Champions With Heart.

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.

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Court Orders Production of Plaintiff’s Social Media Content

The attitude in our courts towards social media has shifted drastically for the worse over the last decade. In 2012, for example, content from “private” social media sites was perceived as exempt from disclosure to the defendant. Plaintiffs were understood as justified in restricting access to the content.
Recently, Master Short revisited this contentious topic in Isacov et al v. Schwartzberg (2018 ONSC 5933). The plaintiff was injured in 2012 when the defendant motor vehicle ran over her foot. She claimed that her ongoing impairments prohibited her from continuing her career as a professional ballroom dancer because she was unable to wear high heels.

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