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Status of the Case

  1. Statement of Claim: On June 9, 2009 Peter Dennis and Zubin Noble issued their Statement of Claim against the Ontario Lottery and Gaming Corporation. The Claim has since been amended, most recently on December 9, 2009. Download.


  2. Certification Motion: The Plaintiffs' motion for certification of their action as a class proceeding was heard by Justice M.C. Cullity of the Ontario Superior Court from January 13 to 15, 2010.


  3. The Honourable Justice M.C. Cullity's decision on the Certification Motion dated March 15, 2010. Read here.


  4. The Plaintiff's Notice of Appeal dated April 14, 2010. Read here.


  5. The Honourable Justice M.C. Cullity's Endorsement on Costs dated May 21, 2010. Read here.


  6. Divisional Court Appeal: The Court released its decision dismissing the Plaintiffs' appeal on December 2, 2011. Two judges of the Court ruled in favour of the Defendants OLG, and one judge ruled in favour of the Plaintiffs. Read here.


  7. Court of Appeal for Ontario: The Plaintiffs must seek leave (i.e., permission) from the Court of Appeal for Ontario in order to appeal the Divisional Court's decision. The Plaintiffs will do so, and anticipate that their motion for leave to appeal will be heard and determined by the Court in early 2012.