Who can Start a Lawsuit? Who can be Sued?
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April 25, 2018Who can start a lawsuit?
To put it simply, anyone in Ontario can start a lawsuit. This would include, corporations, individuals, governments and organizations.
If you are under the age of 18, you are considered a minor. Therefore, some special rules apply. Minors are only allowed to represent themselves in Small Claims Court if they are plaintiffs and the amount of the claim is less than $500.00. If you are a minor and a plaintiff in a lawsuit where the damages claimed exceed $500.00, or if you are a defendant in any lawsuit, you will need someone to represent you. By represent you, I do not mean a lawyer or legal representative, I mean a litigation guardian.
A litigation guardian is someone who acts on behalf of a minor or mentally incapable person in the litigation. A litigation guardian is empowered and given the authority to make decisions on behalf of the minor or mentally incapable person with respect to the litigation.
A litigation guardian can be anyone who is capable of suing on their own and who is not involved with the parties on the other side of the case (i.e. someone who does not have an interest adverse to the minor or mentally incapable person).
It is common for a litigation guardian to be a relative or parent of the minor or incompetent person.
Essentially, the litigation guardian is there to make decisions about the lawsuit and can be held responsible to pay for costs of litigation.
Who can be sued?
A civil lawsuit can be brought against a person, business, organization or even a government that has caused you injury or financial loss. In cases of negligence, anyone can be sued, including a minor.
Special rules and time-frames for starting the lawsuit exist therefore it is important to consult a lawyer or legal professional prior to commencing litigation.
