The appellants sought to certify a class action against the Ontario Lottery and Gaming Corporation on behalf of problem gamblers who had signed self-exclusion forms but were subsequently permitted to enter gambling venues and suffered losses.
The action alleged breach of contract, negligence, and occupiers' liability.
The Court of Appeal upheld the lower courts' decisions denying certification, finding that the claims required highly individualized inquiries into each class member's vulnerability, gambling history, and personal autonomy.
The court concluded that a class proceeding was not the preferable procedure as the common issues would not significantly advance the litigation.
