The Toronto Star reports this story today on “mini scandals” dogging Beijing’s Olympic opening ceremony, including these:
- A child performer lip-synched her song because the actual singer was considered “not pretty enough.”
- The “volunteer” performers at the ceremony were mostly military personnel.
- The “footsteps” fireworks were faked.
- Allegations have arisen that certain Chinese gymnasts are underage.
- Officials used seat-fillers to bolster the attendance at certain events.
Today, I want to talk about the legal consequences in Ontario when a minor child’s interests are harmed.
Typically, children under the age of majority (18 in Ontario) are considered persons with disabilities in legal proceedings. This means that the children cannot act on their own behalf, and must participate through special representatives called “litigation guardians.”
Litigation guardians do not need to be the child’s parent (or other person taking care of the child), although they often are. At times, public bodies such as Office of the Children’s Lawyer and Public Guardian Trustees also act as litigation guardians for litigants under disability.
There are also special rules regarding the limitation period with respect to injuries to minors. Ordinarily, the limitation period is deemed as having begun to run from the time of the injuries happens. If the time runs out before a claim is filed, the plaintiff will not be allowed to recovery damages from the defendant.
In the case of injuries involving a minor’s interest, however, the limitation period does not start until the child has reached the age of majority.
Taking the lip-synching case as an example, if it had happened in Ontario, the original child singer could commence a proceeding through the assistance of a litigation guardian. Alternatively, the child could wait until she turns 18 and then decide whether to go ahead with the claim or not.
