Civil Litigation, Estates and Trusts


Civil Litigation

What is a litigation guardian?

In a civil case, a child under the age of 18 cannot sue or be sued in his or her own name. One exception to this rule is in Small Claims Court cases for $500 or less.

A litigation guardian is an adult who makes decisions on behalf of a child in a court case.

A litigation guardian is authorized to take all steps that the child would be able to take in the proceeding if the child were an adult. See: Rules of Civil Procedure, rule 7.05(1).

A litigation guardian must protect the child’s interest and take all necessary steps to do so. See: Rules of Civil Procedure, rule 7.05(2).

A litigation guardian must be represented by a lawyer. See: Rules of Civil Procedure, rule 7.05(3)and15.01 (1).

My child is being sued in Small Claims Court. Does my child need a litigation guardian?

If the Small Claims Court claim is for an amount of $500 or less, a child does not need a litigation guardian to sue or to be sued.

If the Small Claims Court claim is for an amount between $501 and $25,000, a litigation guardian is required for a child.

In a Small Claims Court case a litigation guardian does not need to be represented by a lawyer.

However, in Small Claims Court the litigation guardian may be responsible to pay the legal costs awarded against a minor. You should speak with a lawyer before acting as a litigation guardian for a child.

In which types of civil litigation matters does the Children’s Lawyer become involved?

In a civil case, the Children’s Lawyer may be ordered by the court to act as litigation guardian for the child if there is no parent, guardian or other adult willing and able to continue the claim or defend the claim. The Children’s Lawyer is a litigation guardian of last resort.

The types of cases include personal injury actions such as motor vehicle accidents and medical malpractice cases.

The Children’s Lawyer also reviews proposed settlements of civil cases by or against children, but only if specifically asked to do so by a judge.

The Children’s Lawyer must be served with court applications for the appointment of a guardian of property under the Children’s Law Reform Act to manage a child’s money from a personal injury court case.

My child is being sued in the Superior Court of Justice. Can the Children’s Lawyer help?

The Children’s Lawyer is a litigation guardian of last resort.

You should consider whether you can be litigation guardian or if there are any other relatives or friends who can be the litigation guardian for your child. You may wish to discuss your options with a lawyer.

If you want to request the involvement of the Children’s Lawyer in the court case, you can send a letter to the Children’s Lawyer.

The Children’s Lawyer will want to know if any adult family members or friends would be suitable and able to act as litigation guardian for your child.

The Children’s Lawyer will respond to your request after reviewing the information which you provide.

I am suing a child. Can the Children’s Lawyer be appointed for a defendant child?

The court may make an order to appoint the Children’s Lawyer as litigation guardian for a defendant child who is under the age of 18.

If you want to ask the court to appoint the Children’s Lawyer as litigation guardian for a child, you must serve specific materials on the Children’s Lawyer. For a list of these materials, see Rules of Civil Procedure, rule 7.03(9)(10)).

My child is a plaintiff or defendant in a court case. Can I be the litigation guardian for my child?

If you want to act as a litigation guardian for a child who is plaintiff or applicant, you should speak with a lawyer. You will be required to prepare an affidavit and file an affidavit with the information required by the Rules of Civil Procedure. See: Rules of Civil Procedure, rule 7.02(2).

If you want to be the litigation guardian for a child who is a defendant or respondent, you must ask the court to appoint you as the litigation guardian. You should speak with a lawyer. See: Rules of Civil Procedure, rule 7.03(1)(4).

I want to act as my child’s litigation guardian. Will the Children’s Lawyer provide me with a lawyer?

No. If you are a litigation guardian the Children’s Lawyer is not able to provide you with a lawyer.

Estates and trust matters

In which types of Estates and Trust cases does the Children’s Lawyer become involved?

The Children’s Lawyer may act on behalf of children under the age of 18 in certain court cases where a child may have a right to receive money or property.

The child might be entitled to property if he or she is:

  • named as a beneficiary in a will or trust
  • named as a beneficiary of a life insurance policy or a registered plan
  • a beneficiary of an estate under the law because the deceased died without a will
  • the registered owner of a real property (usually land or a building), a bank account,etc.

The Children’s Lawyer must be served with a court application on behalf of a child under the age of 18 in the following types of cases:

The Children’s Lawyer also acts on behalf of children who have an interest in property in other situations. For example:

  • in a claim for support under the Succession Law Reform Act, the Children’s Lawyer should be served where:
  • If the case deals with the sale of real property (usually land and/or a building) which forms part of an estate, it may be necessary to obtain the approval of the Children’s Lawyer to sell the property.

For example, the Children’s Lawyer must approve the sale of the estate property if:

    • a child has an interest in the estate
    • there is no will or no power to sell the real property under the will
    • the property will be sold for the purpose of distribution to the beneficiaries, and;
    • the sale is not required to pay the debts of the deceased that existed at the time of the death. (see Estates Administration Act, s.17(2)(3)).

I am an Estate Trustee. Why did the Children’s Lawyer contact me about the estate?

You may have started a court application to ask the court to appoint you as the estate trustee. If there is a beneficiary of the estate who is under the age of 18, you are required to serve a notice of the court application on the Children’s Lawyer.

The court application is called an “Application for a Certificate of Appointment of Estate Trustee”. The notice form is called a “Notice of an Application for a Certificate of Appointment of Estate Trustee” (see: Rules of Civil Procedure, r. 74.04(4)(5) and 74.05(3), Form 74.7, Form 74.17).

The Children’s Lawyer may also become aware of an issue about an estate through other sources, such as other types of court applications.

Once the Children’s Lawyer has notice of a child’s interest in the estate, the Children’s Lawyer may follow up on the estate trustee’s management of the estate and ask to see the estate accounts.

Estate accounts are the records of the estate assets and all of the financial transactions conducted, including:

  • money received on behalf of the estate
  • payments made
  • investments.

An estate trustee is required to keep estate accounts (see Estates Act, s.48, 49, Rules of Civil Procedure, rule 74.17).

If the estate trustee does not respond to the Children’s Lawyer’s request for estate accounts, or if there are concerns with the accounts, the Children’s Lawyer may ask the court to make an order to require the estate trustee to provide the accounts and to pass the accounts. If the court grants such an order, the estate trustee must start a court application to ask a judge for approval of the accounts.

I am holding money for a child from a life insurance policy. Can I make payments using the life insurance money?

When a child is entitled to money from a life insurance policy, an adult may be named as the trustee of the policy proceeds.

A trustee should not make any payments from the money unless he or she has the power to use the money under the terms of a beneficiary designation, a will, a trust or a court order.

The trustee should get a copy of the actual beneficiary designation form from the insurance company which was signed by the deceased. These forms set out the terms of the trust for the trustee, if any. Some have terms which allow the trustee to make payments from the trust for the benefit of the child. If there are no terms set out in the designation, then the trustee is only allowed to hold and invest the funds in trust for the child, until she or he reaches a certain age.

The trustee may be responsible for any payments which he or she makes without the legal authority to do so. If you are a trustee, you may wish to talk to a lawyer about your rights to manage the money and to determine if you have the power to use the money for any purpose.

I am worried about how the Estate Trustee is dealing with the Estate. Will the Children’s Lawyer become involved?

You may wish to write to the estate trustee or the lawyer for the estate trustee about your concerns.

For situations in which the Children’s Lawyer may become involved, see: In which types of estates and trusts matters does the Children’s Lawyer become involved?

The Children’s Lawyer cannot represent a person who is 18 or older.

If you would like the Children’s Lawyer to consider the matter, you can write to the Office of the Children’s Lawyer. Your letter should include as much of the following information as possible:

  • deceased’s name
  • deceased’s date of death
  • deceased’s marital status
  • child’s name
  • child’s date of birth (with birth certificate or other supporting documents)
  • estate trustee’s name
  • estate trustee’s address, phone number and email address
  • estate trustee’s lawyer’s name and contact information
  • approximate value of the estate or trust
  • nature of property which the child is entitled to, such as share in the estate, real estate, life insurance, or other benefits
  • value of the property which the child is entitled to
  • a summary of the situation
  • a family tree
  • a copy of the will (if any)
  • a copy of any relevant documents. For example:
    • certificate of appointment of estate trustee
    • application for certificate of appointment of estate trustee
    • separation agreement
    • court orders
    • life insurance beneficiary designation forms
    • property valuations.

Can the Children’s Lawyer act as an Estate Trustee?

No. The Children’s Lawyer cannot act as an estate trustee because there is no legal authority to do so.

An estate trustee must be appointed by a will or by a court order through a court application for a certificate of appointment of estate trustee. The estate trustee is responsible for administering the estate. If there is no individual willing and able to act as an estate trustee, the Public Guardian and Trustee may act as estate trustee in certain circumstances.

How can I find out if my child is a beneficiary of an estate?

If the deceased left a Will, you can ask the estate trustee or the estate trustee’s lawyer if your child is a beneficiary of the estate.

If the deceased died without a Will, the Succession Law Reform Act governs who is entitled to a share in the estate.

If the deceased died without a Will, the court must grant a person the power to act as an estate trustee.

If a person asks the court to appoint them as estate trustee, and your child is a beneficiary, you should receive a notice of this court application (called a “Notice of an Application for a Certificate of Appointment of Estate Trustee”) (See: Rules of Civil Procedure, rule 74.04(4) and Form 74.7 and 74.17). The notice must be delivered to you at your last known mailing address.

If you receive this notice and you want more information about the application, you should contact the person who is applying to act as estate trustee or the person’s lawyer.

You can also contact the court office where the deceased lived to find out whether a person has applied for a certificate of appointment of estate trustee. You can obtain a copy of the court application and the Will at the court office. You must pay a court fee to see the file and to make photocopies.

I am an Estate Trustee and there is no Will. Can I hold a child's share of the estate until the child turns 18 years old?

No. If the deceased died without a Will, you cannot hold the child's share of the estate until the child turns 18.

If the child’s share of the estate is greater than $10,000 you must pay it to the Accountant of the Superior Court of Justice or to a court appointed guardian of property.

To learn how to pay the child’s money to the Accountant of the Superior Court of Justice see: How do I pay money into court for a child?

For more information about acting as an estate trustee without a Will you can contact a lawyer.

My child is a beneficiary of an estate. Can estate funds be paid to me to benefit my child?

If the deceased left a Will, you should contact the estate trustee or his or her lawyer to discuss whether the Will allows payments for specific purposes.

If there is no Will, the estate trustee cannot pay money from the child’s share of the estate to you.

If there is no Will, the estate trustee must pay the child’s share of the estate with the Accountant of the Superior Court of Justice, or pay it to a guardian of property appointed by the court (s. 47 of The Children’s Law Reform Act.)

To learn how to pay the child's money to the Accountant of the Superior Court of Justice see: How do I pay money into court for a child?

Once the money has been paid to the Accountant of the Superior Court of Justice, a parent or guardian can request payments out of court for the direct benefit of the child, if the parent or guardian cannot afford the expense. There is an informal procedure to request the funds out of court.

For information about guardianship of property, see: Children’s Lawyer’s brochure: “Guardianship of Property”.

My child is a beneficiary of an estate. When is my child entitled to receive his or her share of the estate?

If there is a Will your child is entitled to receive his/her share of the estate on the date set out in the Will.

If there is no Will, your child is entitled to receive his/her share of the estate at the age of 18 years.

Once your child turns 18, he or she should contact the individual who is holding the money (either the Accountant of the Superior Court of Justice or the court appointed guardian of property).

My child is a beneficiary of an Ontario estate and we do not live in Ontario. Will the Children’s Lawyer help?

The Children’s Lawyer will become involved on behalf of a child in an Ontario court application whether or not the child lives in Ontario. The same requirements for serving a court application on the Children’s Lawyer apply for children who live outside of Ontario.

For a list of the types of cases the Children's Lawyer will become involved in, see: In which types of estates and trusts matters does the Children’s Lawyer become involved?

My child’s parent has died. Can the child receive benefits under the Canada Pension Plan?

To find out whether a child is eligible for benefits under the Canada Pension Plan as a result of the death of a parent, you can contact Human Resources and Skills Development Canada at 1-800-277-9914 or visit: Service Canada CPP children's benefits.

Managing money for a Child

Can I receive and manage my child’s money?

In Ontario, a parent or guardian is not automatically entitled to receive and manage his or her child’s money.

The child may be entitled to money:

  • from an estate
  • under a life insurance policy or a registered plan
  • under a court order for damages
  • under some other death or accident benefit.

A person can only receive and manage the child’s money if he or she is given that power under a will, a trust, a court order or legislation.

If there is no person who has the legal authority to hold and manage the money, the money must be paid into court for the child. The money is paid into court by a payment to the Accountant of the Superior Court of Justice.

If the amount of money is $10,000 or less and is not payable under a court order, the money may be paid to:

  • a parent, if the child resides with the parent
  • a person who has lawful custody of the child, or
  • the child, if the child has a legal obligation to support another person.
    See: Children’s Law Reform Act, s. 51

If a parent or another person receives a child’s money, he or she must:

  • invest the money as required by the court, the will, the trust or the Trustee Act
  • keep records of all financial transactions
  • not use the money for any reason unless specifically authorized by the court, the will or the trust
  • transfer the money to the child when he or she turns 18 (unless the court, the will or the trust says otherwise (see: Children’s Law Reform Act, s.53).

The money must be paid into court for the child if the amount is more than $10,000 and there is no legal authority for anyone to hold and manage the money on the child’s behalf.

A child’s money can be paid into court by:

There are many benefits of paying a child’s money to the Accountant of the Superior Court of Justice. For a list of the benefits see: What are the benefits of paying a child’s money into Court?

To learn how to pay the child’s money to the Accountant of the Superior Court of Justice see: How do I pay money into court for a child?

Learn more about the Accountant of the Superior Court of Justice.

If there is no trustee and no court-appointed guardian of property, you may ask a judge to appoint you as the guardian of the child’s property. A formal court case would be necessary to make this request. The court application must be served on the Office of the Children’s Lawyer. You should note that:

  • i. You will not automatically be appointed as the guardian of your child’s property. The criteria and evidence which a court will consider is set out in the Children’s Law Reform Act, s.49.
  • ii. You will be required to post a bond if you are seeking to act as a guardian of a child’s property and you are not a parent. Even if you are a parent you will be required to post a bond unless a judge agrees that it would not be appropriate to do so. A bond is a guarantee that the child will be paid his or her money by a third party if the guardian of property does not meet his or her obligations. The third party, usually an insurance company, charges a fee, a premium, to take on the risk of giving this type of guarantee of the child’s funds.

What are the benefits of payment of a child’s money into Court?

The benefits of payment of a child’s money to the Accountant of the Superior Court of Justice include:

  • funds will be invested properly and earn a competitive rate of interest
  • funds will not be distributed unless approved by a judge, or the child reaches the age when he or she is entitled to the money
  • eliminates the risk of the liability of a person who is appointed as guardian of property or trustee (for example, liability associated with the failure to properly invest or manage the money)
  • eliminates the risk of payments being made from the child’s funds without legal authority
  • eliminates the responsibility of a person who is appointed as guardian of property or trustee to make prudent investments
  • eliminates the requirement for a person who is appointed as guardian of property or trustee to maintain accounts avoids the legal costs which would be associated with a court application for guardianship of property
  • avoids the legal costs which would be associated with potential court applications to pass the accounts of the guardian of property or trustee
  • avoids the cost of the bond which may be required to be posted by a guardian of property
  • reduces the family conflict over the control of the money
  • allows requests for access to the money by parents and caregivers through an informal procedure. This process can:
    • i. avoid the need to start a Court case and the cost involved
    • ii. avoid the need to personally go to Court
    • iii. avoid the wait involved with achieving a resolution of a court case for guardianship of property.

See: My child’s money was paid into court. Can some of that money be paid to the child or used to pay for something for the child before he or she turns 18?

I am no longer able to manage money for a child. What can I do?

You must make appropriate arrangements if you are no longer able or willing to manage a child’s money from:

  • an estate
  • a life insurance policy
  • a trust
  • a fundraiser or collection for the minor on the death of his or her parent or guardian
  • other sources.

You may no longer be able or willing to manage the child’s money due to:

  • your health
  • the time involved
  • the skill required
  • disagreements with family or friends
  • other reasons.

You can deal with this in a number of different ways. A lawyer is in the best position to discuss these options with you.

The options include the following:

  • 1. If you are a trustee or a court-appointed guardian of property, asking a judge to remove you and appoint another individual as trustee or guardian of property. This would require a formal court case to be started. This case, called an Application, must be served by the Office of the Children’s Lawyer. There are legal costs involved with a court case.
  • 2. Pay the money into court for the child. There is no fee to pay the money into court. The payment into court would be made to the Accountant of the Superior Court of Justice for the child.

The Accountant of the Superior Court of Justice is an Ontario government office within the Ministry of the Attorney General.

For the benefits of payment of a child’s money to the Accountant of the Superior Court of Justice see: What are the benefits of payment of a child’s money into Court?

To learn how to pay the funds into court for a child, see: How do I pay money into Court for a child?

I am a trustee. How do I make a payment from an estate to a child?

A lawyer is in the best position to discuss the options with you.

Where money is payable to a child from an estate, one option which is available is to pay the money into court for the child. The money is paid into court by paying the funds to the Accountant of the Superior Court of Justice for the child.

There are many benefits of paying a child’s money to the Accountant of the Superior Court of Justice. For a list of the benefits see: What are the benefits of paying a child’s money into Court?

To learn how to pay the funds into court for a child, see: How do I pay money into Court for a child?

Money in Court for a Child

How do I pay money into court for a child?

A child’s money may be paid into court by making a payment to the Accountant of the Superior Court of Justice. The Accountant of the Superior Court of Justice is an Ontario government office within the Ministry of the Attorney General.

Learn more the Accountant of the Superior Court of Justice.

The Accountant’s office can be reached at:

Accountant Superior Court of Justice
595 Bay Street, Suite 800
Toronto, Ontario
M5G 2M6
Tel: 1-800-366-0335
Fax: 416-314-2481

To pay a child’s money into court, you must submit three things to the Accountant of the Superior Court of Justice: 1) a letter 2) a certified cheque or solicitor’s trust cheque, and 3) an affidavit or court order.

  • 1. Letter
    The letter should request the payment of the money into court for the child and the reasons for the request. Include the child’s name, date of birth, address and names of the child’s parents.
  • 2. Certified cheque or solicitor’s trust cheque
    The certified cheque or solicitor’s trust cheque should be made payable to the Accountant of the Superior Court of Justice, to the credit of (child’s name).
  • 3. Affidavit or court order
    An affidavit is a legal document that a person swears or affirms to be true. You may wish to speak with a lawyer about the affidavit.

A. Trustee affidavit

A person responsible for paying funds into court for a child should forward an affidavit under the Trustee Act, s. 36(6) which contains the following information:

  • Facts entitling the child to the money (including date of death of deceased and copy of will, if applicable);
  • Value of funds to which each child is entitled
  • If the amount being paid into court differs from an amount specified in a document that establishes the child’s entitlement, an explanation of the difference
  • Minor’s full name and date of birth
  • Full name and postal address of the child’s parents, or person with lawful custody of the child, and any guardian of property, if known, appointed under section 47 of the Children's Law Reform Act
  • A statement that the person desires to pay a specific sum of money into court to the credit of the child under the Trustee Act s. 36(6)
  • Date of distribution out of court to the child (e.g. the child is entitled at age of majority (18) or in accordance with the will).

B. Insurer’s affidavit

An insurer responsible for paying money to a child under sections 220 or 271 of the Insurance Act should forward to the Accountant of the Superior Court of Justice an affidavit which contains the following information:

  • Circumstances entitling the child to the money (e.g. parent has died and a minor is the designated beneficiary of the life insurance policy)
  • Full name, date of birth, and full address of each child, along with the name of, and relationship to, the person with whom the child lives
  • The insurer desires to pay a specific sum of money into court, to the credit of the child.

A copy of this affidavit must also be sent to the Office of Children’s Lawyer.

C. Court Order

A copy of a court order which directs the payment of a child’s money into court should be submitted to the Accountant of the Superior Court of Justice.

The Office of the Children’s Lawyer does not manage money for children. However, if you have questions about the process to pay money into court for a child you can contact the Office of the Children’s Lawyer.

My child’s money was paid into court. How do I get information about the money?

Money which is paid into court for a child is held and invested by a government office called the Accountant of the Superior Court of Justice. The Office of the Children’s Lawyer does not hold or invest money for children.

The Accountant of the Superior Court of Justice can be reached at:

Accountant of the Superior Court of Justice
Office of the Public Guardian and Trustee
595 Bay Street, Suite 800
Toronto, ON
M5G 2M6

Telephone: 416-314-8692
416-314-2477 (to inquire about funds held for children who have turned 18)
Toll free: 1-800-366-0335
Fax : 416-314-2481
Website: www.attorneygeneral.jus.gov.on.ca/english/family/pgt

Learn more about the Accountant of the Superior Court of Justice.

If your child moves, you should give the Accountant of the Superior Court of Justice the child’s new address.

My child’s money was paid into court. Can some of that money be paid to the child or used to pay for something for the child before he or she turns 18?

If you are the parent or guardian of a child with money paid into court, and you cannot afford an expense which is necessary for the direct benefit of the child, you can write to the Office of the Children’s Lawyer for help in getting an order to pay money out of court.

Your letter to the Office of the Children’s Lawyer should explain:

  • 1. Your relationship to the child
  • 2. The reason for your request for money from your child’s court account
  • 3. The item(s) the child needs
  • 4. Why each item is necessary
  • 5. The amount requested for each item
  • 6. The child’s court account number (if known)
  • 7. The amount of money in court for the child (if known)
  • 8. The consent of the child, if the child is 14 or older.

You should also attach supporting documents, including:

  • a completed and signed financial statement
  • any estimates you have obtained for the items or service needed
  • any invoices, bills or receipts.

You should complete and sign the Children’s Lawyer’s Minors’ Funds Financial information form.

A judge will decide whether or not to grant your request for money from your child’s court account. A lawyer with the Office of the Children’s Lawyer will appear before a judge to discuss your request. Only a judge can decide whether the money will be paid out from the child’s court account.

You can also start a formal court case. You should contact a lawyer for legal advice about the court process, as well as your options. If you start a court case, you must serve the Office of the Children’s Lawyer with your court application (see Rules of Civil Procedure, rule 72).

If you would like more information, contact:

Office of the Children’s Lawyer
Minors’ Funds Department
c/o MGS Mail Delivery Services
2B-88 MacDonald Block
77 Wellesley Street West
Toronto, Ontario M7A 1N3
Telephone: 416-314-8000
Fax: 416-314-8050

My child’s money was paid into Court. Who files the tax returns?

If a child has money in a trust or that is paid into court and the money is earning interest, a tax return should be filed on his or her behalf each year.

It may be helpful to consult a tax adviser if you have any tax questions or require assistance with the preparation of tax returns. A tax adviser can provide you with guidance about whether the income earned on the child’s money is greater than the personal tax exemption limit for the child and other tax issues.

The child’s custodial parent or legal guardian is responsible for filing a child’s tax returns. The Office of the Children’s Lawyer does not file tax returns for a child.

The Accountant of the Superior Court of Justice is the government office which holds and invests money on behalf of children in certain circumstances. If the Accountant is managing money for your child, the Account will issue a T1 tax slips to Canadian residents and NR4’s to non-residents for taxable income earned from the money invested for the child.

Learn more about the Accountant of the Superior Court of Justice.

If your child moves, you should give the Accountant of the Superior Court of Justice the child’s new address.

If you do not receive tax slips by early March, you should contact the Accountant of the Superior Court of Justice.

To ask for money from your child’s trust funds held by the Accountant of the Superior Court of Justice for the purpose of the payment of his or her income taxes, you can:

  • 1. Forward the child’s completed Income Tax Return to the Canada Revenue Agency.
  • 2. Forward a photocopy of the Income Tax Return to the Office of the Children’s Lawyer, Minors’ Funds Department. Attach a letter asking that the tax amount be paid from the child’s trust funds. You should sign the letter.
  • 3. If your child is over 14, you must include your child’s written agreement to the request for his or her money to be paid out of court.

If the request is approved by the judge, the Accountant of the Superior Court of Justice will forward a cheque to Canada Revenue Agency from your child’s court account to pay the taxes.

Matters in which the Children’s Lawyer does not participate

Can the Children’s Lawyer enforce child support orders?

No. The Children’s Lawyer does not enforce child support orders.

You may wish to discuss your child support matter with a lawyer.

If the child support is payable by a living person, you can contact the Ministry of Community and Social Service’s Family Responsibility Office.

If the person who was paying child support has died, and the child support is payable by his or her estate, you can contact the estate trustee and/or the estate trustee’s lawyer.

You can discuss with the estate trustee and the estate trustee’s lawyer whether there is a will which gives the estate trustee the power to decide whether to make support payments from the estate.

Does the Children's Lawyer help children under 18 with education law, immigration law, criminal law, mental health law or social assistance?

No. If you are under the age of 18 and need help with these types of matters, you should contact Justice for Children and Youth at www.jfcy.org.

Serving the Children’s Lawyer

How do I serve the Children’s Lawyer with Court documents?

The Children’s Lawyer must be served with certain types of court documents

on behalf of a child if service is required by legislation or the Rules of Civil Procedure.

For example, where a child has an interest in an estate or trust, the Children’s Lawyer must be served with certain court applications on behalf of the child. The Children’s Lawyer may also be served on behalf of a child in civil cases if the Children’s Lawyer is acting as litigation guardian for the child.

For more information about service on the Children’s Lawyer, review the legislation and rules requiring service and see Rules of Civil Procedure rule 16.02(1)(j)).

Related:
In which types of estates and trusts matters does the Children’s Lawyer become involved?
In which types of civil litigation matters does the Children’s Lawyer become involved?

  • a. Service of court documents by mail or fax

    If the Rules of Civil Procedure allow for service of your court documents by mail or fax, you may serve the Office of the Children’s Lawyer at:

    Office of the Children’s Lawyer
    c/o MGS Mail Delivery Services
    77 Wellesley Street West
    Toronto, ON
    M7A 1N3
    Fax: 416-314-8056 (use this fax number for estates, trust and civil matters only)
  • b. Service of court documents required to be served by personal service

    If the Rules of Civil Procedure require personal service of your court documents, the Office of the Children’s Lawyer can be served at:

    393 University Avenue, 14th floor
    Toronto, Ontario
    M5G 1W9

    Please note that if your document is not a Court document which must be served by personal service, the document will not be accepted at the University Avenue address and will be re-routed to the Wellesley Street address. This will cause delay in the receipt of your materials.
  • c. Service of Notices of Application for Certificate of Appointment of Estate Trustee

    If you are serving the Children’s Lawyer with a Notice of an Application for a Certificate of Appointment of Estate Trustee:
  • 1. The Notice should list all minor beneficiaries (only one Notice is required for all child beneficiaries).
  • 2. The Notice should include the approximate dollar value of the minor’s interest in the estate, along with the approximate percentage value of the minor’s share of the estate.
  • 3. You should send a copy of the deceased’s last Will (if any), and
  • 4. You should send a copy of the Application for Certificate of Appointment of Estate Trustee (Rules of Civil Procedure Form 74.4 or Form 74.14).

How to get help

How can I get more information about my rights and responsibilities?

You may wish to speak with a lawyer who specializes in estates or civil litigation matters.

If you want to hire a lawyer, you can contact the Law Society Referral Service. This service will provide a name of a lawyer in your area. For more information you can call toll free at 1-800-268-8326 or 416-947-3330 in the Greater Toronto Area.

For a list of lawyers in Ontario, you can visit the Law Society of Upper Canada website.

To find a lawyer in Ontario, you can also visit the Ministry of the Attorney General’s Justice Ontario website: How do I find a lawyer? You can also reach Justice Ontario by telephone, toll free, at 1-866-252-0104.