Bijural Terminology Records

Common Law

personal representative

Civil Law

succession

Title of the Legislative Text

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

Provision

  10. No proceedings lie against the Crown by virtue of paragraph 3(a) in respect of any act or omission of a servant of the Crown unless the act or omission would apart from the provisions of this Act have given rise to a cause of action in tort against that servant or the servant's personal representative.

Problem

The notion of représentant in the French version and "personal representative" in the English version have meaning only in common law. Moreover, the accepted term in common law in French is représentant personnel. In civil law, the appropriate terms to refer to these persons are "succession" and succession. In common law, the appropriate terms are "personal representative" and représentant personnel.

Solution

In the French version, the adjective personnels is added to the term représentants. The term "succession"/ succession is added for civil law. In the English version, the term that corresponds to it, "personal representative", is maintained for common law, in order to include other types of legal representatives.

Harmonized Provision

  10. No proceedings lie against the Crown by virtue of subparagraph 3(a)(i) or (b)(i) in respect of any act or omission of a servant of the Crown unless the act or omission would, apart from the provisions of this Act, have given rise to a cause of action for liability against that servant or the servant's personal representative or succession.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 40

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