Negligence, Discretion and the Liability of Municipalities for Building Regulation: The Case for Increased Deference
Bibliographic record
Abstract
Despite the substantive and procedural differences between public law and private law, the idea of deference by courts to decisions of government actors is a concept common to both fields of law. This article explores the contrasting approaches to deference taken by courts in the context of the public and private law treatment of Canadian building authorities. It argues that there is an undesirable misalignment between deference as expressed in the public and private law treatment of building authorities, and offers a proposal for how this misalignment may be corrected through the alteration of existing principles governing the private law liability of building authorities.
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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 | 0.012 | 0.044 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.014 | 0.035 |
| Scholarly communication | 0.009 | 0.005 |
| Open science | 0.003 | 0.009 |
| Research integrity | 0.008 | 0.008 |
| Insufficient payload (model declined to judge) | 0.002 | 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".