Marginal note:Liability for acts of servants
10. No proceedings lie against the Crown by virtue of subparagraph 3(a)(i) or (b)(i) in respect of any act or omission of a servant of the Crown unless the act or omission would, apart from the provisions of this Act, have given rise to a cause of action for liability against that servant or the servant’s personal representative or succession.
- R.S., 1985, c. C-50, s. 10;
- 2001, c. 4, s. 40.
Marginal note:Motor vehicles
11. No proceedings lie against the Crown by virtue of section 4 in respect of damage sustained by any person by reason of a motor vehicle on a highway unless the driver of the motor vehicle or the driver’s personal representative or succession is liable for the damage so sustained.
- R.S., 1985, c. C-50, s. 11;
- 2001, c. 4, s. 40.
12. [Repealed, 1999, c. 31, s. 70]
Marginal note:Application of subparagraphs 3(a)(ii) and (b)(ii)
13. (1) Subparagraphs 3(a)(ii) and (b)(ii) are not applicable in respect of any property owned by the Crown unless the Crown or a person acting for the Crown has, in fact,
(a) in the case of personal property and movables, taken physical control of it; and
(b) in the case of real property or immovables, entered into occupation of it.
Marginal note:Effect of orders
(2) Where the Governor in Council has, by order published in the Canada Gazette, declared that the Crown has, before, on or after November 15, 1954, ceased to be in control or in occupation of any property specified in paragraphs (1)(a) and (b), subparagraphs 3(a)(ii) and (b)(ii) are not applicable in respect of the specified property from the day of publication of the order until the day the order is revoked.
- R.S., 1985, c. C-50, s. 13;
- 2001, c. 4, s. 41.
Proceedings in rem
Marginal note:Proceedings in rem
14. Nothing in this Act
(a) authorizes proceedings in rem in respect of any claim against the Crown;
(b) authorizes the arrest, detention or sale of any Crown ship or aircraft, or of any cargo or other property belonging to the Crown; or
(c) gives to any person any lien on, or cause of preference on or in respect of, any ship, aircraft, cargo or other property belonging to the Crown.
- R.S., 1985, c. C-50, s. 14;
- 2001, c. 4, s. 42.
15. [Repealed, 1990, c. 8, s. 24]
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