Client: BERTUCCI V. SOCIÉTÉ DES LOTERIES DU QUÉBEC INC. (LOTO-QUÉBEC) and LA SOCIÉTÉ DES CASINOS DU QUÉBEC INC.
Date: June 2020
The Plaintiff alleged that, between July 9, 2019 and May 18, 2020, only the players using an iPad could see the hidden individual cards of the winners of uncontested hands in the hand history on the OK Poker platform, and that these players who are using an iPad would have consequently obtained an unfair advantage as compared to players who use a computer to play Poker Texas Hold’em on the OK Poker platform, which, according to the Plaintiff, constitutes an error under the Québec Civil Code and/or a violation of the Consumer Protection Act, CQLR, c. P 40.1 (the “CPA”).
These allegations have not been proven in Court and are being contested by the Defendants who claim that at all times they abided by all applicable laws and, in particular, that all players could access the same information in the hands history, whichever device they chose to play the game on. A settlement has been reached without admission of any kind. You can access a copy of the settlement and notices below.
All persons who, between July 9, 2019 and March 15, 2021, paid any sum of money to Loto-Quebec to play Texas Hold’em Poker on the OK Poker platform.
The Class Members of the Settlement are divided into two categories:
1. Active Members of the Settlement class: means any Member of the Settlement Class except for the Self-Excluded Members of the Settlement Class;
2. Self-Excluded Members of the Settlement Class: means any individual who falls within the definition of the Settlement Class and who, on February 1, 2023, is registered with Loto-Québec’s Self-Exclusion program.
Pursuant to the terms of the Settlement, the Defendants agree to pay to each Active Member of the Settlement Class who request it, a one-time maximum credit of $45.00 CAD each, according to the total number of approved claims (a “Credit”). The Credits may be used to play any online game available on lotoquebec.com or may be paid out. In order to receive a Credit, an Active Member of the Settlement Class must have an active Espacejeux account that is not closed or has not been suspended.
If, as of February 1, 2023, you are a class member who is registered with Loto-Québec’s Self-Exclusion program, the Defendants agree to pay to each Self-Excluded Member of the Settlement Class who submits a claim, a one-time maximum cheque of $45.00 CAD each, according to the total number of approved claims.
On February 10, 2021, the Superior Court of Quebec authorized this class action. A copy of the authorization judgment is available below. The Québec Superior Court will hold a hearing to decide whether it should approve the Settlement. You can attend the hearing to be held on March 29, 2023 at 9 a.m. in Room 14.07 or via TEAMS by clicking here.
For assistance, you may contact the Claims Administrator or class counsel:
|2020 06 01 Application to Authorize OK Poker Loto Quebec Class Action|
|2021 02 10 Judgment Authorizing the Class Action Against Loto Quebec|
|2021 02 15 Originating Application|
|2021 03 12 Notice to Class Members|
|2023 02 01 Notice to Active Members of the Settlement Class|
|2023 02 01 Notice to Self Excluded Members of the Settlement Class|
|Settlement Agreement – OK Poker (Non Official English Translation)|