Bijural Terminology Records

Common Law

order for specific performance

Civil Law

order for specific performance

Title of the Legislative Text

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

Provision

  22. (1) Where in proceedings against the Crown any relief is sought that might, in proceedings between persons, be granted by way of injunction or specific performance, a court shall not, as against the Crown, grant an injunction or make an order for specific performance, but in lieu thereof may make an order declaratory of the rights of the parties.

Problem

The purpose of the provision is to prohibit an order against the Crown for specific performance of a contractual obligation. In civil law in French, the appropriate term is ordonnance d'exécution en nature.

Solution

In the French version, the term ordonnance d'exécution is replaced by the term ordonnance d'exécution en nature. This term is appropriate for both common law and civil law.

Harmonized Provision

(amendment to the French version only)

  22. (1) Where in proceedings against the Crown any relief is sought that might, in proceedings between persons, be granted by way of injunction or specific performance, a court shall not, as against the Crown, grant an injunction or make an order for specific performance, but in lieu thereof may make an order declaratory of the rights of the parties.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 46