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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100412
Experience:  Lawyer
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My dayhome provider is in Breech of her contract with

Customer Question

My dayhome provider is in Breech of her contract with providing care when stated do I need to give her 1 month notice to pull my children out
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

How is she breaching the contract?

Customer: replied 1 year ago.
she ikept the kids out of child care for 48 hours when the contract says they need to be out for 24 hours simpton free. she also did not sign the contract.
Expert:  Debra replied 1 year ago.

I don't have all the facts yet. Are you saying she refused to provide care when the children were entitled to go back after they were symptom-free of some illness for 24 hours?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

Yes. Then you are correct and the daycare provider is in breach of her contract with you. She had an obligation pursuant to the contract to allow your children back into the home for care once they were symptom-free for 24 hours. As such, she cannot now say the contract still applies and that you need to provide notice before removing your children when she has breached the contract. Breaching the contract has ended it.

I suggest you tell her this and threatening a lawsuit if she doesn't agree.

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