The reconciliation of class actions, commercial arbitration and consumer rights
Bibliographic record
Abstract
This thesis argues that Canadian legislation should allow arbitration to settle consumer class actions, especially in light of the Dell case. In 2007, the Supreme Court of Canada held that an arbitration clause in a consumer contract may be valid and enforceable despite being in a contract of adhesion and regardless of whether certain rules to be applied during the arbitration are in the nature of public order. Although principles of arbitration generally allow parties to select applicable substantive and procedural rules, this thesis argues that in the case of arbitration of consumer class actions Canadian legislation should make some of the applicable rules imperative. After outlining and discussing the importance of contractual stability and the advantages to consumers of arbitration, this thesis concludes that, for these and other reasons, it is essential to enforce arbitration clauses in contracts of adhesion with consumers and suggests criteria to evaluate the fairness of the arbitration decision.
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 | 0.011 | 0.011 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.008 | 0.053 |
| Scholarly communication | 0.012 | 0.007 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.004 | 0.004 |
| Insufficient payload (model declined to judge) | 0.007 | 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".