Mother’s case for extra cash can go ahead
VANCOUVER — The adult children of a mother from the Kootenays who wants increased parental support from them have lost their bid to have the case thrown out of court.
But in a ruling released Tuesday, the judge hearing the case of Shirley Anderson and her children also warned the mother that, if she fails to obey an earlier court order, the case may be dismissed.
B.C. Supreme Court Justice William Ehrcke found that there had been inordinate delays in the case, which began in 2000 with Anderson seeking interim parental support. He also found there was no satisfactory explanation for a delay from 2001 to 2008.
But he determined that there had been no prejudice to the defendants.
The judge decided that, on balance, justice did not require dismissal.
But he noted that Anderson had failed to comply with a prior court order requiring her to provide updated financial information and present herself to be questioned by the defendants’ lawyers.
“The claimant is now on notice that any further failure on her part to comply with a court order or the rules may well result in her claim being dismissed.”
After Anderson filed suit in 2000, the children — Brian Melvin Anderson, Donna Lee Anderson Dobko, Keith Warren Anderson, Kenneth Wayne Anderson and Darrell Leslie Anderson — were ordered to pay her a total of $50 a month, with each child responsible for $10 of that amount.
She appealed the ruling, seeking an increase in the interim support, but in February 2001, then-b.c. Supreme Court Justice Wally Oppal dismissed that appeal.
In 2001, Anderson’s lawyer withdrew from the case and the claim lay dormant until 2008, when her new lawyer filed an intention to proceed.