Gambling Losses
Irving Solnik’s client, a young woman of modest means, was recently divorced and fell into a state of depression and went to an Ontario casino to try and rid herself of the depression caused by the divorce or to take her mind off the divorce and other perhaps related problems. The divorce resulted in the sale of her condominium and her share of the proceeds was substantial.
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During the time she was gambling she was induced to gamble by a casino executive who frequently called her on her cell phone and likewise approached her at the blackjack table where she was playing.
He kept offering her free drinks and dinners with him until she became very upset because she was on a winning streak that the casino executive tried to break.
She could not concentrate on blackjack with the constant and numerous interruptions and ended up losing about $210, 000.00 that she could not afford.
She became desperate and even more depressed than she was when she came to the casino and finally left-broke.
Several days thereafter she retained Irving Solnik to act for her in order to try and retrieve her losses. After examining the rules and law relating to the actions of the casino executive and found, or so Mr. Solnik believed, that she had the makings of a strong case against the executive and the casino and Mr. Solnik is instituting legal actions against both.
The reason why Irving Solnik added casino gambling to his law practice is because there are obviously many men and women who are induced to gamble so that the casinos will profit-a civil wrong or tort committed against them.
The case law now appears that a duty of care is owed to problem gamblers by casinos and problem gamblers apparently are those who have registered with casinos to prohibit them from gambling to excess, drinking to excess and certain other failings or weaknesses.
Yet it appears that such problem gamblers are induced to play by casino executives or other employees. What about others who have not registered with casinos as problems gamblers?
Unfortunately there virtually no cases or case law in Ontario and in Irving Solnik’s opinion it is because virtually all cases are settled in one way or another before they go to trial.
Thus not only does Irving Solnik address known problem gamblers but others who are compelled for a variety of reasons to gamble-such as men and women who have become addicted to gamble, are depressed or other health factors that compel them to gamble.
Such gamblers are usually recognized by casino’s staff and there is no onus on the casinos to restrict them from gambling. In all likelihood they are induced to gamble by a variety of means-free drinks, free food, invitations to dinner and other ways.
Based on Irving Solnik’s interpretation of the law the casinos owe a duty of care to such gamblers and to prevent them from overdosing in their gambling and suffering substantial losses.
Therefore Irving Solnik submits that many casino gamblers who lose heavily may well have legal grounds to sue Ontario casinos for substantial damages including punitive damages especially the men and women who are enticed to gamble and lose heavily.
Obviously casinos do not want such cases because they may well create adverse publicity in the various news media or otherwise, because such would in all likelihood create a flood of lawsuits against casinos. Thus Irving Solnik suggests if law suits against casinos are instituted and followed through, the casinos will probably settle such cases before they start a trial to avoid adverse or undesirable publicity about such legal actions.
If you fit into any of the categories of suffering heavy casino gambling losses you could recover your losses and punitive damages if the matters were heard by the courts.
Again Irving Solnik suggests that the casinos will strongly desire to settle before the lawsuits are written about by the news media. Consequently if you have suffered heavy casino gambling losses that you cannot afford, Irving Solnik suggests that you call him for an appointment. Irving Solnik is on call until 10pm evenings and weekends too. Don’t hesitate, call Irving Solnik today 416-222-8509 or toll free at 800-557-0678.
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