Question regarding termination of daycare contract

Ontario is almost the only province that doesn't have the 2 under 2 or even stricter limits. So this applies to pretty much every province that it is hard when it is an older child that is leaving and the provider will be limited by the age mix left in care. Soon people in Ontario will be in the same boat as other provinces.

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Originally Posted by Suzie_Homemaker

Three parent on this thread questioning their contract. Moral of this is to READ your contracts and make sure you understand them. Whether or not you agree with the terms, is irrelevant once it is signed and these contract is enforceable in law courts.

It doesn't matter if your opinion is that it is unfair. Provider has added clause because she views the alternative as unfair. Once you have signed the contract, as with any contract, you are indicating agreement to the content.

Your chance to object to it, is before signing not after, when you had the advantage of carer honoring their terms.

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I fully read my contract before signing... The issue here, is that the contract is not clear, so it was very much a surprise to be told that I need to pay her for her vacation that has not been taken this year. Like someone else in the thread mentioned, the contract should refer to accrued vacation, and not just say that she is 'entitled to 2wks paid vacation per year'.

And no, the issue would not be because of my daughters age... When we first started with this daycare in September, I was up front and honest about the fact that we would only be needing her services from Sept until the summer (and I gave MORE than enough notice as to when we were leaving), as my daughter is starting school this September... I was very honest about everything, and feel taken advantage of, to be honest.

I have tried speaking to her about it, to let her know that what she is asking is not really in her contract, to see if we can come to a compromise, but it doesn't look like that is happening... guess I am out $328! :(

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Originally Posted by LisaS

I fully read my contract before signing... The issue here, is that the contract is not clear, so it was very much a surprise to be told that I need to pay her for her vacation that has not been taken this year. Like someone else in the thread mentioned, the contract should refer to accrued vacation, and not just say that she is 'entitled to 2wks paid vacation per year'.

And no, the issue would not be because of my daughters age... When we first started with this daycare in September, I was up front and honest about the fact that we would only be needing her services from Sept until the summer (and I gave MORE than enough notice as to when we were leaving), as my daughter is starting school this September... I was very honest about everything, and feel taken advantage of, to be honest.

I have tried speaking to her about it, to let her know that what she is asking is not really in her contract, to see if we can come to a compromise, but it doesn't look like that is happening... guess I am out $328! :(

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I think that my point. In your situation, I would have made sure contact edited to reflect that care was only from Sept to Summer and also that a max of 2 weeks vacation over the whole contract would be owed vs risk two weeks per calendar year.

Any specific arrangement should always be reflected in contract and for own protection we all have to make sure it is, regardless of day care or any other service of contracting.

What if you just not pay her? What if you let her take you to court - maybe you able to argue your case that it her contract that at issue for not being clear?

Do you have any e-mail or written correspondence from beginning showing you told her only 12 month care needed and then able to show her contract not edited with full information?

From my understand, Small Claim court is less formal and so if Judge think your contact unfair or unclear they have some flexibility to rule against her.

If you willing to brazen it out and not pay, and see if she take you to court, it might be option.

I would take client to court for non-payment but only if I really, really sure I would win and not end up paying costs and losing money. I think if she files, you get chance to settle before court if you worried about credit rating being affected by Judgement.