Bijural Terminology Records

Common Law

discharge of mortgage

Civil Law

release of hypothec

Title of the Legislative Text

Employment Insurance Act, S.C. 1996, c. 23

Provision

  102. (13) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision, assessment, discharge of mortgage or other document ...

Problem

Only common law terminology ("discharge of mortgage") is used in the English version of this provision. The corresponding term in civil law in English for the term mainlevée d'hypothèque is "release of hypothec".

Solution

In the English version, the term "release of hypothec" is added.

Harmonized Provision

  102. (13) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision, assessment, discharge of mortgage, release of hypothec or other document ...

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 78