The Limits of Case Management: A Review and Principled Approach to the Court’s General Management Powers
Bibliographic record
Abstract
Abstract: Courts across Canada have been given a broad general management power to address the unique procedural complexities of class actions. Courts have used these powers to make a variety of orders, but seldom with any express linkage to any underlying principles or normative rationale. In this article, we identify some underlying principles and propose a four-step test for when courts should exercise these general management powers. First, the general management power can only be used to make procedural orders. Second, the general management power cannot be used in a manner that conflicts with the class proceedings legislation from which it springs. Third, the general management power can be used to override the normal rules of civil procedure, but only if the divergence can be justified by reference to the unique nature of class actions. Fourth, the court’s discretion should be guided by the effect of an order on the fairness and the efficiency of the proceeding.
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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 | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| 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) | 0.000 | 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".