“An Unconscionable Thing for the One to Do Towards the Other:” The Doctrine of Fraudulent Concealment
Bibliographic record
Abstract
What tool is available to the courts to address conduct of the defendant which frustrates or impedes the plaintiff from discovering a cause of action? The doctrine of fraudulent concealment has developed at equity to attend to this issue, and has operated largely as a court-made rule in Canada. Curiously, the equitable doctrine does not actually speak to fraud per se in the common law sense, but rather operates to toll or suspend a limitation period where the defendant has acted unconscionably so as to conceal a cause of action from the plaintiff. The paper evaluates the constituent elements of fraudulent concealment as the test has been developed in Ontario, and with reference to other common law provinces and English jurisprudence. It also addresses the question of whether the doctrine is still relevant in light of the modern discoverability rule. Lastly, whether the doctrine has been applied consistently, and whether it may operate coherently in the class proceeding context will be examined.
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 imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 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 teacher head, 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".