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Basic RightsCan I sue or be sued if I’m under 19?
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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.