Bijural Terminology Records

Common Law

impounded

Civil Law

sequestrated

Title of the Legislative Text

Canada Business Corporations Act, R.S.C., 1985, c. C-44.

Provision

72. ...

(3) The right to reclaim possession of a security may be specifically enforced, its transfer may be restrained and the security may be impounded pending litigation.

Problem

Only common law terminology ("be impounded") is used in the English version.

The expression "mettre sous séquestre" used in the French version is appropriate for both civil law and common law.

Solution

In the English version, "or, in Quebec, sequestrated" is added.

Harmonized Provision

(Amendment to the English version only)

72. ...

(3) The right to reclaim possession of a security may be specifically enforced, its transfer may be restrained and the security may be impounded or, in Quebec, sequestrated pending litigation.

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 37.