Thierman v. Western Canada Lottery Corp. et al., (1995) 133 Sask.R. 303 (QB)

• Judge: MacLean, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 21, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 133 Sask.R. 303 (QB)

Thierman v. Lottery Corp. (1995), 133 Sask.R. 303 (QB)

MLB headnote and full text

Kurt Thierman (plaintiff) v. Western Canada Lottery Corporation and The Interprovincial Lottery Corporation (defendants)

(1993 Q.B. No. 1518)

Indexed As: Thierman v. Western Canada Lottery Corp. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

MacLean, J.

August 21, 1995.

Summary:

The plaintiff mailed a subscription renewal form to the Western Canada Lottery Corp., which would entitle him to play the Lotto 6/49 for 104 consecutive draws. The renewal form indicated, inter alia, that the sub­scrip­tion would be deemed to have been received by the corporation on the date of the first draw following the date on which the ticket numbers contained in the sub­scription were recorded in the corpora­tion's computer. The plaintiff's numbers were entered into the computer which made him eligible for draws commencing February 29, 1992. On Febru­ary 19, 1992, six numbers drawn on the 6/49 matched numbers selected by the plaintiff. The plaintiff sued the defen­dant lottery corporations claiming that he held a winning ticket on the Feb­ruary 19 draw.

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

Gaming and Betting - Topic 434

Lotteries - Purchase of tickets - By sub­scription - The plaintiff completed a sub­scription renewal form, which would entitle him to play the Lotto 6/49 for 104 consecutive draws - The renewal form indicated that the lottery corporation could not ensure the first draw date and that the subscription would be deemed received by the corporation on the date of the first draw following the date on which the ticket numbers contained in the subscrip­tion were recorded in the corporation's computer - The plaintiff's numbers were entered into the computer which made him eligible for draws commencing February 29, 1992 - On February 19, 1992, six numbers drawn on the 6/49 matched the plaintiff's numbers - The plaintiff claimed to hold a winning ticket on the February 19 draw - The Saskatchewan Court of Queen's Bench dismissed the claim, where the lottery corporation's offer to award prizes was based on the conditions con­tained in the renewal form.

Gaming and Betting - Topic 435

Lotteries - Purchase of tickets - Terms and conditions - [See Gaming and Bet­ting - Topic 434 ].

Gaming and Betting - Topic 483

Lotteries - Delivery or payment of prizes - Terms and conditions - [See Gaming and Betting - Topic 434 ].

Cases Noticed:

Tilden Rent-A-Car Co. v. Clendenning (1978), 18 O.R.(2d) 601 (C.A.), refd to. [para. 7].

Cornwall Gravel Co. v. Purolator Courier Ltd., Levert and Boisvenne (1978), 32 N.R. 597; 83 D.L.R.(3d) 267 (Ont. H.C.), affd. (1979), 32 N.R. 596; 115 D.L.R.(3d) 511 (Ont. C.A.), affd. [1980] 2 S.C.R. 118; 32 N.R. 594; 120 D.L.R.(3d) 575, refd to. [para. 8].

Cathcart Inspection Services Ltd. v. Purolator Courier Ltd. (1982), 139 D.L.R.(3d) 371 (Ont. C.A.), refd to. [para. 8].

Group Against Smokers' Pollution Inc. v. Manitoba Lotteries Licensing Board, [1980] 6 W.W.R. 367; 5 Man.R.(2d) 1 (C.A.), consd. [para. 19].

Molina v. Games Management Services, 40 A.L.R., 4th, 655 (N.Y.C.A.), consd. [para. 20].

Counsel:

M.T. Megaw, for the plaintiff;

J.K. Kanuka, Q.C., and N.S. Sandomirsky, for the defendants.

This case was heard before MacLean, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on August 21, 1995.