Bibliographic record
Abstract
Since 1932, the Supreme Court of Canada decision in Duke v. Andler has been the leading Canadian common law authority both for the absence of local jurisdiction over foreign immovables as well as for the non-recognition of foreign judgments concerning local immovables. The actual decision concerned only the latter issue.This article argues that recent Supreme Court of Canada decisions have overtaken and effectively reversed the actual decision in Duke v. Andler, such that common law courts should now recognize and enforce some foreign decisions concerning local immovables. Further, as a matter of constitutional law, Canadian courts may actually have an obligation to recognize and enforce all decisions of other Canadian courts concerning local immovables. This article is an argument only about the interpretation and application of current Canadian law. It does not reargue the pragmatic and theoretical bases for reversing Duke v. Andler on the merits.
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 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 | 0.003 | 0.011 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.019 | 0.021 |
| Scholarly communication | 0.011 | 0.004 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.008 | 0.006 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
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".