Group Against Smokers' Pollution Inc. v. Lotteries Licensing Board (Man.), (1980) 5 Man.R.(2d) 1 (CA)

• Judge: Monnin, Matas and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 28, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 5 Man.R.(2d) 1 (CA)

Smokers Pollution v. Lotteries Lic. (1980), 5 Man.R.(2d) 1 (CA)

MLB headnote and full text

Group Against Smokers' Pollution Inc. v. Manitoba Lotteries Licensing Board

Indexed As: Group Against Smokers' Pollution Inc. v. Lotteries Licensing Board (Man.)

Manitoba Court of Appeal

Monnin, Matas and Huband, JJ.A.

May 28, 1980.

Summary:

This headnote contains no summary.

Gaming and Betting - Topic 446

Lotteries - Rights of promoter - Unclaimed prizes - In order to raise money for its charitable purposes G.A.S.P. conducted a lottery for a Bricklin automobile and $1,000.00 - A winning ticket was drawn, but no one came forward to claim the prizes despite intensive efforts to locate the winner - G.A.S.P. claimed entitlement to the prizes, but the Manitoba Lotteries Licensing Board claimed that the prizes should excheat to the Crown - The Manitoba Court of Appeal held that in the absence of a winner being found G.A.S.P. was entitled to retain the prizes for its own purposes.

Cases Noticed:

Quistclose Investments v. Rolls Razor Ltd., [1968] 1 All E.R. 613, consd. [para. 9].

Walters v. National Beverages, Inc. (1967), 422 P. 2d 524 (Utah S.C.), appld. [para. 28].

Coleman et al. v. State of Michigan, Bureau of State Lottery (1977), 258 N.W. 2d 84 (Mich. C.A.), appld. [para. 28].

Authors and Works Noticed:

Cheshire and Fifoot, The Law of Contract (9th Ed.), c. 3 [para. 26].

Fridman, The Law of Contract, p. 367 [para. 26].

Halsbury's Laws of England (4th Ed.), vol. 4, para. 21 [para. 24].

Jowitt's Dictionary of English Law (2nd Ed.), p. 1689 [para. 24].

Street, H.A., The Law of Gaming (1937), p. 550 [para. 24].

Treitel, G.H., The Law of Contract (4th Ed.), p. 345 [para. 26].

Waters, The Law of Trusts in Canada (1974), pp. 5, 759 et seq., 811 [para. 24].

Williston on Contracts (3rd Ed.), vol. 14, p. 627 [para. 26].

Counsel:

S. Green, Q.C., and L. Wasel, for the applicant/appellant;

W.G. McFetridge, for the respondent/respondent.

This case was heard on April 22, 1980, at Winnipeg, Manitoba, before MONNIN, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On May 28, 1980, the judgment of the Court of Appeal was delivered and the following opinions were filed:

HUBAND, J.A. - see paragraphs 1 to 12;

MATAS, J.A. - see paragraphs 13 to 33.

MONNIN, J.A., concurred with HUBAND, J.A.