TORONTO, ON, October 11, 2019 – The Supreme Court of Canada has granted the Canadian Gaming Association (CGA)’s motion to intervene in the Atlantic Lottery Corporation Inc. v. Babstock. The CGA will intervene in support of the appellants, the Atlantic Lottery Corporation (ALC) and its video lottery machine and software suppliers. The CGA is represented by McCarthy Tetrault LLP.

“We are very excited to represent the CGA in this important appeal,” said Brandon Kain, partner, Litigation Group at McCarthy Tetrault LLP. “We look forward to drawing on its deep expertise in the gaming industry to craft a compelling submission to the Supreme Court.”

The Atlantic Lottery appeal involves a class action which alleges that ALC must disgorge the profits it has earned from its video lottery terminals on the theory that they violate the prohibition on three-card monte of the Criminal Code and are not exempted by its conduct and manage power.

“This will be an important appeal for the gaming industry as a whole, and an excellent opportunity to persuade the Supreme Court to implement a clear and balanced approach to this part of the Criminal Code,” said Paul Burns, President and CEO of the Canadian Gaming Association. “I am pleased the association will be able to support our industry, as the CGA’s standing will ensure that the perspective of the Canadian gaming community is represented, and we can ask the Supreme Court to adopt a principled framework that benefits the industry as a whole.”


About the Canadian Gaming Association

The Canadian Gaming Association (CGA) is a national trade association that works to advance the evolution of Canada’s gaming industry. The association’s mandate is to promote the economic value of gaming in Canada; use research, innovation, and best practices to help the industry advance; and create productive dialogue among stakeholders.

For further information please contact:

Paul Burns, Canadian Gaming Association

(416) 579-3922

[email protected]