Defendant under 18 Years of Age

Case List (General Reference)

• [A.B. v. J.B. et al, 2019 BCCRT 975 (CanLII)]

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".

Definitions

1.02 (1) In these rules,

“court” means the Small Claims Court; (“tribunal”)

“disability”, where used in respect of a person or party, means that the person or party is,

(a) a minor,

(b) mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, whether the person or party has a guardian or not, or

(c) an absentee within the meaning of the Absentees Act; (“incapable”)

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.

Co-operators General Insurance Company v Jones, 2018 CanLII 3448 (ON SCSM)

18. Alternative service under rule 8.03(2), as was effected here, is only available to serve an “individual” as that subrule provides. But an “individual” and a “minor” are different classes of people for purposes of rule 8.02. Rule 8.03 provides no method of alternative service for minors. Therefore, the usual option for alternative service of a claim, under rule 8.01(1), is not available for minors. The only available method for personal service on a minor is that provided under subrule 8.02(i), reproduced above.