Bibliographic record
Abstract
The genius of the common law conflicts jurisdictional rules might be said to be their flexibility. Unsurprisingly, Canadian common law courts, including the Supreme Court, have been unwilling to create any arbitrary or 'bright line' rules for dealing with parallel actions. It is not impossible, however, for the judicial branch to introduce more certainty, and hence more order, into the problem of parallel actions without sacrificing any fairness.This article endorses, discusses, and develops the approach that the British Columbia courts seemed to be moving towards to resolve this problem before the enactment of the Court Jurisdiction and Transfer of Proceedings Act. The approach was put to the Supreme Court of Canada in Teck and identified by it as the but, instead of dealing with the argument as put, the Court read it up into an argument for a bright line approach that required blind deference to a foreign court's assertion of jurisdiction which amounted to a first to file rule. The Court rightly rejected such a bright line approach.A local court using the softer alternative approach would defer to a foreign court's decision to retain and exercise jurisdiction and would, therefore, stay the parallel local action provided that two conditions are satisfied: first, the foreign court's decision must be reasonably consistent with the local doctrine of forum non conveniens; and second, the stay of the local action in favour of the parallel foreign action must not work an injustice on the local plaintiff.Admittedly, this proposed approach is available in only that portion of the growing volume of parallel actions in which the foreign court has already made a decision about its own jurisdiction. Significantly, the proposed approach does not require complete deference to the foreign decision if considerations of fairness and justice persuade the local court to let the local action continue. Thus the order introduced into the problem of parallel actions will not satisfy those who prefer absolutely certain rules (assuming such phenomena exist) but it will modify the complete uncertainty resulting from the decisions in Teck and Lepine.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.012 | 0.034 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.002 | 0.002 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.006 | 0.033 |
| Scholarly communication | 0.013 | 0.028 |
| Open science | 0.006 | 0.014 |
| Research integrity | 0.015 | 0.025 |
| Insufficient payload (model declined to judge) | 0.022 | 0.003 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".