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On June 9, 2008 Peter Dennis and his wife, Zubin Noble, issued a Statement of Claim in the Ontario Superior Court of Justice to begin a class action against the Ontario Lottery and Gambling Corporation (OLGC).
Dennis and Noble have put themselves forward as representative plaintiffs in this class action, to seek compensation for all compulsive gamblers in Ontario and the United States who signed self-exclusion agreements with the OLGC from December 1, 1999 to February 10, 2005 but were nonetheless re-admitted to OLGC gambling venues.
Dennis and Noble allege that although the OLGC contracted with individuals who signed these agreements to use its best efforts to deny them entry to all OLGC gaming venues across Ontario, it failed to do so. The plaintiffs allege that the OLGC relied on memory-based enforcement (i.e., sharing pictures with staff members who were expected to recognize and exclude all such individuals from OLGC gambling venues) to fulfill its obligations despite the fact that it knew, or should have known, that such efforts were likely to be ineffective. The plaintiffs also allege that the OLGC knew, or should have known, that the failure to use its best efforts to deny entry to OLGC venues to such individuals would result in serious health, social, financial, legal, educational and employment-related harms to compulsive gamblers and their family members.
In July 2007 the Honorable Madam Justice MacDonald released her decision, in Treyes v. OLGC [2007] O.J. No. 2772. She pronounced on claims asserted by a compulsive gambler. The compulsive gambler was given re-entry to the OLGC's casinos after he signed a self-exclusion form which form is materially identical to the self-exclusion forms pleaded in this Statement of Claim in this class proceeding (see Statement of Claim below). The Court held as follows:
"Mr. Treyes signed a Self Exclusion agreement with the OLGC on September 2, 2000. In this agreement OLGC contracted to use its best efforts to deny Mr. Treyes entry to all of OLGC's gaming venues in the province of Ontario. Contrary to the agreement Mr. Treyes was permitted access to Woodbine and Mohawk where he sustained the losses claimed in the Statement of Claim dated May 26, 2005." Read more.
To read a copy of the Amended Amended Statement of Claim, Click here.
To register as a potential class member, Click here.