Bijural Terminology Records

Common Law

want of prosecution

Civil Law

failure to respect the agreement between the parties as to the conduct of the proceeding

Title of the Legislative Text

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

Provision

242. ...
(2) An application made or an action brought or intervened in under this Part shall not be stayed, discontinued, settled or dismissed for want of prosecution without the approval of the court given on such terms as the court thinks fit and, if the court determines that the interests of any complainant may be substantially affected by such stay, discontinuance, settlement or dismissal, the court may order any party to the application or action to give notice to the complainant.

Problem

For legislative language modernization purposes, it is necessary to amend this provision to refer to the new concept of "agreement as to the conduct of the proceeding" of civil law and the new common law terminology in French ("défaut de poursuite").

Solution

In the English version, "or, in Quebec, failure to respect the agreement between the parties as to the conduct of the proceeding" is added.

In the French version, "défaut de procédure utile" is replaced by "non-respect de l'entente sur le déroulement de l'instance ou, ailleurs qu'au Québec, de défaut de poursuite".

Harmonized Provision

242. ...
(2) An application made or an action brought or intervened in under this Part shall not be stayed, discontinued, settled or dismissed for want of prosecution or, in Quebec, failure to respect the agreement between the parties as to the conduct of the proceeding without the approval of the court given on any terms that the court thinks fit and, if the court determines that the interests of any complainant may be substantially affected by such stay, discontinuance, settlement, dismissal or failure, the court may order any party to the application or action to give notice to the complainant.

Federal Law-Civil Law Harmonization Act, No. 3, S.C. 2011, c. 21, s. 69.