Ability to take legal action

People who are not able to fully exercise their rights because of their age or capacity cannot take legal action. The person must be represented, assisted or authorized to act in the way established by law, depending on the person’s status and capacity.

For example, a minor child cannot institute proceedings at the Small Claims Division without being represented.

Laws governing the ability to take legal action

In general, the laws governing incapacity and the rules for representing incapable persons are found in the Code of Civil Procedure and related laws such as the Act Respecting the Protection of Persons Whose Mental State Presents a Danger to Themselves or to Others or the Public Curator Act.

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