Panacea or Pandemic: Comparing “Equitable Waiver of Tort” to “Aggregate Liability” in Cases of Mass Torts with Indeterminate Causation
Bibliographic record
Abstract
The equitable doctrine of “waiver of tort”, in which a plaintiff surrenders the right to tort damages and seeks instead a disgorgement of the defendant’s wrongful profits, has received a mixed reception in Canadian courts. In this article, the author explains the doctrine and its difficult history, and proposes that the problem against which waiver of tort is usually being applied — indeterminate causation in mass tort claims — is very real. However, the author concludes that the use of the doctrine of waiver is a partial solution at best, and advocates instead for a more fundamental rethinking of our approach to causation in class actions
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.
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 | 0.019 | 0.062 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.004 | 0.003 |
| Science and technology studies | 0.002 | 0.018 |
| Scholarly communication | 0.005 | 0.016 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.006 | 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".