A motion will be heard Dec. 21, 2016 in the ongoing class-action bingo lawsuit. Getty Images

A motion will be heard Wednesday in the ongoing class-action bingo lawsuit between the City of Windsor and the ALS Society.

The motion to be heard before Superior Court Judge Terrence Patterson regarding whether or not a protective order keeping secret the identities of those groups that opted out of the lawsuit.

City lawyers will argue that the protective order should end because “prohibiting defence counsel from communicating information in their possession to their clients violates the rule that counsel cannot keep secrets from their clients, and would (at the very least) strain the solicitor-client relationship.”

The ALS Society launched legal action in 2007 against the city, while Tecumseh faced a similar challenge from the Belle River District Minor Hockey Association.

Both municipalities are accused of collecting an excessive amount of licence fees for charity bingos or other fundraising gaming events.

Under the lawsuit, the court has previously determined every organization that paid for a gaming licence from either municipality could be entitled to refunds of fees dating back to 1993.

That could potentially cost the two municipalities a combined $80 million if they are forced to return the fees.

Legislation in Ontario for class-action lawsuits automatically includes every party impacted, unless they ask to opt out.

The court in December 2015 granted a 120-day opt-out period.