Q: My buddies on coffee row all pool together to buy lottery tickets. Everyone throws in $2 and says if we win, we share equally. Well, we won, but the guy who bought the ticket is claiming all the money for himself because he actually went and bought the ticket. Can I sue?
A: The quick answer is yes, but there is no guarantee of success. There has been a surprising amount of lottery litigation in
Canada.
Disputes often happen because there is no clear-cut agreement about what happens if your numbers come in. What if you’re short of money and don’t put in your $2 that week? What if you’re sick, busy or away, and would have put in your share but couldn’t? Do you get a share of the win?
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There is a reported case where a group of women each contributed to the pot every week. One week, one of the women didn’t put in her money. Naturally, that was the week their numbers won a large sum of money. The group divided the money among the people who had contributed to the winning ticket. The woman who didn’t put money in sued and lost.
The court ruled there was no clear agreement as to what was to happen and it was most fair to divide the money among the people who had put in cash for the ticket that week.
There are numerous cases on this issue across Canada, and all point to the same thing: If you want to make sure the group shares a win, get it in writing.
You don’t need a lawyer to get a written deal and it can be in informal language. But specific issues must be covered.
People involved in the agreement should be listed, as well as how much money each person contributed for each ticket purchase. The agreement should also state that if any person misses a contribution, they lose any entitlement to a share of winnings.
Set out who is to buy the tickets and make sure the group tickets are photocopied and handed out to group members. Photocopies make it clear which tickets are within the group agreement.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
