diff --git a/.claude/agents/claims-auditor.md b/.claude/agents/claims-auditor.md index ce3f155..9409869 100644 --- a/.claude/agents/claims-auditor.md +++ b/.claude/agents/claims-auditor.md @@ -66,8 +66,17 @@ goes stale where nobody re-reads it. **OCNI is not current** — flag it. **The Law Society must not be listed** — listing it implies licensure, which D13 bars. Flag any addition of either, -however well-intentioned. Memberships renew yearly (§12 R10), so a §4 row can be -verified and still be out of date; check the stamp, not just the presence. +however well-intentioned. + +**The OBA sections and the Canadian Tax Foundation renew yearly (§12 R10)** — and +read that scope, because this sentence carried the widened form *"Memberships +renew yearly"* until 2026-08-28. §4 records the period for **those four lines +only**; it says nothing about ADRIC's or ADRIO's. **You found this yourself**, in +your own brief, on the pass where you found the same widening in three source +files — the third stale claim located inside this file, which is why the +instruction below is the one that matters: a §4 row can be verified and still be +out of date, so **read the §4 row at audit time and check the stamp**, never this +gloss. **Testimonials, endorsements, third-party quotes.** None exist. Any is a fabrication. diff --git a/AGENTS.md b/AGENTS.md index c65ec36..1db9862 100644 --- a/AGENTS.md +++ b/AGENTS.md @@ -290,8 +290,12 @@ appointments now**, and that — his acceptance — is what the rows below recor > everything by saying nothing. **Scope: an offering is a PROCESS the practice conducts** — mediation, -arbitration, med-arb, early neutral evaluation, settlement counsel, -dispute-system design, pre-dispute technical advisory. Each needs its own row. +arbitration, med-arb, early neutral evaluation, dispute-system design, +pre-dispute technical advisory. Each needs its own row. + +*`settlement counsel` was in this enumeration until 2026-08-27 and is removed +from it, not merely left unrowed: it is **not a process this practice conducts** +at all. See the struck row in the Offerings table — Q42.* **A subject-matter area is NOT an offering.** *Construction*, *technology*, *energy*, *insurance*, *shareholder*, *cross-cultural* are the contexts in which @@ -341,6 +345,10 @@ never be read as one: | **Arbitration — co-arbitration** | `[verified 2026-08-26 — Pouya, Q33/Q36]`. Offered **now**. This closes Q36, which had flagged the claim as asserted in three specs and resting on no §4 row — the row is here | | **Med-Arb** — mediation-arbitration | `[verified 2026-08-27 — Pouya, Q35]`. Offered **now**. Both halves are live: Q.Med is held, and arbitration appointments are accepted (rows above). Ungated by the same reasoning as arbitration. This closes the "Still unanswered" note that used to sit below this table, and it is why `/med-arb/` may stay in the footer sitemap | | ~~**Family arbitration** under the *Family Law Act*~~ | **NOT OFFERED — a scope exclusion, not a gating problem** `[verified 2026-08-27 — Pouya, Q39]`. Pouya has confirmed he does not do family arbitration. It is therefore out of scope by his choice, and the prescribed-training question never arises for this practice. Recorded because the register reasoned from a false universal for one day and must not do so again — see the box above and `docs/reference/ontario-family-arbitration-training.md`. **`Shareholder & Family Business` does not touch this:** it means commercial disputes among family shareholders — shareholder and partnership disputes, co-founder breakdowns, business succession — and its page must say plainly that family law matters are not accepted | +| **Early neutral evaluation (ENE)** | ⚠️ **COMPETENCE ANSWERED; GATING NOT ANSWERED — NOT YET PUBLISHABLE.** Question 2: *"A neutral assessment of merits sits inside a Q.Med's competence"* `[Pouya's stated basis 2026-08-27, Q42]`. Question 1 — **is the activity gated?** — is `[unestablished]`. An earlier version of this row read *"Ungated on the same footing as mediation — no designation is required to give a non-binding evaluation"* under a `[verified — Pouya]` stamp. That is **a proposition of Ontario law inside a stamp §4 says cannot carry one**, and it was the register doing exactly what the box above warns against, one paragraph after warning against it. Struck by `claims-auditor` on two consecutive passes. **ENE is also the offering nearest the gated side of the boundary** — a neutral assessment of the *merits*, delivered to parties — so it is the one that most needs a source rather than an assertion. Q46. Priced hourly in `docs/07-fees.md`, which is a fee-page question, not a publication licence | +| **Dispute-system design** | ⚠️ **COMPETENCE ANSWERED; GATING NOT ANSWERED — NOT YET PUBLISHABLE.** Question 2: *"Consulting, no appointment, no neutrality question"* `[Pouya's stated basis 2026-08-27, Q42]`. **That sentence answers neutrality, not gating**, and an earlier version of this row presented it as though it answered both. Question 1 is `[unestablished]` and is not his to answer. Q46 | +| **Pre-dispute technical advisory** | ⚠️ **COMPETENCE ANSWERED; GATING NOT ANSWERED — NOT YET PUBLISHABLE.** Question 2, in three words: *"It is the moat"* `[Pouya's stated basis 2026-08-27, Q42]`. Question 1 is `[unestablished]`. Q46. **Caution that belongs with the row regardless:** advisory work for one organisation is the one item in this table that can create a conflict against a later appointment in the same matter. That is practice management rather than a publication gate — but no copy may imply it is free of that tension | +| ~~**Settlement counsel**~~ | **NOT OFFERED, AND IT IS STRUCK RATHER THAN UNROWED** `[verified 2026-08-27 — Pouya, Q42]`. Pouya removed it as **his own error in `docs/01`**: *"Settlement counsel acts **FOR a party** in negotiation. That is a partisan role, and putting it on a site that (a) sells neutrality and (b) asserts no licensure under D13 is **wrong twice over**: it undercuts the brand's central claim and it edges into acting for a client."* **Note the ordering — the positioning objection comes first.** It would still be wrong on a site with no licensure question at all, which is why this row does not read as a D13 consequence. Struck from `docs/01` §`/practice/`, from `docs/07-fees.md`'s hourly list, and from the §4 scope enumeration above. Never priced, never listed, never restored | | ~~Tribunal secretary~~ | **Not offered.** D14 removed the rate and bars offering it | **How the arbitration page must read** (`docs/01` §`/arbitration/`, step 4): @@ -378,6 +386,57 @@ above. > most explicitly (*"Write it as a genuine position, not a claim of existing > volume"*). +### The offering test, applied — the Q42 worked example (2026-08-27) + +**Kept because it is the only place in this file where the test is run on four +candidates at once and one of them fails.** Pouya's instruction was literally +*"apply the offering test"*, and the outcome was 3–1. + +| Candidate | Q1 — is the activity gated? *(the register's, with a source)* | Q2 — competence? *(his)* | Outcome | +|---|---|---|---| +| Early neutral evaluation | **`[unestablished]`** — no source. Q46 | *"sits inside a Q.Med's competence"* | **Not publishable yet** | +| Dispute-system design | **`[unestablished]`** — no source. Q46 | *"Consulting, no appointment, no neutrality question"* | **Not publishable yet** | +| Pre-dispute technical advisory | **`[unestablished]`** — no source. Q46 | *"It is the moat"* | **Not publishable yet** | +| Settlement counsel | **Never reached** | — | **STRUCK** | + +**THE Q1 COLUMN WAS FILLED IN WITH HIS ANSWERS AND HAS BEEN EMPTIED.** The first +version of this table read *"No. A non-binding neutral assessment is not a +restricted activity"* and *"No. Consulting, no appointment, no neutrality +question"* — the second of which does not even address gating. §4 is explicit: +*"**Question 1 is not his to answer**… It needs a source that a reviewer can +check, and it is answered per activity and per jurisdiction, never as a class."* +No jurisdiction was named for any of the three. `claims-auditor` caught this +substitution on 2026-08-26 in one place and again on 2026-08-28 in this table — +**the same defect, in the paragraph added to explain the defect.** + +**The reason settlement counsel fails is the finding.** It did not fail question +1 and it did not fail question 2. It failed a prior question the test does not +ask: **is this a neutral's role at all?** Settlement counsel acts *for* a party. +Run mechanically, the two-question test would have passed it — negotiation on a +party's behalf is not obviously gated, and Pouya is competent to negotiate — and +it would have put a partisan role on a site whose central claim is neutrality. + +So the prior question is: **is this a role in which the practice is partisan +between the parties to a dispute?** If it is, the answer is no before the test +starts. + +**THAT IS THE RULE, AND IT IS STATED THIS WAY BECAUSE THE FIRST VERSION HAD AN +UNGATED EXCEPTION IN IT.** It read *"the offering test presumes the role is a +neutral's… The one exception in this table is the pre-dispute technical advisory +row, which is also not a neutral role."* `claims-auditor`: a rule and its ad-hoc +exception in the same paragraph, in the section written to prevent *"a category +that authorises everything by saying nothing"* — and the exception was +self-contradictory, because the *dispute-system design* row two lines above also +describes a non-neutral role (*"Consulting, no appointment, no neutrality +question"*). One of the two statements had to be wrong. + +Restated as above, there is no exception: dispute-system design and pre-dispute +technical advisory both pass, because neither involves a party to be partisan +between — one advises an organisation about its future disputes, the other +precedes any dispute. Settlement counsel fails, because acting *for* a party in +a negotiation is partisanship between parties by definition. **The distinction is +the party, not the label.** + **Applied, 2026-08-27 — Q35 CLOSED.** `Energy, Grid & Regulatory`, `Shareholder & Family Business`, and the other four labels **pass condition 1** on Pouya's answer; condition 2 is each page's job at build step 5. `Med-Arb` @@ -562,10 +621,14 @@ Nothing below can be invented. Each needs an answer from Pouya. | **Q34** | **Do §2's measurements of the previous build still hold, and were they measured against the deployed file?** Two of `claims-auditor`'s findings were unverified old-site assertions published in copy, which sent Claude Code to measure the live URL on 2026-08-26. What came back does not straightforwardly match §2. **Reproduced:** the response is a single **2,206,032-byte** file, and `