Bijural Terminology Records

Common Law

assignment of the judgment

Civil Law

subrogated to the rights as declared in the judgment

Title of the Legislative Text

Canada Business Corporations Act, R.S.C., 1985, c. C-44

Provision

119. ...

(5) Where a director pays a debt referred to in subsection (1) that is proved in liquidation and dissolution or bankruptcy proceedings, the director is entitled to any preference that the employee would have been entitled to, and where a judgment has been obtained, the director is entitled to an assignment of the judgment.

Problem

Only common law terminology ("assignment of the judgment") is used in the English version and only civil law terminology ("subrogé aux droits constatés dans le jugement") is used in the French version.

Solution

In the English version, "where a judgment has been obtained, the director is entitled to an assignment of the judgment" is replaced by "if a judgment has been obtained, the director is

  • (a) in Quebec, subrogated to the employee's rights as declared in the judgment; and

  • (b) elsewhere in Canada, entitled to an assignment of the judgment.".

In the French version, "le cas échéant, est subrogé aux droits constatés dans le jugement" is replaced by "si un jugement a été rendu:

  • a) au Québec, est subrogé dans les droits constatés par celui-ci;

  • b) ailleurs au Canada, a le droit d'en exiger la cession.".

Harmonized Provision

119. ...

(5) A director who pays a debt referred to in subsection (1) that is proved in liquidation and dissolution or bankruptcy proceedings is entitled to any priority that the employee would have been entitled to and, if a judgment has been obtained, the director is

  • (a) in Quebec, subrogated to the employee's rights as declared in the judgment; and

  • (b) elsewhere in Canada, entitled to an assignment of the judgment.

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 51.

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