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B.C. daycare OK to remove family for not getting COVID-19 vaccine: ruling

B.C. Civil Resolution Tribunal rejects claim for terminated contract, emotional distress

Not all parents have allowed their children to be vaccinated to protect against COVID-19.

That decision got one B.C. family removed from the child-care facility they sent their two young children to 香蕉视频直播 leading the mom to unsuccessfully take the operator to court.

The B.C. Civil Resolution Tribunal has ruled against the mom, who was looking for a refund of $3,137.65 after the daycare terminated the contract with notice of five weeks. That amount includes damages for mental distress. The tribunal decision does not name the daycare or the mom to protect the identity of the children involved. Both children were under the age of five.

The mom 香蕉视频直播 listed as JM 香蕉视频直播 also wanted the tribunal to order the daycare operator to stop 香蕉视频直播渉er alleged public campaign香蕉视频直播 to discredit the mom香蕉视频直播檚 reputation, but the decision declined to grant the order.

The two children were unvaccinated when they started going to a daycare operated by KM, and told JM that she was 香蕉视频直播渉opeful香蕉视频直播 the kids would be vaccinated 香蕉视频直播渟oon.香蕉视频直播

Months later, KM followed up on the issue with JM.

香蕉视频直播淚 find KM and JM had some further verbal discussions about this issue where JM advised that her husband did not want the children vaccinated and KM advised that unvaccinated children were a 香蕉视频直播榥o go,香蕉视频直播櫹憬妒悠抵辈 said the tribunal decision.

That香蕉视频直播檚 when KM gave the notice of five weeks that the contract would be terminated.

JM claimed that KM breached the terms of the contract and owed money to cover losses.

The tribunal addressed JM香蕉视频直播檚 claims about breach of contract, eventually siding with KM.

香蕉视频直播淚 find that on September 23, 2022, KM gave JM 5 weeks香蕉视频直播 notice to end childcare services if the children were not vaccinated,香蕉视频直播 says the decision. 香蕉视频直播淚 find in doing so, she provided more than one full month香蕉视频直播檚 notice.

香蕉视频直播淎s noted, JM alleges that KM requiring the children to be vaccinated was a unilateral change to the contract香蕉视频直播檚 terms. However, as noted, KM was permitted to change her COVID-19 policies, and to terminate the contract immediately if anyone failed to follow those policies. KM was also entitled to terminate the contract on reasonable notice.

香蕉视频直播淚 find 5 weeks is a reasonable amount of notice for JM to comply with the policy change or have the contract terminated. The fact that KM terminated the contract because she did not wish to provide care to unvaccinated children does not change that she was entitled to unilaterally terminate the contract on reasonable notice, and does not mean that her reason for terminating the contract amounts to a unilateral breach of contract.

香蕉视频直播淚 find that KM had fulfilled her obligations under the contract, and had provided reasonable notice as required.香蕉视频直播

The tribunal dismissed all claims.

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Chris Campbell

About the Author: Chris Campbell

I joined the Victoria News hub as an editor in 2023, bringing with me over 30 years of experience from community newspapers in Metro Vancouver and the Fraser Valley
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