Windsor-Tecumseh class actions restricted to non-time-barred claims

Xaidsart lawyers Scott HutchisonBrendan van Niejenhuis and Paul Jonathan Saguil successfully persuaded Patterson J. of the Superior Court to issue a restrained certification order in two proposed class actions. The class actions sought, on behalf of a class of charitable organizations engaged in operating lottery and bingo events in Windsor, the recovery of all lottery licensing fees paid to the City of Windsor and the Town of Tecumseh, dating back over forty years to 1969. Xaidsart argued that, in order to ensure manageability, only those claims that were not barred by the Limitations Act, ought to be certified in these class proceedings – reducing a proposed forty-year claim to an approximate five-year claim as of 2010. Justice Patterson accepted this position, and issued a certification order accordingly. To read the Court’s decision, click here.

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