Today the Supreme Court of Canada published reasons for judgement finding that there is no recognized cause of action for “waiver of tort” in Canada.

In today’s case (Atlantic Lottery Corp. Inc. v. Babstock) the Plaintiff sought to certify a class action against the Defendants for damages from gambling after playing video lottery terminals.  Establishments that used the terminals had to be licenced by the Defendant.  Among the Plaintiff’s claims were that the gaming devices were dangerous and tricked players.

The plaintiff sought disgorgement of the Defendants profits relying on the concept of ‘waiver of tort’.  The Supreme Court of Canada overturned lower court decisions and found the purported class action should not be certified as it had no realistic chance of success.  In clarifying some confusion and confirming that ‘waiver of tort’ is not an independent cause of action in Canada but simply a potential remedy in appropriate circumstances where an established cause of action is made out the majority provided the following reasons: