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