Frequently Asked Questions
1. What is a class action?
Answer: A class action is a special form of legal proceeding in which a representative plaintiff (or plaintiffs) initiates a civil action that will make binding decisions on one or more common questions of fact or law that can then be used to determine the legal rights of a large number of persons.
2. What happens in a class action?
Answer: The first step is for the representative plaintiff to issue a statement of claim that explains what the lawsuit is about and the facts that the representative plaintiff will rely upon to establish the defendant’s liability. This statement of claim is delivered to the defendant.
In order to proceed as a class proceeding, the action must be “certified” by the court. If the defendant wishes to oppose a representative plaintiff’s attempt to have the action certified as a class proceeding (which they generally do), this decision is made by the court after hearing arguments from both sides.
If the action is certified as a class proceeding, the representative plaintiff must also present the court with a proposed "plan of proceeding" (or "litigation plan") for approval. This litigation plan must provide a workable plan for moving the litigation forward and bringing it to conclusion for the proposed class members.
If the class action is certified, the court will order that notice be given to the class members so that they can decide whether they want to participate in the class proceeding.
3. Does this class action affect my rights?
Answer: If the proposed class action is certified by the court and you fall within one of the class definitions set out in the statement of claim for the certified class action, then the class action will affect your rights. You will have a limited period of time (that will be set by the court) to decide whether you want to participate in the class action. If you do not want to participate in the class action, then you must "opt out" within the time period specified by the court. If you do not "opt out" within the time period established by the court, then you are automatically considered to be a class member and you will be bound by the outcome of the class action.
4. How do I participate?
Answer: At this point, the statement of claim for the proposed class action against the Ontario Lottery and Gambling Corporation (OLG) commenced by Peter Dennis and his wife, Zubin Noble, has been delivered to OLG but has not yet been certified by the court.
If you think that you may fall within the definition of class members set out in the statement of claim, then you may wish to register for our notice list. As long as you provide us with your current contact information (and ensure that it is updated to reflect any changes), then we will provide you will direct notice by mail to the address you provide if this class proceeding is certified.
You should also check this website regularly for updates on the Status of the Case.
5. Do I have to pay money to participate?
Answer: You do not have to pay money to register on this website so that you receive direct notice by mail at the address you provide if this class proceeding is certified.
If the class action is certified and results in an award of damages to the representative plaintiffs and class members, either by settlement or by trial of the action, the lawyers acting for the plaintiffs will be paid legal costs for bringing the proceeding as approved by the court.
If the class action is not certified or does not result in an award of damages to the representative plaintiffs and class members, individual class members will have no responsibility to pay any legal costs.
6. Will I have to appear in Court?
Answer: It is possible that you will have to appear in Court at some point in the process. At this point it is too early to predict how the process will unfold. In general, however, the representative plaintiffs are the class members who will appear in court in support of the class proceeding if this is necessary.
If you have any further questions please, contact us.