(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

Maple Ridge, Pitt Meadows part of speculation and vacancy tax

Watch the mail, fill out the form, or you’ll be taxed

Another Burrard wins a field lacrosse scholarship

Cooke playing for Newbury Wolves in South Carolina

Bella is tops for Maple Ridge dogs

City’s website offers pet trivia

Maple Ridge urged to help cannabis business grow

Big dollars in processing pot, says advocate

The debate over teaching math in B.C.

Tutoring businesses growing with concerns

Rare ‘super blood wolf moon’ takes to the skies this Sunday

Celestial event happens only three times this century

Missing man from Crowsnest Pass could be in Lower Mainland

58-year-old Stuart David Duff was last seen on Jan. 6, 2019.

Scientists ID another possible threat to orcas: pink salmon

For two decades, significantly more of the whales have died in even-numbered years than in odd years

B.C. dangerous offender in court for violating no-contact order, sends letter to victim

Wayne Belleville was shocked to see a letter addressed to him from his shooter, Ronald Teneycke

Judge denies requests from Calgary couple charged in son’s death

David and Collet Stephan wanted $4 million to pay for past and future legal bills

Explosion sends B.C. firefighter to hospital

Kelowna fire crews responded to a blaze at Pope’sGallery of BC Art & Photography on Friday

Ex-Mountie investigating ‘Surrey six’ murders pleads guilty to obstruction

Derek Brassington entered his plea in B.C. Supreme Court on Friday

Man blames his loud car radio, sirens for crash with B.C. ambulance

Tribunal rejects bid to recoup ICBC costs after crash deemed 100-per-cent his fault

RECALL: Salmon Village maple salmon nuggets

Customers warned not to eat product due to possible Listeria contamination

Most Read