To Certify or not to Certify: Third Parties, Necessary Parties, and the Certification of Class Actions in Common Law Canada
Bibliographic record
Abstract
Canadian common law courts have taken a handful of approaches in class certification proceedings where third or necessary parties are involved. The caselaw demonstrates that Canadian common law courts have generally been less willing to certify class actions where third parties are involved or where necessary parties have not been named as defendants in the main action. The Ragoonanan rule may also incidentally prevent class certification where there are third or necessary parties. In this paper, the three principal goals of class actions are reviewed and applied to class certification proceedings involving third or necessary parties. Considering the principals of class actions, should the existence of third or necessary parties prevent the certification of a class action?
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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 | 0.020 | 0.048 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.012 | 0.014 |
| Science and technology studies | 0.005 | 0.010 |
| Scholarly communication | 0.009 | 0.003 |
| Open science | 0.003 | 0.002 |
| Research integrity | 0.003 | 0.004 |
| Insufficient payload (model declined to judge) | 0.003 | 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".