Bijural Terminology Records

Common Law

person

Civil Law

person

Title of the Legislative Text

Crown Liability and Proceedings Act, R.S.C. (1985), c. C-50

Provision

  4. The Crown is liable for the damage sustained by any person by reason of a motor vehicle, owned by the Crown, on a highway, for which the Crown would be liable if it were a private person of full age and capacity.

Problem

The term "private person", used in the English version, is obsolete..

Solution

In the French version, the term personne physique majeure et capable is replaced by the term personne. In the English version, the term "private person of full age and capacity" is replaced by "person". A new definition of "person" ( personne) was added to the Crown Liability and Proceedings Act by section 35 of the Federal Law-Civil Law Harmonization Act, No. 1. In the English version, the term "any person" is replaced by "anyone". This last amendment is made in order to avoid the application of this new definition. In this respect, the legislator's intent is to encompass damages sustained by all persons including legal persons, not only natural persons of full age and capacity.

Harmonized Provision

  4. The Crown is liable for the damage sustained by anyone by reason of a motor vehicle, owned by the Crown, on a highway, for which the Crown would be liable if it were a person.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 37

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