The Supreme Court of Canada has approved a motion submitted by the Canadian Gaming Association (CGA) to intervene in the Atlantic Lottery Corporation Inc. v. Babstock case. 

The CGA, which will be represented by McCarthy Tetrault LLP, will intervene in support of the appellants, the Atlantic Lottery Corporation (ALC) and its video lottery machine and software suppliers.

“This will be an important appeal for the gaming industry as a whole, and an excellent opportunity to persuade the Supreme Court to implement a clear and balanced approach to this part of the Criminal Code,” said Paul Burns, President and CEO of the Canadian Gaming Association. 

“I am pleased the association will be able to support our industry, as the CGA’s standing will ensure that the perspective of the Canadian gaming community is represented, and we can ask the Supreme Court to adopt a principled framework that benefits the industry as a whole.”

An appeal, submitted by the Atlantic Lottery, will involve a class action alleging that ALC must disgorge all profits earned from its video lottery terminals. 

Atlantic Lottery believes that that they violate the prohibition on three-card monte of the Criminal Code and are not exempted by its conduct and manage power. 

“We are very excited to represent the CGA in this important appeal,” said Brandon Kain, partner, Litigation Group at McCarthy Tetrault LLP.

“We look forward to drawing on its deep expertise in the gaming industry to craft a compelling submission to the Supreme Court.”