Health authority says it's not responsible for Baby Mac's death at Vancouver daycare

In response to a lawsuit filed in B.C. Supreme Court by Baby Mac's mother, Vancouver Coastal Health denies it was responsible for his death in any way.

Macallan Wayne Saini died on Jan. 18, 2017 at the unlicensed Olive Branch Daycare in Vancouver.

The coroner is still investigating his death but, in court documents, his mother, Shelley Sheppard, says she "understands that Mac Saini had been left unattended and had choked on an electrical cord causing his death."

Her lawsuit, filed on Sept. 17, 2018,alleges the daycare operator and the owners of the home where the facility was run were negligent.

It also claims Baby Mac's charter rights to life and security were violated. It says the Vancouver Coastal Health Authority and the Ministry of Children and Family Development failed to protect him.

But in its response, the health authority denies any negligence on its part and says it acted in a reasonable manner.

Vancouver Coastal Health (VCHA) responded to the civil claim onDec6, 2018, claiming ithad no knowledge that the daycare operator, YasmineSaad, also named in the lawsuit,was operating an unlicensed child care facility at the East Vancouver address.

It also says there were no complaints involving that particular address.

However, the VCHAdid receivefour complaints over a seven year period aboutSaad, all of which involved different addresses and all related to caring for too many kids.

In those cases, the health authority claims, each complaint was dealt with appropriately.

Sheppard also claimed that as a result of the negligence on the part of the defendants, she has sustained personal injuries such asfatigue, anxiety, depression, post-traumatic stress disorder which impact her enjoyment of life and have caused loss of earnings.

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

None of theallegations havebeen proven in court. A statement of defence has not yet been filed by any of the respondents other than Vancouver Coastal Health.