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Can a Child Be Liable in Ontario?

Children tend to be viewed differently than adults in the eyes of the law. Kids are generally seen as more innocent and less accountable for their actions. Does that mean a child is not legally responsible for negligent conduct or criminal acts? The answers may surprise you. In today’s article, our criminal and personal injury lawyers will discuss children’s liability in Ontario.


Who is a “child” in the eyes of the law?

child liability in ontario

From a legal perspective, the age of majority is the point at which a child becomes an adult. In Ontario, 18 is the age of majority, so any person under the age of 18 is considered a minor. We’ll use the terms child and minor interchangeably in this article.

There are special considerations for legal matters involving minors. For example, a minor can’t sign legal documents, and certain types of contracts aren’t enforceable against a minor.


Personal injury lawsuits when a minor is injured

There are special considerations in personal injury claims when minors are injured by someone else’s fault or negligence (e.g. a child hit by a car; a child injured in a slip and fall accident). A minor can’t bring a personal injury claim on his or her own behalf in Ontario. The minor’s parent or another adult must be appointed as “litigation guardian” to handle the lawsuit, or the child must wait until they reach the age of majority and commence the lawsuit in their own name within two years of the 18th birthday.


Can a child be liable for negligence?

It is possible for a child to be liable for negligence. There are two ways a child may be held responsible for their own negligence. The first is contributory negligence, which can arise in situations where a child is injured by someone else’s fault or negligence and a personal injury lawsuit is commenced on behalf of the child. The defendant named in the child’s lawsuit may allege that the child’s own negligence caused or contributed to their loss or damage, either in whole or in part.


Take the example above of a child pedestrian hit by a car. The defendant driver may allege that the child failed to look both ways before running into the street, and as such bears some responsibility for the accident and resulting injuries. If the defendant proves that the child’s own negligence contributed to the accident or the injuries suffered, damages will be reduced by the percentage of fault assigned to the child.

Now let’s talk about the second way a child can be held liable for negligence: when the child’s negligence causes injury to another person or damage to another person’s property. For example, a 17-year-old driver who runs a red light and causes a motor vehicle accident that hurts another driver can be sued by the injured person and bear civil responsibility for their negligence.


Are children held to the same standard as adults in a lawsuit?

Ontario courts recognize that children—especially younger children—have less experience than adults and that children lack the judgement of adults. As such, civil lawsuits involving children require consideration of two issues:

  1. The first issue is whether the child is capable of being negligent, based on that child’s age, intelligence, experience, etc. Generally speaking, a very young child (e.g. a 4- or 5-year-old) is seen to lack insight and may be immune from liability for negligence because of their age, but there is no set age for this. Each claim must be analyzed on a case-by-case basis.

  2. If the court determines that the child is capable of negligence, the second issue is whether the child exercised the level of care expected of a child of similar age, intelligence, experience, etc. That means the reasonableness of the child’s behaviour must be compared with what would be expected of a similar child—not what would be expected of an adult. A finding of contributory negligence or civil responsibility for harm to others can be made if the child’s acts or omissions fell below what would be expected when compared to the objective standard of a reasonable child of similar age, etc.


A caveat must be mentioned in relation to older children. An older child who is engaging in an “adult activity” such as driving a car is more likely to be held to the standard of a reasonable adult, with no special treatment. There is no bright line at which the special considerations for child liability cease to apply, but the closer the child is to the age of majority and the more “adult” the activity, the less likely the child will be given special consideration.


Can a child be liable for a crime in Ontario?

The answer depends on the child’s age. Canada’s Criminal Code specifically states that a child under the age of 12 can’t be held criminally accountable. However, a child between the ages of 12 and 18 can be charged and sentenced upon conviction under Canada’s Youth Criminal Justice Act. In serious cases, a youth charged under the Youth Criminal Justice Act can be sentenced as an adult and face the same penalties as an adult under the Criminal Code. We encourage you to reach out to our experienced criminal lawyers for advice if you are a youth who has been charged, or a parent whose child has been charged.


Can a parent be held liable for their child’s conduct?

It’s possible for a parent to be held liable for certain conduct of their child. For example, in Ontario, the Parental Responsibility Act creates the potential for a child’s parent to be liable for damages and economic losses resulting from certain wrongful acts such as theft or nuisance. The child’s parent can be sued in Small Claims Court and ordered to pay damages up to that court’s monetary limit ($35,000 at the time of writing) if their child takes, damages, or destroys another person’s property.


The full extent of potential parental responsibility for children in civil lawsuits and criminal cases is outside the scope of this article. Please contact our personal injury lawyers or criminal lawyers for customized advice and guidance.


Need advice from our criminal lawyers or personal injury lawyers?

Child liability in Ontario is a complex issue. Whatever legal issue you’re facing, you don’t have to navigate it alone. Kelly Greenway Bruce is a full-service law firm with extensive experience in both personal injury matters and criminal proceedings. From our offices in Oshawa and Lindsay, we provide prompt and reliable legal advice to clients in Durham Region, including Ajax and Whitby.


Book a free consultation with us to discuss your case today.

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