McKay v. Flin Flon Junior Bomber Hockey Club Inc., (1999) 135 Man.R.(2d) 183 (QB)

• Judge: Glowacki, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 09, 1999
• Jurisdiction: Manitoba
• Citations: (1999), 135 Man.R.(2d) 183 (QB)

McKay v. Flin Flon Hockey Club (1999), 135 Man.R.(2d) 183 (QB)

MLB headnote and full text

Temp. Cite: [1999] Man.R.(2d) TBEd. FE.037

Judy McKay (plaintiff) v. Flin Flon Junior Bomber Hockey Club Inc. (defendant)

(98-08-002)

Indexed As: McKay v. Flin Flon Junior Bomber Hockey Club Inc.

Manitoba Court of Queen's Bench

Flin Flon Centre

Glowacki, J.

February 9, 1999.

Summary:

The plaintiff sued a hockey club, claiming first prize in a lottery conducted by the club.

The Manitoba Court of Queen's Bench dismissed the claim.

Gaming and Betting - Topic 483

Lotteries - Delivery or payment of prizes - Terms and conditions - The plaintiff sued a hockey club, claiming first prize in a lottery - The draw was broadcast and it was announced that the third ticket drawn would win first prize - The plaintiff's ticket was the third ticket drawn and she was announced the first prize winner - That evening the club's president informed the plaintiff that she had won third prize in accordance with the terms set forth on the lottery ticket - The Manitoba Court of Queen's Bench held that the plaintiff was only entitled to third prize - The court stated that "the ticket is an offering to the public and the people who purchase a ticket accept the offering. The contract, which is created between the defendant and anyone who purchased a ticket, is as set out in the ticket" - The plaintiff was not awarded damages, where she failed to show that she suffered any damages.

Cases Noticed:

Group Against Smokers' Pollution Inc. v. Manitoba Lotteries Licensing Board, [1980] 6 W.W.R. 367; 5 Man.R.(2d) 1 (C.A.), refd to. [para. 4].

Authors and Works Noticed:

Concise Oxford Dictionary (8th Ed.) [para. 3].

Counsel:

M. Bomek, for the plaintiff;

G.L. Bauman, for the defendant.

This case was heard before Glowacki, J., of the Manitoba Court of Queen's Bench, Flin Flon Centre, who delivered the follow­ing judgment on February 9, 1999.