Bijural Terminology Records

Common Law

liquidated claim

Civil Law

liquidated claim

Title of the Legislative Text

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

Provision

  31. (2) A person who is entitled to an order for the payment of money in respect of a cause of action against the Crown arising outside any province or in respect of causes of action against the Crown arising in more than one province is entitled to claim and have included in the order an award of interest thereon at such rate as the court considers reasonable in the circumstances, calculated

  • (a) where the order is made on a liquidated claim, from the date or dates the cause of action or causes of action arose to the date of the order; or
  • (b) where the order is made on an unliquidated claim, from the date the person entitled gave notice in writing of the claim to the Crown to the date of the order.
Problem

The use in the French version of the terms somme déterminée and somme n'est pas déterminée is inappropriate. The accepted terminology for both civil and common law in French is créance liquide.

Solution

In the French version, the terms somme déterminée and somme n'est pas déterminée are respectively replaced by the terms liquide and créance n'est pas liquide. No change is required to the English version as it already reflects both legal systems.

Harmonized Provision

(amendment to the French version only)

  31. (2) A person who is entitled to an order for the payment of money in respect of a cause of action against the Crown arising outside any province or in respect of causes of action against the Crown arising in more than one province is entitled to claim and have included in the order an award of interest thereon at such rate as the court considers reasonable in the circumstances, calculated

  • (a) where the order is made on a liquidated claim, from the date or dates the cause of action or causes of action arose to the date of the order; or
  • (b) where the order is made on an unliquidated claim, from the date the person entitled gave notice in writing of the claim to the Crown to the date of the order.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 51(1)

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