Windsor and Tecumseh’s Bingo Lawsuit Appeal Delayed until March 15.
Today lawyers for the plaintiffs and for the City of Windsor and Town of Tecumseh appeared in the Ontario Court of Appeal for their lawsuit appeal relating to the Opt-Out Campaign launched by the two municipalities, which addresses the rights of charitable groups to opt out of the bingo class action.
Before the appeal was heard, the parties addressed a preliminary issue of whether the appeal was properly within the authority of the Ontario Court of Appeal, or the Divisional Court. In Ontario, there are two different streams of appeal court to which appeals may be brought.
Determining the correct appeal court is a complex and technical legal issue governed by the Courts of Justice Act.
The Court of Appeal determined that the appeal is properly brought in the Divisional Court. In view of the time-limited duration of the opt-out period, an urgent date has been established to argue the appeal in the Divisional Court on March 15, 2016, at Osgoode Hall in Toronto.