Open AccessWhen Should Casinos Owe a Duty of Care Toward Their Patrons?
Author(s) -
Erika Chamberlain,
Robert R. Simpson,
Garry Smith
Publication year - 2019
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2542
Subject(s) - duty , estate , business , liability , appeal , loyalty , duty of care , advertising , law , law and economics , economics , marketing , political science , finance
With the release of the Ontario Court of Appeal’s decision in Paton Estate, the possibility was left open for a casino to be found to owe a duty of care to patrons who gamble excessively. This article explores the circumstances under which the Anns/Cooper framework could be applied to find that such a duty exists. Specifically, where the gambler is a member of a casino’s customer loyalty program, thereby imputing knowledge of extreme gambling behaviour on the casino, and where the casino has no reason to believe the patron’s losses are sustainable, a duty of care should be imposed. Liability should follow in cases where the casino knowingly contributed to or deliberately ignored these losses.