B.C. Appeal Court rules lottery winner must be paid back $600,000 loan

Enone Rosas won $4.1 million in a lottery in 2007 and loaned a portion to a friend

A dispute over whether $600,000 was a loan or a gift from a lottery winner has been settled by the British Columbia Court of Appeal in favour of the gambler.

Enone Rosas won $4.1 million in a lottery in 2007 and loaned the $600,000 to her friend Hermenisabel Toca so she could buy a home.

A lower court judge had determined the loan was to be paid back without interest in a year, but Rosas didn’t sue for seven years and the B.C. Supreme Court judge ruled the time limit had run out to force the money’s return.

But that verdict was overturned in a unanimous decision posted Wednesday from the three appeal judges who ruled that every time Toca told Rosas she would pay her back next year, that extended the time for repaying.

Toca stopped asking for the extensions in 2013, which the court says was well within the six-year limit of filing legal action.

Writing for the panel, Chief Justice Robert Bauman said in the ruling that when parties vary terms, that change should be enforceable and he ordered Toca to repay the money, plus interest.

“It has been famously said that ‘hard cases make bad law.’ Sometimes, however, hard cases make new law,” Bauman said in the ruling. “Or, at least, they very much encourage the court to do so lest we give credence to Mr. Bumble’s lament in Oliver Twist: ‘If the law supposes that … the law is a ass.’ “

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Man charged with stealing Chief Dan George sculpture from Abbotsford school

Piece turned up in Mission pawn shop after Chilliwack artist noticed it missing this summer

Hundreds of tickets available for Canucks game in Abbotsford

Exhibition game set for Sept. 23 inside the Abbotsford Centre

New real-time location technology coming soon to Fraser Valley buses

Waiting riders will be able to see location of their bus using their phones

PHOTOS: Fraser Valley Taco Festival debuts in Abbotsford

Taco lovers descend onto Abbotsford Centre on Saturday afternoon

Your poop will cost Abbotsford and Mission $2.75 each year to truck into the Interior

The two municipalities will pay millions over the next five years to truck waste into the interior

VIDEO: Liberals make child care pledge, Greens unveil platform on Day 6 of campaign

Green party leader Elizabeth May unveils her party’s platform in Toronto

Canucks sign Brock Boeser to three-year, US$17.6-million deal

Young sniper will be in Vancouver Tuesday

B.C. forest industry looks to a high-technology future

Restructuring similar to Europe 15 years ago, executive says

RCMP conclude investigation into 2017 Elephant Hill wildfire

Files have been turned over to BC Prosecution Service

B.C. wants to be part of global resolution in opioid company bankruptcy claim

Government says settlement must include Canadian claims for devastation created by overdose crisis

Guilty plea in Lower Mainland break-and-enter spree

Gordon Vincent Gladstone, 42, was charged with 12 counts relating to a dozen incidents in late 2018

Vancouver police officer hit with bear spray mid-arrest

Officer had been trying to arrest a woman wanted province-wide

B.C. ends ‘birth alerts’ in child welfare cases

‘Social service workers will no longer share information about expectant parents without consent’

Chilliwack’s Belle Voci brings three-day a cappella festival to Fraser Valley

Singers will learn from two of Lower Mainland’s best music leaders at Belle Voci A Cappella Festival

Most Read