Bijural Terminology Records

Common Law

cause of action for liability

Civil Law

cause of action for liability

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's personal representative.

Problem

Only common law terminology is used in the English version ("cause of action in tort") and only civil law terminology (action en responsabilité civile délictuelle) is used in the French version. In addition, the latter term is obsolete in civil law.

Solution

In the English version, the term "cause of action in tort" is replaced by "cause of action for liability". In the French version, the term action en responsabilité civile délictuelle is replaced by action en responsabilité. This term is in accordance with the new definition of "liability"/responsabilité in section 2 of the Crown Liability and Proceedings Act, as amended by subsection 34(2) of the Federal Law-Civil Law Harmonization Act, No.1, S.C. 2001, c. 4. The concept of "liability"/responsabilité is appropriate for both legal traditions.

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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