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ARTICLE · 05 APRIL 2010

Ontario Court Interprets Exclusion Clause, Denies Motion for Class Certification

Davies Ward Phillips & Vineberg LLP
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On March 15, 2010, Justice Cullity of the Ontario Superior Court of Justice issued his decision in "Dennis v. Ontario Lottery and Gaming Corporation".

CanadaLitigation, Mediation & Arbitration
Matthew Milne-Smith
Matthew Milne-Smith
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On March 15, 2010, Justice Cullity of the Ontario Superior Court of Justice issued his decision in Dennis v. Ontario Lottery and Gaming Corporation.1 Justice Cullity's decision declined to certify as a class proceeding an action brought on behalf of individuals who signed a "self-exclusion" form at an OLG gaming facility2 between December 1, 1999 and February 10, 2005. The decision offers important guidance on the interpretation and applicability of "exclusion of liability" clauses, and on the requirement in class proceedings that there be a rational connection between the class definition and the proposed common issues.

Background

Since casino gambling was introduced in Ontario in 1994, the Province of Ontario has recognized, and adopted various measures to address, the social costs of gambling. Among those measures has been a "self-exclusion" program whereby gamblers consent to being denied entry to OLG gaming facilities. Self-exclusion is a service offered by

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