The plaintiffs in two certified class actions regarding allegedly illegal bingo licence fees brought a motion to restrict the defendants' multi-media opt-out campaign.
The defendants, the City of Windsor and the Town of Tecumseh, launched an extensive campaign including newspaper ads, websites, and direct mailings, urging potential class members to opt out to save taxpayers from a potential $70 million uninsured damages award.
The court found that while defendants have a right to communicate with class members, the campaign went too far by pitting taxpayers and organizations against each other, creating undue influence.
The court ordered the defendants to add hyperlinks to the class action websites on their materials and directed that class members who had already opted out be given an opportunity to reconsider, but declined to impose broader communication restrictions.
