Status of Canadian Compulsive Gambling Litigation
http://www.gamingresearchpartners.co...Litigation.pdf
Litigation by compulsive gamblers has become increasingly more frequent. There are
cases pending in France1 and Australia.2 In Austria, a compulsive gambler has been
successful in litigation against Casinos Austria.3 Interestingly, compulsive gamblers have
generally been unsuccessful in the United States.
In Canada, there have been approximately five lawsuits filed by compulsive gamblers
against gaming operators or casinos. Because most gaming operations and casinos in
Canada are government sponsored, the government or some branch or association thereof
will be a defendant in any claim naming a gaming operator or casino. Of the five lawsuits
filed, three are or were in Ontario; the other two claims are in Nova Scotia and Quebec.
The courts in Canada may unwittingly provide a solution to the government’s failing
to adequately address problem gambling. Where the government has failed to provide for
problem gambling, ignoring the social costs, the class action claims previously discussed
may ensure that the issue is no longer ignored or diminished. Any orders made to the
benefit of the plaintiff would result in serious cuts to the revenues generated by the
government. By forcing the hand of the government in this manner, the courts are also
effectively enticing the government to provide better programs for problem gambling
through their positive treatment of class actions claims.