Danielle Bush quoted in The Lawyer’s Daily on gambling infraction by electronic game manufacturer

August 28, 2019 | Danielle Bush | Toronto

The Lawyer's Daily, "Randomness in prize winning makes bar game illegal, rules Ontario Appeal Court"

The article concerns an Ontario Court of Appeal decision which deemed an electronic terminal game to be illegal because prize allocation involved both skill and chance.

“At trial level, the court held that the random nature of the prize allocation didn’t need to be considered when deciding whether or not the game itself was a game of pure skill,” said Danielle Bush, a partner with Miller Thomson. “The Court of Appeal said, no, you have to look at the bigger picture.

“Even though the game, per se, is a game of pure skill — the more highly skilled player will always win — the fact that the amount of the prize available to be won in any given game is random and/or not clearly disclosed before play starts also comes within the analysis of whether or not the product constitutes a game of pure skill or mixed chance and skill. It’s very fact specific.”

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