Clients Under 18 Policy

Purpose

In Ontario, a person becomes an adult at 18. Young people can still have legal problems of their own, such as a traffic ticket or money they are owed, and the law has special rules for them. This policy explains how NEO works with clients under 18 and with the adults who support them.

Who it applies to

Anyone under 18 who asks us for help, and the parents, guardians and other adults who come to us with them. An adult helping a young person should also read our Family Members, Friends and Support Persons Policy.

Our policy

1. The young person is our client. When the matter is the young person's own, such as their ticket or their claim, we act for them and in their interests, even when a parent or guardian pays or signs.
2. We listen to the young person. We explain things in a way that suits their age and understanding, and we give them the chance to speak with us on their own, so we know what they want.
3. An adult may sign with them. A contract with someone under 18 may not be enforceable against them. Before we act for a young person, we may ask a parent or guardian to sign our retainer agreement with them and to take responsibility for our fees, for example by signing a personal guarantee. We recommend that anyone giving a guarantee get independent legal advice first.
4. Paying doesn't mean deciding. Unless they are the young person's litigation guardian (see below), a parent or guardian who pays our account doesn't give us instructions. Nor do they receive the young person's confidential information without the young person's agreement, as our Third-Party Payers Policy explains.
5. Identity. We identify and verify the young person, and the adult who signs with them, under our Client Identification and Verification Policy.

Court cases and litigation guardians

• In Small Claims Court, a person under 18 who is sued, or who sues for more than $500, must have a litigation guardian: an adult, often a parent, who conducts the case for them. A young person may sue for $500 or less on their own.
• A litigation guardian must act in the young person's best interests. The role carries responsibilities, which can include paying costs the court orders, so we explain them before anyone agrees to act.
• We take instructions in the case from the litigation guardian. If we believe an instruction is not in the young person's interests, we say so, and we follow the court's rules, which may mean asking the court for directions.
• A settlement of a young person's claim needs the court's approval, and money payable to them is generally paid into court, then paid out as the court orders.
• Tribunals have their own rules about young people and who may act for them, and we follow them.

Traffic tickets and other provincial offences

• People who are 16 or 17 are treated as adults under the Provincial Offences Act, so the usual process and penalties apply.
• Part VI of the Act has special rules for young persons: people charged with an offence alleged to have been committed when they were 12 to 15. For example, a parent is normally given notice of the charge, and different penalties apply.
• No one can be convicted of a provincial offence committed while they were under 12.
• A conviction can affect a young driver's licence and insurance for years, so we explain the consequences before the young person decides how to respond to a charge.

Deadlines

Some time limits don't run while a person is under 18 and has no litigation guardian for the claim, but many others do, including the time to respond to a ticket or a claim. We check every deadline on the file, and you should never assume that one is paused. See our Deadlines and Limitation Periods Policy.

Safety and confidentiality

• What a young client tells us is confidential, as it is for any client, under our Confidentiality Policy.
• If we have reason to believe a young person may be at risk of harm, we follow the law, including any duty to report, and the Paralegal Rules of Conduct. See our Clients at Risk of Violence Policy.

Matters we refer

Child protection, parenting and most other family law matters are outside a paralegal's scope, as our Scope of Paralegal Practice Policy explains. We refer them to a lawyer.

Review

This policy is reviewed at least once a year, and whenever the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.