Loto-Quebec Class Action Grinds On

Now entering its sixth year, the class action filed by a self-described compulsive gambler against Loto-Quebec is still on track for a trial in February 2007, though the trial date could well slip.  Brought by lawyer Jean Brochu, the Quebec Appeals Court recently ruled in favor of an effort by the defendant to explore the medical histories of a sample of the class members.

Brochu brought his action on behalf of more than 119,000 alleged compulsive gamblers in Quebec Province and has demanded more than $500 million for Loto-Quebec's alleged failure to warn of the addiction risks posed by video lottery terminals (VLTs).  The appeal issue arose as part of Loto-Quebec's effort to challenge the class certification granted in the lawsuit.

The trial court had granted Loto-Quebec's counsel the right to question 20 alleged members of the class about their pathological gambling. However, the defendant was not allowed to review the medical records of the class members.  The appellate court allowed Loto-Quebec to preview those medical records, though it stressed that a class member could shelter his or her medical records by withdrawing from the lawsuit.

Three gambling machine manufacturers – IGT, WMS Gaming, and Spielo (acquired by GTECH) – have been brought into the lawsuit as third-party defendants.