On a summary judgment motion to dismiss the Applicants' actions, it was concluded that, even if the roulette games were illegal, the Applicants would not be entitled to a remedy in this case. Accordingly, the Applicants sued the casino operators and the AGCO in two separate actions claiming damages as well as the return of their gambling losses. Because the casino operators failed to obtain the approval of the Alcohol and Gaming Commission of Ontario ('AGCO') of their floating ball rule, the Applicants said the roulette games they played at the Fallsview Casino did not qualify for the Criminal Code exemption from the prohibition against gambling and were therefore illegal. The Applicants claimed that the casino operators had in place a 'floating ball rule' which permitted roulette dealers to remove a 'floating ball' from a spinning roulette wheel and to call a 'no-spin', ending the particular game and making all wagers void. The Applicants were high stakes gamblers who lost approximately $2.1 million while playing roulette at the Niagara Fallsview Casino Resort over a period of three-and-a-half years.
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