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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98010
Experience:  Lawyer
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Our Daycare -$25/d Closed without notice. Contract

Customer Question

Hello,
Our Daycare -$25/d Closed without notice. Contract signed for another 9mts. Pleaae define her responsibilities.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Is she closing because she is bankrupt?

Does she have money of yours for the weeks ahead?
Customer: replied 1 year ago.

Hello,

No she is closing. It is a private daycare, not its own identity. Contract term was upheld for 3 of the 12 months at a cost of 25.00 per day. She does owe a balance of 17 days totalling 425.

She did not give 14 days notice. Should she not be responsible for proven costs of care for that period. Additionally, her contract states that she is responsible for her care for the period of a year - Our new daycare is $30.00/d. Can she be held liable for the additional cost until the contract has aged.

Thank you.

Jeremiah

Expert:  Debra replied 1 year ago.
Yes she can. She breached her contract with you and simply cannot decide to terminate it early, unless there is a provision in that contract that allows her to do so. She has to give you back all the money you paid her if she is not providing the care and she must also reimburse you for the higher cost for the rest of the term. You have mitigated your damages by finding comparable care but the cost is greater and she has to compensate for this.

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