Can You Sue a Minor in Canada: Lawsuits Involving Persons Under 18 Years of Age

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In Canada, people under 18 years of age are considered minors. Generally, when someone is under 18 years of old cannot file for a personal injury case. So, anyone who is under 18 years of old requires an adult to file an individual injury case.

However, some legal representatives can also file a personal injury case on behalf of a minor in some cases. So let’s know whether you can sue a minor (i.e. anyone under 18 years of old) in Canada. Or how to do it.

Can You Sue a Minor in Canada?

In simple words, anyone who is under 18 years of age can be considered a minor in Canada. Now you may wonder whether a minor can bring any personal injury lawsuit or not.

Generally, anyone under 18 years of old can sue or be sued. But they cannot bring any lawsuit by themselves. Instead, they may need legal litigation representation to bring the case.

There are some exceptional cases where a minor can bring a lawsuit independently. When a minor has a spouse or any adult partner, they can bring the lawsuit themselves. But these types of cases are scarce and atypical in the practical scene.

Now the question is can you sue a minor? The answer is yes; you can sue an emancipated minor. It is legal to sue a minor for damaging any of your property or any other personal injury case.

Can You Sue a Child?

Often time, children are also considered minors. You usually cannot sue a child for damages. But if you sue a child for any personal injury claim, the court action will be instituted against the child’s litigation guardian.

In such cases, the children’s legal guardian will be the respondent on the child’s behalf. So, usually, any young person under 18 years of old requires the assistance of an adult person to begin a lawsuit. And that person is called the litigation guardian according to the supreme court and small claims court rules.

What Types of Right 16 Years of Old Gets in Canada?

As long as someone is 16 years old in Canada, they are entitled to certain rights. Sometimes, those legal rights are also known as legal responsibilities. So, when someone is 15 years old, they will get the following right or obligations:

  • They will be able to write their own will and interest
  • They can marry with the permission of their legal parents
  • They can apply for their passport
  • They can register to vote
  • They can avail a driving license with the permission of their parents.
  • They have the right to decide to plan their future
  • They have the right to be treated well.

When someone is 16 years old in Canada, usually they do not have permission to do everything that an adult. However, they can make their own decisions that their parents cannot object to in terms of decision-making. In some cases, they also may require parental consent to do certain things.

How Much Does a Civil Lawsuit Cost?

Usually, the cost of a civil lawsuit will depend on a particular case. All cases are different than others. So, it is tough to estimate the exact amount of cost of a civil lawsuit. But there is some common cost to initiating a civil lawsuit.

The common costs may include the lawyer costs, fees for the statement of claim, etc. But there is an average cost for a civil lawsuit in Canada.

Typically, a civil lawsuit can cost around $1,500 to $5,000, depending on a particular case. If your case is a complicated one and requires a lot of expert assistance, in such cases, you may need to pay more than the regular.

Who Can Initiate a Lawsuit in Canada?

In Canada, anyone can initiate a lawsuit. Anyone who is more than 18 years old can file a case in Canada. But if someone is under 18 years old, they will be considered a minor in the context of Canada.

Other than that, any businesses, organizations, or individuals have the right to start a lawsuit in Canada.

How Can a Professional Lawyer Help You?

When you need to initiate a lawsuit against anyone, you need to undergo some legal procedures. And most importantly, if you need to sue a minor in Canada, it is vital to know the rules and laws before initiating a lawsuit.

Following the wrong procedures may lead to harmful consequences. That is why it is wise to seek help from a professional lawyer. The best part of seeking help from a lawyer is that they can guide you through the legal procedures. As a result, the entire process will seem very simple to you.

Bottom Line:

So we can say anyone before 18 years old is not capable of initiating a lawsuit. But in some cases, a minor can also sue or be sued. But that has to be through a legal representative on their behalf.

You can also hire a professional lawyer service to assist you in this regard. By seeking help from a lawyer, you can also know all the rules and laws regarding this issue. Hopefully, this writing adequately answered your question, “Can you sue a minor in Canada.”



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