Can a person under disability sue or be sued in their own name?

In the context of legal proceedings, individuals under disability, such as minors or those who are mentally incapacitated, have specific rules regarding their ability to sue or be sued in their own name. Typically, minors are not allowed to engage in legal actions independently. Instead, legal representatives are required to act on their behalf. In most jurisdictions, including Ontario, the law acknowledges that minors lack the capacity to manage their own legal affairs fully, hence the necessity for parental or guardian representation in legal matters involving a minor.

This principle also extends to individuals deemed mentally incapable, where a substitute decision-maker or guardian is appointed to manage legal matters for them. In essence, the legal system provides protections for these individuals by ensuring they have qualified representation when navigating legal processes.

Considering these parameters, the assertion that individuals under disability, except for minors, cannot sue or be sued in their own name aligns with relevant legal frameworks, as they typically require representation to safeguard their interests and rights throughout the litigation process.