A British Columbia tribunal has shut down a mother’s claim for a $3,137.65 refund from a daycare that ejected her two children for being unvaccinated.
The recent ruling by the BC Civil Resolution Tribunal rejected the mother – known as JM due to a publication ban related to the children’s young age – after she took the daycare to court for terminating the childcare contract.
JM demanded damages for mental distress from the daycare operator known as KM and a refund.
“I 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 ‘no go,’” wrote the tribunal.
The mother was given a five-week notice that the contract would be terminated on the premise that she breached terms by refusing to have her children vaccinated.
“I find that on September 23, 2022, KM gave JM 5 weeks’ notice to end childcare services if the children were not vaccinated. I find in doing so, she provided more than one full month’s notice,” the tribunal wrote.
“As noted, JM alleges that KM requiring the children to be vaccinated was a unilateral change to the contract’s 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.”
According to the ruling, the daycare was “entitled to unilaterally terminate the contract” and that the owner met all obligations.
“I find that KM had fulfilled her obligations under the contract, and had provided reasonable notice as required,” stated the ruling.
All of JM’s claims were dismissed as a result of the decision.
