Curateur public - Respecting the rights of a minor under tutorship: Statute of limitations

An insurance company was refusing to pay benefits to a minor under tutorship. If the Curateur public did not intervene rapidly to get the company to act, the child would be in danger of losing his right of recourse against the insurance company.

The complaint lodged by the citizen (a member of the child’s family) concerned:

• the fact that the limitation period for the right of recourse against the insurance company could have been exceeded and thereby deprive the child of some of his rights.

The Québec Ombudsman’s investigation revealed that:

• the Curateur public became the provisional administrator of the child’s property in December 2006;
• even though the Curateur public’s legal services was mandated in 2009 to claim the amount of $53,092.22 from the insurance company, no action had been taken;
• the process of gathering information on the case from the child’s friends and family was still not finished.

The Québec Ombudsman recommended that the Curateur public:

• take the necessary actions to ensure that the child’s rights are respected.

The Curateur public agreed to act on the Québec Ombudsman’s recommendation. The insurance company finally paid the $53,092.22 that the child was owed.