(Unsplash)

B.C. mom wins daycare contract fight after kids insulted in text message

Operator had tried to sue for $1,800 when mom pulled her children without giving 30 days’ notice

Warning: The language in this story may be offensive to some readers.

A mom who pulled her kids out of daycare after the operator called her children a swear word will not have to pay for breaking a contract, a B.C. civil claims tribunal has ruled.

In a judgment released Wednesday, tribunal member Kate Campbell said the daycare breached the standard of “safe and professional care” when it referred to the children as “a**holes [sic]”.

As a result, the mother does not have to pay an $1,800 fee for removing them in November 2017 without 30 days’ notice.

The full names of the parents, the name and location of the daycare, and the name of the operator were not included in the decision to preserve the children’s anonymity.

At issue was a text message the daycare operator had sent: “Looks like Hanna and dylan took the say [sic] off and gave me the a**holes.”

Hannah and Dylan are the kids’ parents, according to the daycare contract.

It is not clear when the text message was sent or who was the recipient. The mother provided a screenshot of it.

The operator denied sending that exact message, Campbell wrote, but could not provide evidence that it wasn’t sent, or that it did not contain that word.

In evidence provided to the tribunal, the operator described the events leading up to the children not returning to daycare.

“After receiving this text, Hanna cried to me, unburdened herself to me regarding her personal life and work, hugged me and left her children at my home until 3 p.m.,” she said.

“I did not kick Hanna out, she chose to not come back the next day knowing abruptly withdrawing would incur charges as well as the remainder of her monthly payment along with the burden of looking for new care.”

Campbell said since it was the daycare operator suing the parents for $1,800, the burden of proof was on the operator who admitted a text was sent, and was unable to prove it was not offensive.

“I find it is an implicit term of any childcare agreement that the childcare provider provide safe and professional care to children,” she wrote, “and referring to children as assholes, even outside of their presence, does not meet that standard.”


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

B.C. BUDGET: Surplus $374 million after bailouts of BC Hydro, ICBC

Growth projected stronger in 2020, Finance Minister Carole James says

Technology allows TNRD residents to see the heat

A new library program allows residents to borrow a thermal imaging camera and check for heat loss

Are you a victim of the thermostat wars?

The battle over the thermostat is quite heated in many households.

Community Income Tax volunteers will be at local libraries to help with tax returns

Lower-income singles and families can take advantage of free tax return service

Local News Briefs: Free Family Day weekend movie at the HUB

Plus an ice fishing derby, a Fancy Schmancy Tea Party, the Million Dollar Bursary is back, and more.

VIDEO: 8 things you need to know about the 2019 B.C. budget

Surplus of $247 million with spending on children, affordability and infrastructure

‘Bullet missed me by an inch’: Man recounts friend’s killing at Kamloops hotel

Penticton man witnessed Summerland resident Rex Gill’s murder in Kamloops

B.C. BUDGET: Income assistance raise still leaves many below poverty line

$50 per month increase included in funding for poverty and homelessness reduction

B.C. BUDGET: Indigenous communities promised billions from gambling

Extended family caregiver pay up 75 per cent to keep kids with relatives

B.C. BUDGET: New benefit increases family tax credits up to 96 per cent

BC Child Opportunity Benefit part of province’s efforts to reduce child poverty

B.C. BUDGET: Carbon tax boosts low-income credits, electric vehicle subsidies

Homeowners can get up to $14,000 for heating, insulation upgrades

B.C. man survives heart attack thanks to Facebook

A Princeton man suffered a heart attack while at an isolated property with no cell service

B.C. man sues Maxime Bernier’s People’s Party over trademark

Satinder Dhillon filed application for trademark same day Maxime Bernier announced the new party

New trial ordered over banning whales, dolphins at Vancouver aquarium

Park board’s appeal reverses previous decision that found it had no right to implement a ban

Most Read