Osoyoos Times
“In 2000 we were served,” said Sherry Anderson. “It’s been going on too long.”
Sherry – circulation manager for the Osoyoos Times – and her husband, Ken Anderson, live north of Osoyoos, near Road 20, with their sons, Brock, 17, and Brett, 16.
In 2000, Ken’s estranged biological mother, Shirley Anderson, 71, served him with court documents and began what has turned out to be a very long battle.
She is suing Ken and his siblings for financial support in B.C. Supreme Court.
“Were we shocked? Yeah,” said Sherry. “We knew it was odd, but we just figured we’d give our financial stuff and it would be done.”
At first, Shirley was looking for a smaller amount of money – $10 a month from each of her children.
Now, the amount Shirley wants from each sibling has escalated to $750 per month.
The court action has been made under Section 90 of B.C.’s Family Relations Act.
It’s a little-used section of the law, but it’s one the Anderson family has come to know well.
Section 90 of the Family Relations Act states that an adult child is responsible for supporting a parent who is dependent on that child due to age, illness, infirmity or economic circumstances.
The section was recently reviewed by the B.C. Law Institute and a report from the institute recommends that Section 90 of the Family Relations Act be repealed – a recommendation that is receiving consideration by the B.C. government’s current review of family law.
Even though changes may be on the horizon, the current law is the one under which the Andersons must fight.
And even though Ken said neither he nor most of his siblings have had a relationship with Shirley for decades, the law still applies.
Ken doesn’t like to talk about his childhood, but he makes it clear it wasn’t a fun home to grow up in.
When he was a young teenager, Ken’s father, Garry Anderson, now deceased, was a long-haul truck driver.
He was transferred from the Kootenays to Osoyoos and the family moved to town.
At the time, Ken’s siblings, Donna, Brian and Keith, were no longer living at home.
The family only lived in Osoyoos for a short time before Shirley, Garry and Darrell, Ken’s younger brother, moved back to the Kootenays.
Ken said he was told he was not going along with the family, but instead would have to stay in Osoyoos on his own.
For a while, he stayed with neighbours.
Then, Ken couch-surfed and found temporary work to pay for his basic necessities.
That was when he connected with Carol and Joe Usher – Osoyoos residents who took in the lost teenager.
Joe Usher, owner of OK Truck Centre, is a heavy-duty mechanic.
He helped Ken, who only ended up attending school until Grade 9, find his current job as a logging truck driver.
“I was really lucky to have Joe and Carol,” Ken said.
The only time Shirley has been in touch over the years is when she wants money, Ken said, and that may be part of what stings most about the current court action.
“She’s going to come back 30 years later and sue me?” he said. “It’s just wrong. Wrong that this has gone on.”
Ken said he and Sherry can’t afford to pay.
Sherry works part-time at three jobs – the Osoyoos Times, Osoyoos’s Sears outlet, and she does cleaning on the side.
It’s a struggle just to make ends meet, with two teenage boys who hold down jobs of their own.
“I don’t think kids should be expected to pay,” said Ken, explaining that the court should at least take into consideration the quality of his upbringing. “I think it’s wrong. We need to raise our own kids first.”
But even though the thought of paying out $750 per month horrifies Ken and Sherry, the effect of the ongoing court action is damaging in itself.
“Everything’s been kind of sucked out of us,” said Sherry, who, until very recently, was doing all the footwork so the couple could represent themselves in court.
That means she was trying to learn the law, figure out the court processes and write and file everything related to their own defence.
The lawsuit has been part of their lives for a decade but has entirely consumed them for the last eight months.
“It’s kind of gobbled us up,” Sherry said.
The last court appearance for the matter on Aug. 3 in Vancouver court was adjourned.
Shirley’s lawyer, Donald McLeod of Victoria, is handling the case on a pro bono basis.
He was not available for comment before press time.
The siblings have dealt with the suit independently and some hired lawyers.
Others, like Ken and Keith, were trying to represent themselves.
Recent media attention, however, has brought the Anderson case to the attention of Vancouver lawyer Stan Schwartz and he recently came forward with an offer to help.
He is taking on the case at no charge to Ken and Sherry and helping Keith to find a lawyer as well.
It’s going to be another four months or so before the case makes its way back to court, Sherry said, but they are pleased to have found help and are looking forward to a resolution.
“We’ve got to get back to our work and our kids,” she said, crediting her strong family connection for the drive to keep moving forward. “We’re not the only ones with sad stuff in our lives. I think you just do what you’ve got to do.”
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