Ontario Court of Appeal Weighs in on Claim Advanced by Problem Gamblers

Written by Amanda C. McLachlan and Ranjan K. Agarwal

On July 31, 2013, problem gamblers in Ontario were denied certification of a proposed class action commenced against the Ontario Lottery and Gaming Corporation.  Writing for a unanimous panel in Dennis v Ontario Lottery and Gaming Corporation, Justice Robert Sharpe dismissed a proposed class action commenced by individuals who signed a self-exclusion form restricting their access to OLGC sites.

The Court of Appeal's decision in Dennis is a clear reminder to class action plaintiffs that the hurdle imposed by section 5(1) of the Class Proceedings Act will serve as a roadblock for cases advancing only tenuous claims of systemic liability.  Notwithstanding growing criticism following a number of decisions that appeared to create a "plaintiff friendly" zone for certification in Ontario, where certification fails to advance the goals of the CPA or will require resolution of a multitude of individual issues, the recent decision of the Court of Appeal in Dennis suggests it will be denied.

Click here to read an in-depth article on this decision.