Bijural Terminology Records

Common Law

personal injury

Civil Law

bodily injury

Title of the Legislative Text

State Immunity Act, R.S.C. (1985), c. S-18

Provision

  6. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to

  • (a) any death or personal injury, or
  • ...
Problem

The expression "personal injury" used in the English version has a potentially broader meaning in civil law than the common law meaning.

Solution

The words "or bodily" are added to the English version to better reflect the scope of this provision for civil law. No change is required to the French version as the concept of dommages corporels has a similar meaning in common law and civil law.

Harmonized Provision

  6. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to

  • (a) any death or personal or bodily injury, or
    ...

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 121(1)

Date modified: