Fee Agreements and fee Approval in Ontario Class Proceedings
Bibliographic record
Abstract
The paper discusses several issues surrounding fee approvals including the methods for calculating fees, the factors courts consider, the nature of risks in class proceedings, and confidentiality. The paper presents two ideas for the reader’s consideration. First, courts have underemphasized the terms of the retainer agreement with the representative plaintiff in setting class counsel fees. These agreements should play a more central role. Second, there is too great a focus in fee approval hearings on reconciling the fees counsel receives by percentage recovery and through the use of a multiplier. The different approaches to calculating counsel fees are a factor in assessing the reasonableness of fees, but courts should avoid allowing reconciliation to dominate the analysis.
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 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.006 | 0.006 |
| Science and technology studies | 0.011 | 0.009 |
| Scholarly communication | 0.013 | 0.004 |
| Open science | 0.003 | 0.003 |
| Research integrity | 0.004 | 0.003 |
| Insufficient payload (model declined to judge) | 0.010 | 0.001 |
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".