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Record W1990109432

The Canadian Codification of Forum Non Conveniens

2011· article· en· W1990109432 on OpenAlexaffabout
Stephen G. A. Pitel

Bibliographic record

VenueSSRN Electronic Journal · 2011
Typearticle
Languageen
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsWestern University
Fundersnot available
KeywordsSection (typography)Common lawStatutory lawJurisdictionLawSupreme courtJurisprudenceNova scotiaStatutePolitical scienceDoctrineChoice of lawSociologyComputer science
DOInot available

Abstract

fetched live from OpenAlex

The Court Jurisdiction and Proceedings Transfer Act, a model statute on the taking and transferring of jurisdiction in civil matters, is currently in force in British Columbia, Saskatchewan and Nova Scotia and is likely to come into force in other Canadian provinces in the future. Section 11 of the CJPTA deals with the staying of proceedings. At common law, such stays were ordered under the doctrine of forum non conveniens. Recently the Supreme Court of Canada has held that section 11 codifies, rather than alters, the common law approach. However, section 11 uses language that is in several respects different from the leading jurisprudential explanations of forum non conveniens. As a result, different approaches have emerged. In some cases, judges have focused primarily on the common law jurisprudence and paid only minimal attention to the wording of section 11. In other cases, judges have attempted to integrate, in different ways, the analysis called for by the statutory provision with the earlier common law approach. Section 11 illustrates many of the challenges in codifying well-understood common law doctrines.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.624
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.020
GPT teacher head0.263
Teacher spread0.243 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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".

Quick stats

Citations4
Published2011
Admission routes2
Has abstractyes

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