Problem gamblers suing for compensation under self-exclusionary rules in B.C. will not be comforted from court decisions elsewhere.

That’s essentially what a gaming industry conference sponsored by the BC Lottery Corp. was told on Tuesday at Vancouver Convention Centre East.

“In one case, the court found that the gambler caused his own misfortune,” said Vancouver lawyer Michael Stephens, whose work includes gambling-related matters.

“In another case, the court found that people were responsible for excluding themselves,” he said.

He said court decisions found that operators’ responsibilities do not include a “duty of care” which would entitle gamblers to compensation for breaching their agreements.

The cases involved problem gamblers who voluntarily signed self-exclusion agreements which last up to two years.

The dozen cases cited included ones in Australia, Great Britain, the U.S., and Canada, where “the landscape is still taking shape,” no definitive decisions have been reached and two cases are underway in B.C.

Dr. Robert Ladouceur, who developed a cognitive treatment for gamblers at the University of Laval, said people self-exclude because “they have lost too much money.”

“This is a controversial issue. I don’t think there is a right or wrong,” he said.

“Forty per cent breach their exclusion at least once. . . . Operators cannot identify everyone at a large casino. You could have a passport system but that is not the way North America wants to operate,” he said.

BCLC said about 8,000 problem gamblers have signed self-exclusions in B.C.

It said security staff removed those individuals more than 7,500 times in fiscal 2011-12, by means of staff detection, ineligible wins and license plate recognition.

Vancouver lawyer Jim Hanson, who is representing plaintiff Joyce Moss in a self-exclusionary case against the Lottery Corp., said he has argued in court that BCLC has a responsibility to excluded gamblers.

“The precise question is before the courts. It hasn’t been resolved,” he said.

Hanson noted that Stephens is counsel for BCLC in the case and Ladouceur has appeared as an expert witness for the defence.

Trial has concluded and the parties are awaiting judgment.

kspencer@theprovince.com

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