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Class Action Lawsuits

12/21/2009
Chesley F. Crosbie, Q.C.
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Not Giving Up on VLT Class Action


On Saturday December 19, 2009 the Telegram ran a front-page story on the Piercey family's renewed effort to obtain class action certification.  The story was called "Crosbie not giving up on VLT class action", and the reporter was Barb Sweet. 

The earlier attempt to obtain certification was based on the Trade Practices Act.  Justice Dymond ruled that as a crown corporation, the Trade Practices Act did not apply to Atlantic Lottery Corporation.  So, now we are back, this time with allegations based on breach of the Criminal Code, and breach of s. 52 and s. 36 of the Competition Act prohibiting misleading advertising.  Also, unjust enrichment, breach of contract, and breach of duty to warn in tort.

We hope to have a date for the certification hearing set in a case management meeting with Justice Dymond, on January 18, 2010.  Certification is what determines whether a class action can go forward or not.

You can read the Telegram story at the above link.



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