Crosbie VLT suit loses 'skirmish,' vows to continue war

ST. JOHN'S - Keith and Catherine Piercey of Corner Brook are still supporting St. John's lawyer Ches Crosbie as he tries to start a class action lawsuit over video lottery terminals. This, despite a recent loss in Supreme Court.

"Both my wife and I are very disappointed because we have to go through the process again," said Keith Piercey. "I just wish it was over. It's on your mind all the time. Our daughter is on our mind all the time, too."

The Piercey's 31-year daughter, Susan, committed suicide by overdosing on pills in July 2003. She was addicted to gambling for 10 years. Her father estimates she lost about $100,000 over that time. The Piercey's want to see a ban on VLTs and will donate any money from a successful class action lawsuit to gambling addiction programs.

Crosbie's first step toward starting a class action failed. On Monday, the Supreme Court announced it rejected Crosbie's application to certify a class action against the Atlantic Lottery Corp. (ALC). Crosbie argued the corporation breaks the federal Trade Practices Act by supplying video lottery terminals that are "designated to be inherently deceptive, inherently addictive, and inherently dangerous when used as intended, without any information or warning."

But Justice Wayne Dymond ruled that ALC was a Crown corporation and "immune" from federal trade practice law.

"ALC has again benefited from rules that give the house an unfair advantage, (but) it's only the opening skirmish," said Crosbie.

"There's a lot more. We lost on only one argument. Many remain. You can expect Atlantic Lotto to fight hard. They have a lot to protect and they've got a lot to answer for."

According to its website, Atlantic Lottery claims to have paid $98 million dollars into the Newfoundland treasury last year and $378 million to its four Atlantic Canadian shareholders.

Crosbie has a Plan B. He will go to court for certification again, with the same evidence, but this time he will argue using the Charter of Rights and Freedoms guaranteeing the right to life liberty and security of the person.

"The gist of the argument is that suicide is a rather obvious challenge to life," said Crosbie. "(ALC offers a product) to people that is unreasonable and dangerous in relation to causing suicide. Likewise with addiction, you can see that as a threat to security as a person. There is some case law. I'm not inventing it. It's more of a challenge because it's an undeveloped area. The predictability (of success) is not very high."

Crosbie said he will also fight for certification using an old anti-gambling law from the early 18th century that he believes is still in effect called the Queen Anne statute. He said his papers are drafted and he will be filing with court soon. If successful, Crosbie said he has more than 40 people who have contacted his office expressing interest in becoming part of the class action suit.

Crosbie contacted the Pierceys more than a year ago to take part in the legal action.

"It's not about money for us," said Piercey, who blames VLTs for his daughter's gambling addiction. "We want to see the machines eliminated."

Susan Piercey didn't leave a suicide note, but kept journals and wrote letters during her gambling addiction treatment.

"She did say she wished it would all end to get the monkey off her back," said Piercey. "She was really bothered by it. Extremely bothered by it. She'd never say it but she certainly expressed it in writing. She wrote a letter called good-bye VLTs. It sort of summed up everything."

Piercey found his daughter in her bedroom.

"There she was on the floor, unconscious," he said. "Breathing really heavy moaning with every exhale. I called the hospital. A week later she was dead. She was unconscious and on life support for a week and that was it. Just like that. She wasn't a stupid kid. She had a couple of years of university under her belt. She was very bright, very friendly. You'd never say there was anything wrong, which is one of the typical things about gambling addiction."

Atlantic Lottery said it will not comment because it is a court matter.