Casino Liability – A New Frontier?
The issue of whether Ontario casinos can be found liable for profiting from losses of problem gamblers is undecided at law. This finding would require the Anns/Kamloops test to be met, such that the circumstances disclose reasonably foreseeable harm and sufficient proximity between the problem gambler and the casino, without the presence of residual policy reasons for negating a duty of care. In 2016, the Court of Appeal for Ontario overturned a summary judgement decision which struck a claim on grounds that the provincial regulator did not owe a duty of care to problem gamblers. Discussed below, the decision has had wide implications and may lead to a novel duty of care in this province.

