Can I sue or be sued if I’m under 19?
Last Reviewed:
Reviewed By:

If under 19, you cannot start or defend a lawsuit on your own.
You must have a “litigation guardian”. A litigation guardian could be your mom or dad or it could be another adult who lives in BC. If your case is in Small Claims Court and involves personal injury, the litigation guardian must be represented by a lawyer.
Sometimes the litigation guardian is the Public Guardian and Trustee. The Public Guardian and Trustee is appointed by the government to help protect your legal and financial interests.
If you are sued, you must have a litigation guardian (an adult who helps you). If your parents receive the court documents they must act as your litigation guardian and should file the proper documents in court to respond to the lawsuit. If they don’t, contact the Public Guardian and Trustee.
Personal injury settlements have to be approved
If you are offered money to settle a lawsuit that involves an injury to you that resulted from someone’s negligence, either the Public Guardian (if the settlement is $50,000 or less) or the court (if the settlement is more than $50,000) must approve the settlement.

There are special time limits for minors starting a claim
Usually someone has two years from the time they “discovered” the problem to start a lawsuit. Minors usually have 2 years from when they turn 19 to start a claim. There are exceptions! It’s important to talk to someone like a lawyer if you are thinking of suing so you don’t miss the time limit. If you don’t file your lawsuit before the time limit is up you could lose your right to sue!


Hot Tip
There is no time limit on suing for sexual assault. There is no time limit for suing for assault or battery if you were a minor at the time or were financially, emotionally or physically dependent on the person who hurt you? A person can sue their abuser at any time.
What Rights and Responsibilities Do I have at the Age...
International Rights of the Child
UN Convention on the Right of the Child that apply to you up until you are 18. All children have the right
- Not to be discriminated against
- To live, be safe and develop to your fullest potential
- To have a voice heard and respected in decisions that impact you
- To have adults make decisions about you that are in your best interest
Dig deeper in Kids have rights!
Have a Voice
Adults making decisions about you should take your views seriously, even if they might not always be able to do exactly what you want.
This right becomes especially important if your parents are separating or you are in the government’s care. You have the right to express your views on things that impact your life. See Your Rights in Care: What You Need to Know and Dealing with Your Parents’ Separation or Divorce.
Register for List of Future Votes
The minimum age Canadian citizens can vote in municipal, provincial or federal elections is 18. If you are 16 or 17 you can register on the List of Future Voters which will automatically register you to vote when you turn 18. You can learn more about registering to the Future Voter list at Elections BC.