July 20, 2022

Recent Decision - Successful Defense of Appeal to Divisional Court

Josh was recently successful representing two individuals in an Appeal brought by a casino, regarding a Small Claims Court decision they had previously won.

The casino was contesting the original judgment, which had ordered the casino to pay out a higher amount than what had been given to them after a winning hand in poker. The casino argued that the payout odds contained in the official rules, which were not readily available to patrons, should supersede the odds listed on the table where the game is played.

Alternatively, they argued that the customers' interpretation of the odds listed on the table was incorrect.

On appeal, Josh successfully argued that the doctrine of contra proferentem should apply, and that his clients' interpretation of the payout odds listed on the table was correct.

The Judge's decision upheld the original judgment, agreeing with Josh's submissions regarding the contract formed between the parties involved, and the application of several established facets of contract interpretation.

See the Judge's full decision here:

https://www.canlii.org/en/on/onscdc/doc/2022/2022onsc1096/2022onsc1096.pdf

About the Author:

Cori Fenwick is an associate lawyer in Ottawa.

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