D.R.+-+2366

//D.R. – 2366//


 * Facts:** A mother (“B”) is making a claim for support from two of her children. One of the two children (“S”) is asking that the other children of B, who are half-brothers and sisters, also be required to contribute to the support of their mother. S invokes art. 592 C.C.Q. and offers to have B come and stay with him in his home. B refuses to live with S on the grounds that the living conditions in S’ home would be unbearable and that she would have no privacy.


 * Held:** The offer of S to have his mother stay with him is acceptable and S is also required to provide B with food. The other children are required to contribute to the support of B. The amount that each is required to give varies depending on their means.

· The court holds that the mother’s contention that the living conditions at her son’s home would be unbearable is rejected given that the standard of living that the family used to endure in Chile before moving to Canada was very poor and simply not having enough privacy is not an adequate reason for her refusal to move in with S ·  Furthermore, the parties involved all state that relations between S and B have always been cordial, which supports the decision to accept S’ offer to have B move in with him · The court also believes that this application for support is largely as a result of the pressure put on B by the government, because she is a recipient of social assistance · It would not be fair to place the entire burden of supporting B on S, therefore, the other children are also required to contribute · **Art. 592 CCQ**: If the debtor offers to take the creditor of support into his home, he may, if circumstances permit, be dispensed from paying all or part of the support.
 * Reasoning:**