Canadian Man Sues Province, Operators for Promoting VLTs

Taking aim at the spread of video lottery terminals (VLTs) in Nova Scotia, a Halifax resident and alleged compulsive gambler is seeking to hold the province and state-sponsored gaming corporations liable for the consequences of his alleged “addiction” to VLTs. 

According to his statement of claim, Bernard Patrick Joseph began using VLTs in local bars and convenience stores in 1991. Shortly after, Joseph claims he “became addicted to playing video lottery games and was playing them on a regular basis.”  After playing for six years, Joseph lost his job, his wife and all of his assets; he sought treatment in 1998. 

In his statement of claim, Joseph describes VLTs as “inherently dangerous” and “an extraordinary peril” and attacks the government for promoting VLTs in Nova Scotia without taking into account their potential to foster problem gambling. He alleges that VLTs “are designed … so as to attract and encourage excessive amounts of play” and to deceive users by “distort[ing] the true probability of results.”  Because of this, Joseph asserts the “ordinary use” of VLTs has caused an outbreak of “addictive and/or problem gambling” resulting in “serious disturbances to the player at the organic and psychological levels.”

After asserting that Nova Scotia has a “duty to protect residents … from the potential harm associated with addictive gambling,” Joseph alleges that Nova Scotia breached that duty in several ways:

• Nova Scotia was negligent in legalizing and promoting VLTs without analyzing the potential harmful effects, including problem gambling.
• Nova Scotia exacerbates the situation by allowing the placement of VLTs in bars, taverns, Laundromats, bowling alleys and convenience stores, making it nearly impossible to avoid the machines.
• Nova Scotia has failed to provide enough facilities as well as funding for problem gambling treatment.

In addition, Joseph presents a product liability theory:  Because consumers do not perceive VLTs as an “obvious danger,” he claims Nova Scotia has a duty to warn consumers about the “addictive qualities” of the products. Joseph further contends that since VLTs are “inherently dangerous” products, strict liability should apply. 

Finally, Joseph claims Nova Scotia breached its “fiduciary duty” to its residents to protect them from the dangers of problem gambling.