PRIVILEGE ATTACHING TO CLAIMS ADJUSTERS' REPORTS: THE QUEBEC EXCEPTION
Bibliographic record
Abstract
This article reviews Quebec and Canadian law on privilege with regards to the work product of claims adjusters. The author focuses specifically on the unique situation that prevails in Quebec, the only jurisdiction in Canada with a blanket rule deeming adjusters’reports to be privileged as a matter of course. After a brief overview of the law of privilege and its rationale, the article demonstrates how the modern approach to litigation privilege has led courts throughout Canada to move away from earlier jurisprudence that prevented disclosure of claims adjusters reports and have embraced the “dominant purpose” test to determine on a case by case basis whether a report is indeed privileged. The author argues in favour of the adoption of this same rule by Quebec courts, considering that the principles governing litigation privilege in Quebec are the same as in Canada’s common law jurisdictions and that the “dominant purpose” test is applied in Quebec in every area except insurance 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 | 0.011 | 0.032 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.003 | 0.004 |
| Science and technology studies | 0.012 | 0.011 |
| Scholarly communication | 0.012 | 0.003 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.008 | 0.005 |
| Insufficient payload (model declined to judge) | 0.005 | 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".