Child Injury Claims in Ontario: Information for Parents

The deadline works differently for children

Several features of the Act affect how that works in practice:

• The pause is tied to the lack of a litigation guardian. Once a litigation guardian acts for the child on the claim, s. 6 no longer applies, and s. 8 treats the guardian as the person with the claim when the discovery rules in s. 5 are applied.
• A potential defendant can ask for a guardian to be appointed. Section 9 allows a potential defendant, while time is postponed under s. 6 or s. 7, to ask a court to name a guardian for the potential plaintiff. If a judge makes the appointment on that basis and the conditions in s. 9(3) are satisfied, the postponement ends, although s. 9(4) adds further rules about when the period can expire afterwards.
• There is also a 15-year outer limit. Section 15(2) sets a cut-off of 15 years from the act or omission behind the claim, and s. 15(4)(b) stops that clock for a minor who has no litigation guardian.
• Other time limits can apply. For example, s. 44(10) of the Municipal Act, 2001 calls for written notice of a claim about a road or bridge in disrepair within 10 days after the injury, while s. 44(12) lets a judge excuse missing or inadequate notice where the delay has a reasonable excuse and the municipality suffers no prejudice in its defence. For the City of Toronto, the comparable provisions are in s. 42(6) and (8) of the City of Toronto Act, 2006. The Limitations Act pause says nothing about that notice rule. For more on such notice rules, see the guide to slip and fall claims in Ontario.

A parent's own claim is separate. Section 6 is about a claimant who is a minor, so it addresses the child's claim. Time limits for a parent's claim should be confirmed with a lawyer immediately.

Practical matters such as witness memory, video footage, and changes to the scene can also affect how a claim is proved over time, which is a reason lawyers often discuss the facts early even where a limitation period is paused.

Who brings the claim

Under Rule 1.03 of the Rules of Civil Procedure, a minor is a person under "disability". Under Rule 7.01(1), such a party sues or defends through a litigation guardian, unless a court order or statute provides differently.

The Rules set several requirements for the litigation guardian:

• Rule 7.01(4) requires the guardian to look after the child's interests carefully and take whatever steps are needed to protect them.
• Rule 7.01(5) says that, apart from the Children's Lawyer or the Public Guardian and Trustee, a guardian has a lawyer and gives that lawyer instructions.
• Rule 7.02(3) lets another person who is not under disability act without a court order where no one is authorized under Rule 7.02(2), but only from the start of the proceeding and with the required filings. Rule 7.03.1 covers appointment by the court.
• Rule 7.02(6) requires an affidavit in which the guardian, among other things, confirms having no conflicting interest in the case and acknowledges being told they may personally owe any costs awarded against them or the child.
• Under Rule 7.06(1)(a), if a minor reaches the age of majority during a proceeding, the minor or the guardian may file an affidavit saying so and obtain a registrar's order that lets the young person carry on without the guardian.

Where a parent also has a claim of their own, for example under s. 61 of the Family Law Act, which lets listed family members recover financial loss resulting from a person's injury, that is a separate claim. The potential for competing interests is something a lawyer will look at early.

A judge must approve any settlement

Under Rule 7.08(1), a settlement involving a person under disability does not bind that person unless a judge approves it, and this applies even if no lawsuit has been started. Where the deal is reached before any proceeding exists, Rule 7.08(3) routes the approval request through an application.

The process generally looks like this:

1. A motion or application seeks approval. Rule 7.08(3.1) permits the litigation guardian to bring it without notifying the other parties.
2. A record is filed. Rule 7.08(4) sets out what goes in it, including the guardian's affidavit explaining the reasons for the settlement, an affidavit from the guardian's lawyer giving the lawyer's position, the draft minutes of settlement and, if the child is over sixteen, written consent from the child (a judge can order otherwise).
3. Rule 7.08(4.4) says the request is decided on paper, with no one attending, unless a judge directs a different approach.
4. Rule 7.08(5) lets the judge send the material to the Children's Lawyer and ask for a written report on any objections and recommendations.

Fees are also supervised. If a lawyer and a litigation guardian sign a contingency fee agreement for a person under disability, s. 6 of O. Reg. 563/20 (under the Solicitors Act) has the lawyer either seek a judge's approval before finalizing it or put it before the court with the Rule 7.08 motion.

Since an unapproved deal does not bind the child, a lawyer can explain how an early insurer offer fits into this process.

Money payable to a minor. By default, Rule 7.09(1.1) directs money owed to a minor through an order or settlement into court, though the court can order otherwise after considering the laws that rule lists. Rule 72.03(7) then describes how a person who has come of age can have money held in court released: a written request plus an affidavit proving identity and age, filed with the Accountant. Any earlier release depends on the court's order and should be confirmed with a lawyer.

Why valuing a child's claim can be different

The Rules and statutes do not set out how a child's damages are calculated, so these are general questions that a lawyer and the court may consider rather than rules:

• Future earning capacity has no work history to rely on, so the evidence available is different from that for an adult.
• Some injuries may change over time. The effects of an injury to a developing child may not be clear right away, and medical opinion on the outlook can change.
• Future care may be a significant item in a serious case, because it may be needed over a long period.

Whether and when to settle is a decision that depends on the medical evidence and the circumstances, and any settlement would still need approval under Rule 7.08.

Where children's claims arise

• Motor vehicle collisions, for example as passengers, pedestrians and cyclists. Accident benefits are a separate process, covered in the guide explaining Ontario accident benefits. Amendments in O. Reg. 383/24 make some SABS benefits (Parts II, IV, V and VI) optional for policies entered into or renewed from July 1, 2026, so the policy wording matters.
• School and daycare, such as supervision, playground equipment or known hazards.
• Sports and recreation, including equipment and any waiver a parent signed. Whether a waiver affects a child's own claim depends on the facts and should be reviewed by a lawyer.
• Occupiers' liability, for example pools, apartment common areas, stairwells and stores, under the Occupiers' Liability Act.
• Dog bites. Section 2(1) of the Dog Owners' Liability Act makes a dog's owner liable for damages caused by the dog's bite or attack on a person. Under s. 2(3), that liability does not turn on what the owner knew about the dog or on any owner fault, although damages are reduced to reflect any fault of the plaintiff.
• Product defects, such as car seats, toys or furniture.

What a lawyer will usually look at, and what to gather

A lawyer asked about a child's injury will typically want to know about the following, and it is common to collect these early:

1. Medical records and the treatment so far, including an accurate account of how the injury happened.
2. Photographs of the scene, the hazard and any visible injuries.
3. Notes on the child's symptoms over time, such as sleep, headaches, mood and school performance.
4. School records and any written accommodations.
5. Any letters, forms or offers received from an insurer.
6. Names and contact details of witnesses.

Whether to sign anything, give a statement or post about the incident online is a question a lawyer can advise on. A lawyer can also advise about timing for the child's claim and for any claim of the parent's own.