B.C.’s Civil Resolution Tribunal has awarded a B.C. man $100 of the $3,250 requested from a child-care company after he alleged it was not looking after his daughter properly.
Beibei’s Kids Land Ltd. runs a daycare called Tiny Hoppers that Xu Li’s daughter, C, attended in September 2021.
The company has operations throughout the Lower Mainland and the ruling does not specify the location.
Li alleged C consistently came home dirty, which he said is unsanitary.
And, on Sept. 16, 2021, C got a scratch on her forehead that Tiny Hoppers staff did not notice. Neither party disputed that fact.
C did not return to Tiny Hoppers, which refused Li’s demand for a refund.
Li alleged Tiny Hoppers neglected C while she was in its care.
Li initially asked for an order that Tiny Hoppers refund the $1,600 he paid for September 2021, and the $1,600 deposit and $150 registration fee he paid to secure C’s spot.
He later conceded that he only paid $1,500 for September 2021.
Tiny Hoppers denied neglecting C, saying it is normal for toddlers to get bumps and scrapes during outdoor play.
It also said it’s normal for toddlers’ clothes to get dirty when playing outside and denies this is a health or safety concern.
Tiny Hoppers said the parties’ contract said that the tuition, deposit and application fee are all non-refundable. It asked tribunal member Eric Regehr to dismiss Li’s claims.
Li argued Tiny Hoppers breached the parties’ contract by failing to provide C with safe care.
“I do not agree with Mr. Li that it is reasonable to imply a contractual term that essentially guarantees a child will never receive any injuries of any severity,” Regehr said.
And, he said, having dirty clothes from playing outside and getting a relatively minor scratch does not show that Tiny Hoppers’ care of C was “obviously inadequate.”
Tiny Hoppers relied on a report it said Vancouver Coastal Health wrote about the scratch incident. Li claimed it was a forgery.
Regehr found Li was not entitled to a refund of the application fee as the parent handbook noted it was non-refundable. Further, the tribunal member said, Li could not have the tuition fee refunded as he had not followed the withdrawal protocol.
Regehr did find an ambiguity in documents that said the security deposit is non-refundable and that it applies to the final month’s tuition. With that ambiguity affecting the $1,600 deposit and the $1,500 tuition, Regehr ruled Tiny Hoppers owed Li the $100 balance.
Child-care inspections in B.C. are done through regional health authorities. Searches for facility reports can be found on the provincial government's website.
A search through Tiny Hoppers' facilities inspections indicated some infractions.
A Langley location had problems with obstructed fire escapes and kitchen hazards as well as issues with children's nap blankets touching, un-updated care plans and outdated fire extinguishers.
