Mac Saini was just 16 months old when he died in an unlicensed B.C. daycare. (Submitted)

Health authority denies wrongdoing in Baby Mac’s death at daycare

The 16-month-old, also known as Baby Mac, died in January 2017 at Olive Branch Daycare in Vancouver

The regional health authority in charge of overseeing the operations of daycares in Vancouver says it was not responsible for the death of a B.C. toddler at an unlicensed daycare.

The mother of Macallan Wayne Saini, Shelly Sheppard, filed the lawsuit in September.

The 16-month-old, also known as Baby Mac, died in January 2017 at Olive Branch Daycare in Vancouver. According to court documents that name Vancouver Coastal Health, Sheppard said she “understands that Mac Saini has been left unattended and had choked on an electrical causing his death.”

The civil suit has listed the health authority, the Ministry of Child and Family Development, daycare operator Yasmine Saad and building owners Karen Pearl Kruse and Peter Andrew Scott as defendants.

Sheppard argued the health authority and MCFD, which both oversee the standards for daycare facilities in the region, were aware of and had investigated multiple complaints of the daycare operating without a licence, dating as far back as 2010.

Baby Mac’s death sparked provincewide debate on regulating childcare. Sheppard and the child’s father, Chris Saini, called on the B.C. government to create a registry for daycare operators and more affordable childcare options to increase safety.

READ MORE: Parents mourning death of toddler call on province for $10-a-day childcare

Sheppard’s lawsuit also claims she has suffered fatigue, anxiety, depression and post-traumatic stress disorder since her son’s death.

She is seeking payment for a number of damages, including loss of earnings, as well as a declaration by officials that Baby Mac was deprived of his right to life and security contrary to his human rights.

According to court documents, the health authority had identified daycare operator Saad as a “moderate risk to health and safety,” but had never fined her.

In a response to her claim, filed Dec. 5, Vancouver Coastal Health denied any negligence, claiming it had no knowledge Saad was running an unlicensed facility.

It also said while it had received four complaints about Saad, they each involved different addresses and all related to caring for too many kids, not about being unlicensed. The health authority said each complaint was dealt with.

The health authority is asking the court to dismiss the claim, with costs.

No other respondents have filed a statement of defence. None of the allegations has been proven in court.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Chilliwack Centre of Excellence paddlers make national teams

The CCE athletes battled through four heats at Canadian team trials in Oklahoma.

OPINION: When observation affects what is observed

I’m aware that covering criminal court proceedings can impact lives and sometimes the proceedings too

Crown seeking 30 months for Abbotsford vehicle theft, flight from police, Chilliwack crash

Michael Joseph Hasell has 47 criminal convictions on his record in B.C. and Alberta

BC Ferries to pilot selling beer and wine on select routes

Drinks from select B.C. breweries and VQA wineries to be sold on Swartz Bay to Tsawwassen route

Rainfall warning: Up to 70 mm expected across Fraser Valley

Environment Canada issued a weather warning heading into the long weekend

VIDEO: Alberta man creates world’s biggest caricature

Dean Foster is trying to break the world record for a radio show contest

Man driving wrong way on Highway 17 ‘seriously’ injured after crash: Surrey RCMP

Police say the driver hit a transport truck, then another car after merging from the off-ramp onto highway

Should B.C. lower speed limits on side roads to 30 km/h?

Vancouver city councillor wants to decrease speed limits along neighbourhood side roads

Lawsuit eyed over union-only raise for B.C. community care workers

‘Low-wage redress’ leaves 17,000 employees out, employers say

Landlord of alleged Okanagan shooter recounts deadly day

Tony Friesen was working in one of the units of his Penticton building when he heard shots

Foreign national arrested in connection to thefts at YVR

A woman, 60, is being held in police custody as Richmond RCMP investigate

Police pursue pesky porker on Vancouver Island

‘This was allegedly not the pig’s first escape’

Rare ‘Snow Tower’ tree blooming in Vancouver city park

A plant rarely grown in Canada is now flowering at the Bloedel Conservatory in Queen Elizabeth Park

Westjet tries again to dismiss proposed class-action lawsuit alleging discrimination

Former flight attendant claims airline broke contractual promise to create harassment-free workplace

Most Read