LE RECOUVREMENT ET L’INDEMNISATION DES MEMBRES DANS L’ACTION COLLECTIVE
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
This article aims to analyze, the process that leads to the recovery and distribution of amounts awarded to class action members, in accordance with the relevant sections of the new Code of Civil Procedure that came into effect in 2016. The first part of the article presents the basic assumption that class actions are first and foremost a means of compensating members, but that this primary objective is only imperfectly attained. Then, in the second part, the assumption is compared to the recovery regime provided for in the Code, in light of the results of an empirical study of class action cases conducted by the Class Actions Lab at the Universite de Montreal in the summer of 2015. That part also addresses questions pertaining to evidence, and involvement of the courts in recovery and the determination of amounts to be remitted to the Class Action Assistance Fund. In particular, the following issues are discussed: How do you define the injury that is common to members, assess it in light of disparity in injuries suffered and, lastly, manage to adequately compensate members of the class action? Should damages for members be ensured in a different way, under a new vision? What can be said in this respect about the positive effect felt by members who feel there is a dissuasive, behaviour-modifying effect? In the third part, the collective recovery procedure and its forms of direct and indirect liquidation are addressed, with emphasis on its advantages and terms and conditions. The article concludes with comments in favour of using class actions to achieve the objectives of dissuasion and member compensation.
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.
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 | 0.003 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.002 | 0.002 |
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 it