Bijural Terminology Records

Common Law

joined as party

Civil Law

joined as party

Title of the Legislative Text

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

Provision

190. ...
(19) ...

  • (a) all dissenting shareholders whose shares have not been purchased by the corporation shall be joined as parties and are bound by the decision of the court; and

Problem

The linguistic versions differ as to content. The expression "joined as parties" used in the English version is not the legal equivalent of "mis en cause" used in the French version in either civil law or common law.

In the context of this provision, it is a matter of ensuring that everyone affected by the proceedings is present rather than of bringing related questions or third parties into the original case by means of a call in warranty or an independent action by the defendant against a third party not connected with the main proceedings. What is therefore involved is a "jonction des parties" rather than a "mise en cause".

Solution

In the French version, "mis en cause" is replaced by "joints comme parties à l'instance".

Harmonized Provision

(Amendment to the French version only)

190....
(19) ...

  • a) tous les actionnaires dissidents dont la société n'a pas acheté les actions doivent être joints comme parties à l'instance et sont liés par la décision du tribunal;

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 60(1).

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