Atlantic Lotto Fails in Attempt to Kill VLT Class Action

Atlantic Lotto Corporation has failed in an attempt to get the court to hear an application to strike this class action lawsuit, before the hearing of the certification application.  The record for the certification application has already been filed by the Plaintiffs. 

Justice Dymond reserved on arguments for several weeks, and today handed down a decision in which he refused to go "into the rabbit hole" of motions preliminary to certification.  The key point with the judge is that he did not consider that the application had the potential to end the lawsuit.

As Judge Dymond colorfully said:

[20]  An application which cripples the action, hemorrhages the lawsuit  or  has the result of putting it on life support, may, in rare circumstances, be allowed, even if it does not kill the lawsuit.  This is not the case here.

The plaintiff class, victims of the video lottery terminal deceit, will finally get to argue their case to be certified as a class proceeding.  A long time in coming.