Understanding Child Injury Claims in Ontario

Child injury claims in Ontario follow different legal rules than adult claims. Children need a litigation guardian, settlements require court approval, and limitation periods can work differently, all designed to protect your child’s interests. A personal injury lawyer Ontario families trust to have handled these cases for decades can walk you through each step.

Are Personal Injury Claims for Children Different?

Yes. Personal injury claims for children in Ontario operate under different rules than adult claims. Because children cannot legally represent themselves in litigation, the legal process is specifically designed to protect their interests at every stage.

Two key differences set child injury claims apart from adult claims: first, a litigation guardian must be appointed to act on the child’s behalf, and second, any settlement must be approved by a court before it becomes binding. These aren’t procedural obstacles. They are built in safeguards that exist precisely because children are vulnerable. Understanding both differences puts parents in a stronger position from the very first call with a lawyer.

Common Types of Child Injury Claims

If your child was hurt because someone else failed to maintain a safe environment or sold a faulty product, a claim may be possible. Child injury claims arise across a wide range of situations. The most common include:

• Playground and school accidents involving unsafe equipment or supervision failures
• Road and pedestrian accidents involving vehicles or cyclists
• Defective products and child injury, including dangerous toys or faulty equipment
• Slip and fall incidents on unsafe premises
• Sports related injuries caused by third party negligence
• Child head injury claims, among the most serious cases

Falls are consistently one of the leading causes of injury related hospitalization among Canadian children, and head injuries can carry consequences that follow a child for years. That is why these cases demand careful, experienced handling, whatever the underlying cause.

The Role of a Litigation Guardian in Child Injury Claims

Because children cannot legally represent themselves, child injury claims require a litigation guardian, typically a parent or legal guardian, to act on the child’s behalf. Think of the litigation guardian as the child’s official legal voice in court proceedings.

A litigation guardian carries real responsibilities: making procedural decisions, instructing counsel, and acting in the child’s best interests at all times. Courts take a hands on approach in children’s injury claims to ensure the guardian is truly serving the child. In some cases, that oversight matters significantly. For example, if a parent’s own negligence contributed to the child’s injury, that parent cannot objectively serve as litigation guardian. In those situations, the court will typically require an independent litigation guardian to ensure the child’s interests are protected without compromise.

How Settlements for Child Injuries Are Handled

Unlike adult claims, any settlement reached in a personal injury claim for children must be approved by a judge before it becomes binding. The court’s role is to ensure the settlement genuinely serves the child’s best interests, not the convenience of the adults involved. Think of the judge as a financial trustee, making sure the child isn’t shortchanged.

Once approved, funds are typically held in trust until the child reaches adulthood, ensuring the money is available when needed most. This matters especially in child head injury claims, which experienced lawyers structure to account for long term impacts: future educational costs, developmental needs, and quality of life projections. A head injury at age seven can affect a child for decades, and the settlement must reflect that reality. Our team’s experience with catastrophic injury claims shapes how we approach these cases.

Understanding how courts calculate these figures matters. Read our guide on calculating pain and suffering damages for more detail.

How Long Do You Have to File a Child Injury Claim?

This is where many parents get the rules wrong, and it matters. Under section 6 of Ontario’s Limitations Act, 2002, the standard two year limitation period does not run while a child is a minor and unrepresented by a litigation guardian.

In practice, that means the clock genuinely stays paused only for as long as no litigation guardian has been appointed and no claim has been started. As soon as a parent or guardian is appointed as litigation guardian and a claim is commenced, the two year period begins running immediately, even if the child is still years away from turning 18. Waiting until a child turns 18 is not a safe assumption once a litigation guardian is in place.

Evidence also fades, witnesses become harder to locate, and medical documentation is strongest when gathered close to the injury event. Parents should consult a lawyer as soon as possible after the injury occurs, both to protect evidence and to understand exactly when their child’s clock starts running.

Tell Us Your Story

Oatley Vigmond has been recognized by Canadian Lawyer magazine as a Top Personal Injury Law Firm for 15 consecutive years. If your child was injured due to someone else’s negligence, our personal injury lawyers can walk you through every step of the claims process, so you can focus on your child’s recovery. Tell us your story today.

FAQs about Personal Injury Claims for Children

Can a child sue for personal injury in Ontario?

Not directly. A minor cannot start or conduct a lawsuit on their own behalf. Instead, an adult, usually a parent or guardian, must be appointed as litigation guardian to bring the claim and make decisions on the child’s behalf throughout the process.

Who can act as a litigation guardian for a child’s injury claim?

Typically a parent or legal guardian, provided they have no conflict of interest with the child’s claim. If the parent’s own conduct contributed to the injury, or another conflict exists, the court can appoint an independent litigation guardian instead.

Does a settlement for a child’s injury claim need court approval?

Yes. No settlement involving a minor is legally binding in Ontario until a judge reviews and approves it. This protects the child from an agreement that favours the convenience of the adults involved over the child’s actual best interests.

How long do parents have to file a personal injury claim for a child in Ontario?

The standard two year limitation period is paused only while the child remains unrepresented by a litigation guardian. Once a litigation guardian is appointed and a claim is commenced, the two year clock starts running right away, so it’s a mistake to assume there’s no urgency just because the child is still a minor.