How do I serve legal documents on a minor or a person who is legally incapable in Ontario?

Serving legal documents on someone who is a minor, or an adult who is legally incapable of managing their own affairs, generally requires more than simply handing the documents to that person directly. Ontario's civil procedure rules typically require service on a parent, guardian, or other person responsible for the minor, or on a litigation guardian, attorney under a power of attorney, or guardian of property or personal care for an incapable adult, in addition to or instead of the individual themselves, depending on the specific situation. The reasoning is straightforward: a minor or an incapable person may not be legally able to understand or respond to a lawsuit on their own, so someone with actual legal authority to protect their interests needs to be properly notified too.

If no one is already acting for the minor or incapable person in this capacity, it may be necessary to have someone appointed, such as a litigation guardian, before the case can properly proceed against or on behalf of them. Getting this step wrong can mean service is later found invalid, which can delay or unwind steps taken in the meantime. Given how fact-specific these situations are, confirming the correct approach before attempting service is worthwhile.