Sucking in its citizens

Gambling addict's lawsuit against Casino Nova Scotia still alive
BY DAVENE JEFFREY STAFF REPORTER

A problem gambler’s lawsuit against Casino Nova Scotia will continue.

Lawyers for the casino tried unsuccessfully Tuesday in Nova Scotia Supreme Court to get Barry Nahirnak’s case thrown out of court, although they did have success on two fronts.

Nahirnak alleges that he signed a voluntary exclusion agreement with the Halifax casino in September 2008 and had his photo taken.

But by the next summer, Nahirnak went back to gambling at the casino and between July 21 and 24, he says he took almost $28,000 in cash advances at the casino on his credit card and ended up losing it all. To get those advances, Nahirnak says that he had to show photo ID.

He also claims that he got very drunk several times on free alcohol served in the high-rollers blackjack area and was not cut off from drinking or gambling.

Nahirnak is suing the casino to recoup his loses of $35,000 and to cover the $26,000 for a treatment program he took in Ontario.

He had sought punitive damages of $1 million.

In his oral decision, Justice John Murphy ruled that Nahirnak’s “claim for punitive damages is bound to fail. ... It will be removed from the pleadings.”

As well, Nahirnak had included three employees in the suit, and Murphy ruled Tuesday that his claim against them was not valid.

In delivering his decision, Murphy said that there is no Canadian case law dealing exactly with the issues brought up in this case, including whether exclusionary agreements establish a contract between the two parties and what, if any, level of care falls on the casino.

Although Nahirnak’s lawsuit was first filed with the court more than a year ago, it is still early days in the matter.

“We still have a long way to go and we are looking forward to the successful resolution of this case,” Nahirnak’s lawyer, Wayne Bacchus, said Tuesday. “I have not even received an exchange of documents.

“This decision is not a reflection on the merits of the case and how it will work out at the stage of trial. We’re optimistic, but we’re not naive.

“The self-exclusion agreement should have some teeth somehow. That’s our main point.”

http://thechronicleherald.ca/metro/145748-gambling-addicts-lawsuit-against-casino-nova-scotia-still-alive