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

That decision got one B.C. family fired from the child-care facility they sent their two young children to B次元官网网址� leading the mom to 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 B次元官网网址� listed as JM B次元官网网址� also wanted the tribunal to order the daycare operator to stop B次元官网网址渉er alleged public campaignB次元官网网址� to discredit the momB次元官网网址檚 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 B次元官网网址渉opefulB次元官网网址� the kids would be vaccinated B次元官网网址渟oon.B次元官网网址�

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

B次元官网网址淚 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 B次元官网网址榥o go,B次元官网网址橞次元官网网址� said the tribunal decision.

ThatB次元官网网址檚 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 JMB次元官网网址檚 claims about breach of contract, eventually siding with KM.

B次元官网网址淚 find that on September 23, 2022, KM gave JM 5 weeksB次元官网网址� notice to end childcare services if the children were not vaccinated,B次元官网网址� says the decision. B次元官网网址淚 find in doing so, she provided more than one full monthB次元官网网址檚 notice. As noted, JM alleges that KM requiring the children to be vaccinated was a unilateral change to the contractB次元官网网址檚 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. I 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. I find that KM had fulfilled her obligations under the contract, and had provided reasonable notice as required.B次元官网网址�

The tribunal dismissed all claims.

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