Canadian Supreme Court case to be intervened by CGA

The Supreme Court of Canada has granted a Canadian Gaming Association motion to intervene within ongoing lawsuit with the Atlantic Lottery Corporation Inc versus Babstock.

CGA will be intervening in the  support of the appellants and its video lottery machine and software suppliers in the case. This has is following an application which was brought by Douglas Babstock and Fred Small.

The proposed class action alleged harm by video lottery terminals which offered line games similar to slot machines, highlighting seven causes of action, including breach of contract, negligence, unjust enrichment and waiver of tort.

The Atlantic Lottery appeal has come to involve a class action which alleges that it must disgorge the profits it has earned from its video lottery terminals on the theory that they violate the prohibition on three-card monte. This is prohibited under the criminal code without exception, and are not exempted by its conduct and manage power.

Paul Burns, president and CEO of the Canadian Gaming Association said: “This will be an important appeal for the gaming industry as a whole, and an excellent opportunity to persuade the Supreme Court to implement a clear and balanced approach to this part of the Criminal Code.

“I am pleased the association will be able to support our industry, as the CGA’s standing will ensure that the perspective of the Canadian gaming community is represented, and we can ask the Supreme Court to adopt a principled framework that benefits the industry as a whole.”

The CGA is represented by McCarthy Tetrault LLP, with Brandon Kain, partner, Litigation Group at McCarthy Tetrault, commenting: “We are very excited to represent the CGA in this important appeal. We look forward to drawing on its deep expertise in the gaming industry to craft a compelling submission to the Supreme Court.”

The CGA pointed to nationwide benefits last week of a legalised, regulated gaming as the  group backs calls made to see the introduction of single-event sports betting.

This comes as the not-for-profit organisation welcomes comments made by Windsor West Liberal candidate Sandra Pupatello, who has called for an amendment to the criminal code to permit single-event sports betting, stating “there is no reason to hold back on this initiative.”

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