Xaidsart lawyers Brendan van Niejenhuis and Fredrick Schumann today secured an important decision refusing to allow the class action plaintiffs to expand the scope of damages they seek to recover in ongoing proceedings against the City of Windsor and Town of Tecumseh. The class proceeding seeks the recovery of all charitable lottery licensing fees charged by the two municipalities since 1993. Following the period in which class members were permitted to “opt out” of the case, the plaintiffs sought to revise their claim, and ask for an order that all of the fees received by the defendants since 1993 – including those paid by those class members who exercised their right to “opt out” – be payable as part of a damages award. In a decision released today, Mr. Justice Patterson accepted the defence arguments and refused to permit the necessary amendments to the Statement of Claim. Click here to read the Court’s decision.
