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A Minor in Ontario is anyone below 18. They can sign contracts, but they lack the capacity, which makes the contract voidable if they back out. However, there are exceptions such as a contract for necessities, bank accounts, beneficial contracts, and contracts co-signed by adults such as parents. Although the age of the majority in Ontario is ...
In the past, the common law held that minors, infants, and children could not be a party to a legally enforceable contract. In many provinces, however, there is recognition in legislation that children do form contracts that must be enforced for their benefit or that of others. Contracts entered into by a minor (anyone under the age of 18 in ...
Nov 12, 2023 · Provincial Differences. In Alberta, under the Minors’ Property Act, a minor who is 16 or 17 years old can enter into a contract without parental consent, and the contract will be binding. In Ontario, under the common law, a minor can enter into a contract, but it is voidable at the minor’s option, unless it is for necessities or beneficial ...
Micah B Rankin, 2015 93-1 Canadian Bar Review 277, 2015 CanLIIDocs 191
- Micah B Rankin
- Canadian Bar Foundation (cbr.cba.org)
- 2020-12-24
May 3, 2014 · In Ontario law, this involves what is known as an issue of “capacity”: For any contract to be valid, it must be entered into by two or more people who have legal capacity to do so. Conversely, certain people are automatically deemed in law not to have legal capacity, namely: minors (i.e. under age 18), people who are mentally incapable (i.e ...
- Ron Shulman
Minors can and do sign and enter into many types of contracts, such as for summer jobs, acting gigs, or car purchases. Whether these contracts are enforceable, though, is not as straightforward. Because minors don't have legal capacity as adults, the rules for how certain types of contracts are enforced differ quite a bit from contracts between ...
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A contract can’t be enforced against a minor. Though there are some exceptions: if the contract provides the minor with the “necessaries” of life — services vital to the minor’s health or welfare, if on reaching age 19, the minor affirms the contract (that is, agrees to be bound by it), or if within one year of reaching age 19, the ...
