BC dad gets $100 back in child custody dispute
A father who alleges his daughter was not being cared for properly by daycare staff has sought reimbursement through BC’s Civil Resolution Tribunal.
The British Columbia Civil Resolution Court awarded a British Columbia man $100 of $3,250 sought from a childcare company after he alleged it did not properly care for his child. daughter.
Beibei’s Kids Land Ltd. runs a daycare center called Tiny Hoppers which Xu Li’s daughter C attended in September 2021.
The company operates throughout the Lower Mainland and the decision does not specify the location.
Li alleged that C always comes home dirty, which he says is unsanitary.
And, on September 16, 2021, C got a scratch on her forehead that Tiny Hoppers staff didn’t notice. None of the parties contested this fact.
C did not return to Tiny Hoppers, which denied Li’s refund request.
Li alleged that Tiny Hoppers neglected C while she was in his care.
Li first requested an order for Tiny Hoppers to return the $1,600 he paid for September 2021, as well as the $1,600 deposit and $150 entry fee he paid for guarantee the place of C.
He later admitted that he only paid $1,500 for September 2021.
Tiny Hoppers denied neglecting C, saying it’s normal for toddlers to get bumps and scrapes during outdoor play.
He also said it was normal for toddlers’ clothes to get dirty when playing outside and denied it was a health or safety issue.
Tiny Hoppers said the parties’ contract states that tuition, deposit and application fees are non-refundable. He asked court member Eric Regehr to dismiss Li’s claims.
Li argued that Tiny Hoppers violated the parties’ contract by failing to provide C with safe care.
“I disagree with Mr. Li that it is reasonable to imply a contractual clause that essentially guarantees that a child will never suffer injury of any severity,” Regehr said.
And, he said, having dirty clothes while playing outside and having a relatively minor scratch doesn’t show that Tiny Hoppers’ care for C was “obviously inadequate.”
Tiny Hoppers relied on a report that Vancouver Coastal Health wrote about the scratching incident. Li claimed it was a fake.
Regehr concluded that Li was not entitled to a refund of application fees because the parent handbook stated they were non-refundable. Also, the court member said, Li could not get his tuition back because he did not follow the withdrawal protocol.
Regehr found ambiguity in the documents stating that the security deposit is non-refundable and applies to the last month’s tuition. With this ambiguity affecting the $1,600 deposit and the $1,500 tuition, Regehr ruled that Tiny Hoppers owed Li the $100 balance.
Inspections of child care centers in British Columbia are carried out by regional health authorities. Facility report searches can be found on the provincial government website.
A search of inspections of Tiny Hoppers facilities revealed some infractions.
A site in Langley had issues with clogged fire escapes and kitchen hazards, as well as contact issues with children’s nap blankets, outdated care plans and outdated fire extinguishers.