No “Floating Balls” in Ontario Roulette Games

In an April decision, the Ontario Superior Court dismissed a $7.5 million lawsuit challenging the rules applied to roulette games at the Fallsview Casino in Niagara Falls.  Four customers of the casino challenged the casino’s practice of removing a “floating ball” from the roulette wheel when it became hung up near the top rim of the spinning roulette wheel.  Under the casino’s practice, it declares that the game resulted in a “no spin” and the bets are returned to the players.  The principal reason for the practice is to avoid delays in play while the ball spins and spins.

The plaintiffs alleged in 2008 that the “floating ball” policy rendered the game illegal under provincial gaming regulations and also was a fraudulent practice under consumer protection law.  The trial judge granted summary judgment to the casino on a variety of tort claims because the plaintiffs presented no evidence that they had suffered any damages.

The “rules of play” established by the casino and approved by the Ontario Alcohol and Gaming Commission did not address the “floating ball” question until 2011, when a rule was added providing that a ball that floats for three revolutions of the wheel may be called a “no spin” and removed from the wheel.  Because the rules did not address the “floating ball” question earlier, the court ruled that the casino’s practice during those years was illegal.

However, the court also concluded that that the plaintiffs had no viable claim for recovery because the “floating ball” policy did not unjustly enrich the casino since “the bets were always returned to the players whenever the game was stopped.”