"No go": Mother sues daycare that refused to serve her unvaccinated kids

A mother sued a daycare operator after they refused to provide care for her unvaccinated kids.

In a case brought to the BC Civil Resolution Tribunal, the two sides battled it out over claims that a contract was breached.

No parties were named in the dispute between JM, the mother, and KM, the childcare operator.

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It all began in September 2022.

KM provided five weeks’ notice, informing JM that she would terminate the services contract unless children LM and SM received the COVID-19 vaccine.

JM claimed that KM changed the contract’s terms and, in doing so, breached the contract.

The mother wanted a $3,137.65 refund for some fees related to the daycare, reimbursement of a government childcare subsidy, increased fees that she had to pay elsewhere, and damage for mental distress, frustration, anxiety, and inconvenience.

Meanwhile, KM denied breaching the contract and claimed she was entitled to terminate the agreement and already reimbursed JM for the subsidy, adding she owes nothing further.

Several months prior, in June 2022, JM emailed KM inquiring about daycare services when KM said she had space for September 2022. At that time, KM asked JM to confirm that everyone was vaccinated against COVID-19 before they met “because she took the pandemic very seriously.”

JM said that she was vaccinated, but her two children were under five, and at the time, there were no vaccines for kids that age.

In the middle of September, KM asked JM when the kids would be vaccinated, and JM said her husband didn’t want the kids vaccinated.

KM advised that unvaccinated children were a “no go” and said she would stop providing services at the end of October 2022 unless the kids got vaccinated.

In response, on September 25, 2022, JM sent a “lengthy” email suggesting that KM breached the contract and that the kids’ last day would be September 30. Later the same day, KM responded that she was immediately terminating the contract.

The tribunal found that the daycare operator gave adequate notice to the mother about the termination of services unless the kids were unvaccinated.

JM was awarded nothing.