Préclusion, res judicata et préclusion découlant d’une question déjà tranchée : des éclaircissements s’imposent !
Bibliographic record
Abstract
Res judicata and issue estoppel are legal concepts that are infrequently addressed in Canada’s French-language doctrine and jurisprudence. However, to the extent their application will put a premature end to an action, it is essential for the lawyer and the judge to identify them precisely, as well as their source, the estoppel. This article is therefore intended as a French-language reference tool for lawyers and judges with a background in either civil law or common law and who wish to know the basics. The author reviews their foundation, nature and object as well as, in respect of the issue estoppel, the conditions for its application. Throughout the text, special attention is paid to the terminology problems that may be encountered by jurists who are interested in these concepts. These problems relate to their translation from English to French as well as the meaning given to them by the doctrine and the jurisprudence. In this regard, the author draws a special distinction between res judicata and issue estoppel and autorite de la chose jugee in civil law.
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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 | 0.004 | 0.009 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.007 | 0.022 |
| Scholarly communication | 0.008 | 0.004 |
| Open science | 0.001 | 0.002 |
| Research integrity | 0.003 | 0.006 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
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.
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".