Rule 1 – Application
1.1 The Rules are part of and complete the arbitration agreement between the Parties.
1.2 The Rules apply to every arbitration commenced pursuant to subsection 11.2(4) of Ontario Regulation 198/00 made under the Ontario Lottery and Gaming Corporation Act, 1999 as amended.
1.3 The Rules shall be interpreted liberally so that arbitrations are fair and, where appropriate, expense and delay is avoided.
Rule 2 – Definitions
2.1 In these Rules:
“AGCO” means the Alcohol and Gaming Commission of Ontario
“Applicant” means a person, or persons, who initiates an arbitration by delivering and filing a Notice of Dispute
“Arbitration Act” means the Arbitration Act, 1991, S.O. 1991, c. 17, as amended
“arbitration agreement” means the submission of a dispute to arbitration in accordance with the Regulations and the Rules
“certificate of delivery” is the form describing the manner and time of delivery of a document in the arbitration
“Chair” means the Chair of the Board of the AGCO
“day” means any day of the week from Monday to Friday, excluding a statutory holiday and any other day the Chair’s Office is closed
“deliver” means to provide a Notice, Response, or other document to a Party or their representative
“dispute” means the issue of the right of a participant in a lottery scheme to a prize or portion of a prize valued at $10,000 or more
“Fees” mean the fees contained in the Fee Schedule attached to these Rules and include the Initial Filing Fee, the Arbitration Fee, and Additional Arbitration Fees payable on the direction of a Tribunal
“file” means file with the Chair’s Office and a “filing” is anything that is filed
“Initial Filing Fee” means the fee payable upon filing a Notice of Dispute or Response
“Notice of Dispute” means the Form completed by an Applicant containing information on the issues in dispute
“Notice of Resolution” means the Form confirming the resolution of the dispute
“OLG” means the Ontario Lottery and Gaming Corporation
“participant” means a person who has or claims to have an interest in a disputed prize or portion of the disputed prize, but does not include the OLG
“Party” means a participant in the lottery scheme who is the Applicant or any Responding Party
“Pre-Arbitration Conference” means the conference held after the Tribunal’s appointment at which the Parties meet with the Tribunal to prepare for the hearing
“President” means the chair of a Three Member Tribunal
“representative” means the representative of a party
“Responding Party” means the person or persons who respond to a Notice of Dispute and a “Response” is the Form completed by a Responding Party
“Rules” means these Rules
“Simplified Arbitration” is an arbitration conducted pursuant to Rule 11 and the “Simplified Arbitration Fee” is the fee payable by each party for the appointment of a Simplified Arbitration Tribunal
“Three Member Tribunal” means an arbitration conducted pursuant to Rule 10 and the “Three Member Tribunal Fee” is the fee payable by each for the appointment of a Three Member Tribunal
“Tribunal” means the person(s) appointed by the Chair to arbitrate a dispute.
Rule 3 – Time
3.1 Where the Rules refer to a period of time, that period of time does not include Saturdays, Sundays, statutory holidays and any other day when the Chair’s Office is closed.
3.2 A Tribunal may shorten or lengthen any time period in the Rules as it considers appropriate.
Rule 4 – Arbitration Fees
4.1 The Chair shall establish a fee schedule to recover all costs and expenses of the arbitration. The fee schedule is part of the Rules.
4.2 Fees must be paid to the AGCO at the times specified in the Rules or when directed by the Tribunal. Fees may be paid in cash, by money order, Canadian bank draft or certified cheque.
Initial Filing Fees
4.3 The Applicant must pay the Initial Filing Fee at the time of filing the Notice of Dispute. The Chair’s Office will not accept or process a Notice of Dispute without the Initial Filing Fee.
4.4 A Responding Party must pay the Initial Filing Fee at the time of filing the Response. The Chair’s Office will not accept or process a Response without the Initial Filing Fee and the arbitration shall not proceed any further until the Initial Filing Fee is paid.
4.5 The Parties to the arbitration must pay the Arbitration Fees to the AGCO no later than 10 days after being advised by the Chair’s Office of the amount to be paid. The Chair will appoint the Tribunal upon receipt of the Arbitration Fees from the Parties.
4.6 The Tribunal may, at any time, direct the parties to the arbitration to pay Additional Arbitration Fees where the anticipated cost of the arbitration will exceed the total of the Initial Filing Fee and Arbitration Fee. Additional Arbitration Fees must be paid within 15 days of the direction. Where Parties fail to comply with a direction to pay Additional Arbitration Fees the Tribunal may suspend or terminate the arbitration.
4.7 Prior to issuing its decision, the Tribunal shall provide its account to the Chair and the Parties to the arbitration and, where necessary, shall issue a direction to pay any Additional Arbitration Fees. The Chair shall not release the final award to the Parties until all Fees are paid.