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Bijural Terminology Records
Common Law
damage
Civil Law
damage
Title of the Legislative Text
Crown Liability and
Proceedings Act, R.S.C. (1985), c. C-50
Provision
4. The
Crown is liable for the damage sustained by any person by
reason of a motor vehicle, owned by the Crown, on a highway, for which the
Crown would be liable if it were a private person of full age and capacity.
Problem
The term dommages in the plural means, in
both civil and common law, the pecuniary compensation to which a victim is
entitled. In French, the term dommage used in the singular
means, in both legal systems, a violation of a person's rights. It is to this
latter concept that the English version refers to by using the term
"damage".
Solution
In the French version,
the term dommages is replaced by dommage.
Harmonized Provision
(amendment to the French version only)
4. The Crown is liable for the damage sustained by anyone by reason of a motor vehicle, owned by the Crown, on a highway, for which the Crown would be liable if it were a person.
Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 37
