(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

Last of southern Selkirk caribou relocated to Revelstoke area

One cow from the South Selkirk herd and two from the Purcells were moved this week

How to stay safe in the Nakusp backcountry: BCSARA

The B.C. Search and Rescue Association recommends planning, training and taking the essentials

Skier caught in backcountry avalanche near Rossland

‘The man was lucky he had the ‘A-Team’ of ski patrol people able to respond as quickly as they did,’ says Rossland rescue spokesperson

Kootenays unemployment rate best in B.C.

In one year, the region has gone from highest unemployment rate to lowest, at 3.1 per cent

Nakusp search and rescue group seeks volunteers

Senior Nakusp SAR member Ross Shkuratoff says the group is on the lookout for new members

B.C. opioid crisis to get same world-renowned treatment approach as HIV/AIDS

A program that focuses on treatment as prevention will roll out Jan. 17

‘Prince of Pot’ Marc Emery accused of sexual assault, harassment

Emery denied the allegations, but a Toronto woman says she is not the only one speaking out

Vancouver Island photographer makes National Geographic’s 2018 elite

Rare double honour for Marston from the 36 best Your Shots out of nearly 19,000 photos

Ex-Liberal candidate in Burnaby, B.C., says volunteer wrote controversial post

Karen Wang dropped out following online post singling out NDP Leader Jagmeet Singh’s ethnicity

Asteroids are smacking Earth twice as often as before

The team counted 29 craters that were no older than 290 million years

Canada’s arrest of Huawei exec an act of ‘backstabbing,’ Chinese ambassador says

China has called Canada’s arrest of Huawei chief financial officer Meng Wanzhou ‘politically motivated’

BREAKING: Jury finds man accused of killing B.C. girl, 12, guilty

Twelve-year-old Monica Jack disappeared in May 1978 while riding her bike along a highway in Merritt, B.C.

In limbo: Leftover embryos challenge clinics, couples

Some are outright abandoned by people who quit paying storage fees and other couples struggle with tough decisions

B.C. government extends coastal log export rules for six months

Premier John Horgan promises reform at loggers’ convention

Most Read