The operator of a Vancouver daycare where a 16-month-old boy died in 2017 is denying any responsibility in the death.
Mac Saini, known as “Baby Mac,” died at the Olive Branch Daycare on Jan. 18, 2017.
A lawsuit filed by Saini’s family in September 2018 claims that his mother, Shelley Sheppard, arrived at the East Vancouver home where the daycare operated to find it overcrowded with kids, and her son dead on the floor.
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The suit claims he choked to death on an electrical cord, which it alleged was the result of negligence when the boy was left alone.
In a response to the notice of civil claim filed on Tuesday, daycare operator Yasmine Saad denied all allegations in the suit.
“The death was a tragedy but not the result of any negligence and at all material times, the defendant met the requisite standard of care,” reads the response.
The response goes on to claim that Saad acted in accordance with the Community Care and Assisted Living Act at all times, and eschews any responsibility for Baby Mac’s death.
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“The defendant denies that a duty of care was owed to the plaintiff Sheppard and denies that Sheppard suffered or will suffer in the future the injuries, loss, damage or expense as alleged or at all, and puts the plaintiff to the strict proof thereof,” it states.
The response comes after Saini’s family went to court earlier this summer, claiming it had been unable to locate Saad to serve her with the lawsuit.
The family is also suing the province and Vancouver Coastal Health, both of whom have filed responses with the B.C. Supreme Court denying any responsibility.
Since Baby Mac’s death, his parents have become vocal advocates for child care reform, saying B.C.’s system is both too expensive and characterized by unacceptable wait times.
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