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Ontario|Small Claims CourtGeneral Information 538 Minors: Under 18 years of age If you are under the age of 18 you are considered a minor. Minors are only allowed to represent themselves in Small Claims Court when they are plaintiffs and the amount of the claim is less than $500. If you are a minor and you are a plaintiff in a lawsuit where the claim is for more than $500, or if you are a defendant in any lawsuit, you will need to have someone represent you. This person is called your Litigation Guardian.
- Who can be a litigation guardian and how do they become one?
A litigation guardian can be anyone who is capable of suing on their own and who is not involved with people on the other side of the case. Usually a litigation guardian is a relative or parent of the minor. To become a litigation guardian, the individual must first fill out a special form available at the Small Claims Court office.
- The role of the litigation guardian
Being a litigation guardian is a very responsible role. The litigation guardian is there to make decisions about the lawsuit for the minor. In Small Claims Court, the litigation guardian can represent the minor, and can negotiate with the other side on behalf of the minor. However, the litigation guardian does not have the right to settle the matter without going to court first to have a judge approve the settlement agreement. A litigation guardian may also be personally responsible for any legal costs of the lawsuit.
If you are a minor and you do not have someone to be your litigation guardian, you should contact the Office of the Children's Lawyer listed in the Blue pages of your telephone book.
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