Personal Injury Claims for Minors in Ontario: Understanding the Legal Process

Sadly, minors are not immune from personal injury. However, as individuals under the age of 18, they do not have the legal authority to bring a personal injury claim themselves. When a child is injured due to another party's negligence, how does the legal system handle their claim? Below, our personal injury lawyers break down the unique procedural requirements for personal injury claims involving minors in Ontario. 

The Legal Definition of a Minor in Ontario

In Ontario, a "minor" is defined as anyone under the age of 18. Since minors cannot bring a personal injury claim on their own, the law allows for a claim to be filed on their behalf by a responsible adult acting as a "litigation guardian."

The Role of a Litigation Guardian

A litigation guardian is usually a parent or close family member who is appointed to act in the minor’s best interests. Their responsibilities include:

• Taking all necessary legal steps on behalf of the minor.
• Ensuring the claim is handled in a manner that protects the minor’s rights.
• Representing the minor’s interests in all legal proceedings.

How to Become a Litigation Guardian?

A litigation guardian does not need to apply to the court to assume their role. Instead, they must submit an affidavit confirming the following:

• They consent to act as a litigation guardian.
• They authorize our personal injury lawyers to represent the minor.
• They do not have any conflicting interests with the minor.
• They understand they are personally responsible for any legal costs awarded against them or the minor.

What Happens When a Minor Turns 18?

If a minor reaches the age of majority (18) before their personal injury claim is resolved, they can choose to continue the claim independently. In such cases, either the litigation guardian or the minor can file an affidavit requesting that the litigation guardian be removed, allowing the minor to take control of the legal proceedings.

Limitation Periods for Personal Injury Claims Involving Minors

Under Ontario’s Limitations Act, 2002, the standard limitation period for personal injury claims is two years. However, for minors, this period does not begin until:

1. They turn 18, or
2. A litigation guardian is appointed to represent them.

This means that minors have additional time to pursue a claim, ensuring they have the opportunity to seek compensation once they reach adulthood if necessary.

Court Approval for Personal Injury Settlements Involving Minors

Unlike settlements for adult plaintiffs, settlements involving minors require court approval. This ensures that the settlement is fair, in the minor’s best interests, and that the compensation will be handled appropriately.

Court Approval Process

• The litigation guardian, with the assistance of our personal injury lawyers, must submit an application to the court.
• The court will assess whether the settlement amount is fair and reasonable.
• The court will also decide how the funds should be handled, often requiring that the settlement proceeds be held in trust until the minor turns 18.
• In some cases, funds may be released earlier for medical or other necessary expenses.

The Office of the Children’s Lawyer may be involved in reviewing the settlement to ensure it is in the minor’s best interests.

Final Thoughts on Personal Injury Claims for Minors

Personal injury claims involving minors are complex and require careful consideration of legal procedures and long-term consequences. If your child has been injured due to another party’s negligence, consulting with our personal injury lawyers can help ensure the claim is handled properly, protecting your child’s future and securing the compensation they need to recover.

Our team at Boland Romaine child injury lawyers is here to guide you through every step of the process, from appointing a litigation guardian to obtaining court approval for a fair settlement. Contact us today to discuss your child’s case and learn how we can help.