Steps Involved in Settling Injury Cases for Minors

 On an application or motion to approve a settlement involving a minor (child under the age of 18):

  • the litigation guardian must file an affidavit setting out the material facts,
  • and the reasons why they approve the proposed settlement,
  • an affidavit of the lawyer acting for the minor through the litigation guardian setting out why the settlement is fair and reasonable,
  • if the child is 16 years or older, that child must provide a consent to the settlement and draft order.
  • The litigation guardian must also provide a copy of the Minutes of Settlement.
  • If the Justice is satisfied the settlement is fair, they will sign an Order to that effect and the settlement monies for the minor are paid into Court (to the accountant of the Superior Court of Justice).
  • Sometimes a Justice may refuse to sign the proposed Order either because they do not have enough information, or they believe the settlement is not fair. In that case, the litigation guardian must negotiate a better settlement or provide additional information and re-apply for approval.

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