Class action lawsuit claiming Atlantic Lottery VLTs 'deceptive and illegal' certified by N.L. judge

Two VLT users are a big step closer to suing the Atlantic Lottery Corporation for practices they claim are deceptive, dangerous and illegal.

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Supreme Court of Newfoundland and Labrador Justice AlphonsusFaourhas certified a class action lawsuit that names Douglas Babstock, of Mount Pearl, and Fred Small,of Gander, as class representatives.

Some basis in the evidence of deception and misrepresentation in the offering of these games.- Alphonsus Faour

"The plaintiffshave asserted a claim which rests on allegations of misrepresentation and deception in the offering of games which they say may cause harm," said Faourin a written decision.

"The plaintiffs have persuaded me that their conceptualization of this case is workable, and can be considered on the merits of the case as framed."

Problemgambling researcher

In his decision, the judgereferences Dr. Kevin Harrigan, a research associate professor at the University of Waterloo, who has studied "problem gambling."

"Based on the affidavit of Dr. Harrigan, there is some basis in the evidence of deception and misrepresentation in the offering of these games to the public," wrote Faour.

Ancient act cited

Lawyers for the plaintiffs, ChesCrosbie and Michael Dull, reached deep into the past to find a remedy for theirclients. Their application references a more than 300-year-oldact for the better preventing of excessive and deceitful gaming.

The actknown as the Statute of Anne, 1710, or the Gaming Act, 1710,permits anyone who has lost moneygaming to sue for and recover three timesthe value of themoney they lost.

"The defendant rightly points out that the act may not be in force in the province at this time in history. The plaintiffs will have to make the argument for its applicability at trial," wrote Faour.