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Class Action Lawsuits

5/6/2010
Chesley F. Crosbie, Q.C.
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Atlantic Lotto Tries to Exhaust VLT Plaintiffs

In a recent blog I explained how Justice Dymond had thrown out an attempt by ALC to have the class action lawsuit thrown out prior to certification.  He refused to "go down the rabbit hole" of endless pre-certification hearings. 

Today we found out that ALC wants to seek permission from the Court of Appeal to appeal Justice Dymond's ruling.  The very point of Justice Dymond's ruling was that the certification hearing should be the first order of business in a proposed class action lawsuit.  Now ALC wants further delay so they can appeal that ruling.

But worse is to come - ALC is also proposing to issue a Third Party Notice against six manufacturers of VLT gaming machines.   This will create more complexity in what is already a complex lawsuit, and is intended, in part, to create arguments that the claim is unsuitable for being certified as a class action.  Any way you cut it, it creates the opportunity for plenty more delay and plenty more complexity.  Delay, of course, is a defendant's friend, and the fact that all these extra steps and procedures cost money is just fine with the defendant.  After all, they have plenty of it - money gained from all the wrongdoing we allege in the claim and are trying to get the right to challenge.

People say that class proceedings level the playing field between numerous injured plaintiffs and big, powerful and well financed defendants.  They don't.  Defendants with wrongfully gained money spend it lavishly on their lawyers and take advantage of every procedural right the legal system affords them.  Representative plaintiffs have very little money, and lawyers who believe in the cause and are willing to risk a lot for the prospect of a fee down the road.  A level playing field this is not, but it sure is better than no class actions at all.

Sometimes David can defeat Goliath, and when there are a lot of Davids, the chances of defeating Goliath get even better, but it is never an equal playing field.



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7 Comments to "Atlantic Lotto Tries to Exhaust VLT Plaintiffs"

VLTS RUINED MY LIFE IN NOVA SCOTIA,
AND ALMOST COST ME MY LIFE,I MOVED OUT OF THE MARITIMES 5 YEARS AGO AND HAVE MY LIFE BACK,IT WAS 15 YEARS OF HELL.
Posted by J PAUL on January 20, 2012 at 11:11 PM
I know why they try to avoid complaints.Did you know that a descret employee of ALC has revieled how there dealing with problem gamblers.
They know what game your playing,and then they shut off all payouts,or cut them back.That will depress the player by making them lose every time they play.This they hope will descourage the player,after multi losses.It is also ellegal.It goes to show that they control the software,and who wins.
Many blame the gambler,and try to make a person seen ignorant for saying that its not random by odds.In fact its random by control.VLTS ruin lives bottom line,and they help to hurt people.
The payout is about 10% overall.The palyer is playing thinking he has a chance.VLTS are raking in big cash,and litarally stealing it from addicted gamers.
ALC is, and should be held responsible for damages caused by there use.For every thousand spent the actual average of payout is abot $100-500 if all machines are bieng palyed.Its no wonder there reaping millions more than they should.Much of that money should be going back to the players.They offer no bonuses,or insurance on losses considering the big profits there making.
Those machines were brought here without any education or imformation.Almost all addicted players know the odds of winning are very low.If a person wins 2 times out of every 10 times they play that would be considered lucky.The odds of winning on vlts are almost 0% because a addicted player will be garenteed to lose.The amount of addicted players out there is much more than most think.Since they were given the power to control them,and cut back there payout addicted players are like puddy in there hands of the software provider and controllers .I believe it is a form of abuse.I wish somebody will get there head out of the sand and come back to reality.Our government should be out to help the people.Instead they bring vlts here,and get people to like them,and once there addicted to the wonderful games we will make millions off our own people.Now do you still wonder why they wont respond,or take responsibility.Instead they make ecuses or give you a 800 number,or wesite for problem gamblers.But they will never answer specific questions about there vlt software.Why are games like "royal crowns" not free online? Why no bonuses or offers for regular players? Vlt`s are all take then controll them to take more.Like a selfish person they get greedy,and use "chips" to change the odds.
It is every persons rite to know what they are getting for the thousands they spend ,and lose every year.The damage that vlt`s cause, justifies answers to those questions.I think that this class act lawsuit should grow.Our rights are clearly bieng violated as humans.The government has no right to control or minipulate the people who work hard,and always end up with nothing but depression and bitterness towards vlts.People who feel that way are in the thousands and growing.
Posted by rob on April 21, 2011 at 09:57 PM
Our expert Kevin Harrigan says that his current research is pretty much related to the issue of reinforcement schedules. He will add the concern expressed by Cy Davis to the issues that they are studying at his institute.
Posted by Ches Crosbie on September 16, 2010 at 02:47 PM
We met with Justice Dymond, counsel for the defendant, and all of the lawyers for the various third parties (the manufacturers and developers of VLT games) last week. We agreed that all of the parties will meet again on November 10.

At the next meeting the lawyers for the third party are supposed to come with instructions from their respective clients as to whether or not they wish to participate in the certification hearing. In our view it is quite likely that the third parties will advise us that they wish to participate in the certification hearing. In the event that they take that position, we intend to object to their right to participate and an application will have to be made to the judge to resolve the issue of their participation.

The other order of business at the next meeting will be to set a date for the certification hearing itself. As it is already September the certification hearing will not occur until sometime in 2011.
Posted by Ches Crosbie on September 16, 2010 at 12:49 PM
Thanks to Mr. Davis for his knowledgeable comment. I will pass this on to our expert and let everyone know his response. As to the status of the suit, lawyers for five manufacturers have turned up in the third party action and we will have to argue that they have no role in the certification hearing. We have another meeting set for mid November. Nobody ever said litigation was quick, and we have well funded defendants who wish to exploit every procedural advantage.
Posted by Ches Crosbie on September 14, 2010 at 07:36 AM
What I haven't seen discussed in this suit is the blatent removal of hits or pays especially to the low bet end of the scale . Minimal bet on most games is 5 cents which supposedly awards as much as 50 dollars . This was the case in the first 5 years or so when they brought the games in . THen they systematically REMOVED THE FREQUENCY OF PAYLINES ..especially on the lower end of the bet scale leaving the poor or non gambling recreational players out of the win loop altogether . ALL THE OLDER PLAYERS KNOW THIS > some * years ago or so lLOYD ROBERTSON ANNOUNCED THAT ALC HAD ISSUED A PRESS RELEASE . iT STATED.."NO MATTER WHAT THE MACHINE ELECTRICAL OR MECHANICAL ...THE HIGHER THE BET THE MORE FREQUENT THE PAYOUT . What they didn't tell you was they removed most of the frequency of pays on the low end of the scale . From my long time experience playing these games it didn't take long to see the crafty deceit . The same games have all been systematically changed in the nature of how they pay . A system of bait you with a higher frequency at first then gradually remove the number of paylines .
Posted by Cy Davis on September 13, 2010 at 07:56 PM
sounds good ches
Posted by shawn bown on May 12, 2010 at 04:08 PM

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