Bijural Terminology Records

Common Law

special damages

Civil Law

pre-trial pecuniary loss

Title of the Legislative Text

Crown Liability and Proceedings Act, R.S.C. (1985), c. C-50

Provision
 

 31. (3) Where an order referred to in subsection (2) includes an amount for special damages, the interest shall be calculated under that subsection on the balance of special damages incurred as totalled at the end of each six month period following the notice in writing referred to in paragraph (2)(b) and at the date of the order.

Problem

Only common law terminology ("special damages" / dommages-intérêts spéciaux) is used in both linguistic versions. In common law, these damages refer to pecuniary losses occurring before trial. Although not recognized by this name in civil law, these damages are compensated in the same way as in common law; for example, reference can be made to loss of income before trial. In civil law, the term "pre-trial pecuniary loss" and its French equivalent perte pécuniaire antérieure au procès correspond to the common law concept.

Solution

In the French version, the term perte pécuniaire antérieure au procès is added. In the English version, the term "pre-trial pecuniary loss" is added.

Harmonized Provision

  31. (3) When an order referred to in subsection (2) includes an amount for, in the Province of Quebec, pre-trial pecuniary loss or, in any other province, special damages, the interest shall be calculated under that subsection on the balance of the amount as totalled at the end of each six month period following the notice in writing referred to in paragraph (2)(b) and at the date of the order.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 51(2)