Supreme Court Denies Leave In Self-Identified Problem Gamblers Class Action – Class Action Remains Uncertified

Co-author: Lidiya Yermakova (Student-at-law)

In Dennis v. Ontario Lottery and Gaming Corporation, 2013 ONCA 501, the Ontario Court of Appeal dismissed the appeal of an unsuccessful certification motion. The class action was commenced on behalf of residents of Ontario and the United States, or their estates, who signed self-exclusion agreements with the Ontario Lottery and Gaming Corporation ("OLG") between December 1, 1999 and February 10, 2005. Under the self-exclusion agreements, OLG was required to use its "best efforts" to prevent these individuals from entering its premises – with the intention of preventing these "problem gamblers" from engaging in their compulsive gambling behaviour. Despite these agreements, some individuals returned to the facilities, entered, and lost money ranging from small amounts to large amounts, allegedly resulting in financial ruin.