(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

Councillor trying for Central Okanagan-Similkameen-Nicola riding federal seat

Joan Phillip acclaimed as NDP candidate for Central Okanagan-Similkameen-Nicola

Update: Mother dead, youth in critical condition after carbon monoxide poisoning at Sandy Point Campground

The woman was found unresponsive insider her tent and the youth was taken via air ambulance to hospital

Former Greyhound bus drivers gather in the Okanagan for one last hurrah

Bash kicks off Friday in Penticton and runs until Sunday

New law introduced to make donating “easier for Canadians”

MP Dan Albas introduces crypto currency-favouring legislation

22nd annual Peachland World of Wheels show kicks off May long weekend

Sunday will 500 classic cars and over 10,000 attendees

Kelowna RCMP interrogation video brings home reality in ‘visceral way’: former TRC chairman

Video of Mountie interrogating young Indigenous woman disclosing sexual abuse under fire

Update: Plan to see more smoke from South Okanagan wildfire

Richter Creek wildfire, 12 kilometres west of Osoyoos, is an estimated 400 hectares

Okanagan adventurer continues motorcycle trip around the world

Vernon local James Leigh recently completed the third of five legs of the journey, travelling through China and Kazakhstan

Riders “step up” their game at Coldstream Equestrian Clinic

Riders from across the Okanagan travelled to Coldstream to train for the 2019 55+ Senior Games, which take place in Kelowna this fall.

Canada’s parole officers say correctional system has reached breaking point

About half of Canada’s federal parole officers work inside penitentiaries and correctional institutions

Montreal researchers create audible hockey puck for visually impaired players

Three years ago, Gilles Ouellet came up with the idea for a puck that makes a continuous sound

Boy, 12, arrested after allegedly pulling a knife on another child at a Surrey park

The child was later released into his parents’ custody as Surrey RCMP continue their investigation

ICBC urging drivers to slow down this May long weekend

Speed is number one cause of car crash fatalities: ICBC

Bucks hammer Raptors 125-103 to take 2-0 playoff series lead

Toronto heads home in a hole after second loss to Milwaukee

Most Read