Defendant under 18 Years of Age

K.B. v. Toronto District School Board, 2006 CanLII 14411 (ON SCDC)

[17] Pursuant to s. 266(2), an Ontario student record (known as an OSR) is "privileged for the information and use of supervisory officers and the principal and teachers of the school for the improvement of instruction of the pupil".

Rule 4 Parties Under Disability

4.01 (1) An action by a person under disability shall be commenced or continued by a litigation guardian, subject to subrule (2).

Exception

(2) A minor may sue for any sum not exceeding $500 as if he or she were of full age.

4.02 (1) An action against a person under disability shall be defended by a litigation guardian.

(2) A defendant’s litigation guardian shall file with the defence a consent (Form 4A) in which the litigation guardian,

(a) states the nature of the disability;

(b) in the case of a minor, states the minor’s birth date;

(c) sets out his or her relationship, if any, to the person under disability;

(d) states that he or she has no interest in the proceeding contrary to that of the person under disability; and

(e) states whether he or she is represented by a representative and, if so, gives that person’s name and confirms that the person has written authority to act in the proceeding.

(3) If it appears to the court that a defendant is a person under disability and the defendant does not have a litigation guardian the court may, after notice to the proposed litigation guardian, appoint as litigation guardian for the defendant any person who has no interest in the action contrary to that of the defendant.

4.06 If an action has been brought against a person under disability and the action has not been defended by a litigation guardian, the court may set aside the noting of default or any judgment against the person under disability on such terms as are just, and may set aside any step that has been taken to enforce the judgment.