Bijural Terminology Records

Common Law

taking (interest)

Civil Law

taking (right)

Title of the Legislative Text

Expropriation Act, R.S.C., 1985, c. E-21

Provision

25. (1) Compensation shall be paid by the Crown to each person who, immediately before the registration of a notice of confirmation, was the owner of a right, estate or interest in the land to which the notice relates, to the extent of his expropriated interest, the amount of which compensation shall be equal to the aggregate of

  • (a) the value of the expropriated interest at the time of its taking, and

  • ...

Problem

The use of the term "possession" in the French version is inappropriate for the civil law and common law audiences. This provision pertains to the taking of a right as part of an expropriation, not to the taking possession of land.

Solution

In the French version, "de sa prise de possession" is replaced by "à laquelle la Couronne l'a pris".

Harmonized Provision

(Amendment to the French version only)

25.  (1) ...

  • a) la valeur du droit ou intérêt exproprié à la date à laquelle la Couronne l'a pris;

  • ...

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 142.

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