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

Nathan Cullen named Parliamentarian of the Year

Skeena-Bulkley Valley MP won the top-title Nov. 5

VIDEO: Taking to the skies to protect moose in the Cariboo Chilcotin

Conservation Officer Service doubles patrols to oversee moose harvest

New Coast Guard radar boosts marine traffic monitoring off B.C. coast

Six radar installations set up for Georgia Strait to Queen Charlotte Strait to Prince Rupert

Central Coast Regional District swears in new Board of Directors

There are three new faces representing our region and two returning directors

VIDEO: Black horse signals ‘sign of peace’ for Tsilhqot’in Nation

Justin Trudeau rides black horse provided by Cooper family

Fashion Fridays: 5 coats you need this winter!

Kim XO, lets you know the best online shopping tips during Fashion Fridays on the Black Press Media Network

B.C. to fund gender-affirming surgeries for transgender people

Roughly 100 people in B.C. travel each year out of province for lower surgeries

U.S. mayor and dying dog’s roadtrip to B.C. goes viral

First vacation in three years came a month after blood cancer diagnosis

Federal fall update expected to offer more support for struggling news industry

Ottawa committed $50 million over five years for local journalism in ‘underserved communities’ last budget

UK’s May appeals to public on Brexit, braces for more blows

British Prime Minister Theresa May answered questions from callers on a radio phone-in, the day after she vowed to stay in office

VIDEO: Stan Lee leaves posthumous message for his fans

Marvel Comics’ co-creator died on Monday at the age of 95

Ottawa apologizes to Japanese family in B.C. after chopping historic cherry trees

Plaque installed in Prince Rupert to honour the memory of Shotaro Shimizu

$136M in transit funding coming to B.C.

The announcement was made at the BC Transit yard in Langford on Friday morning

Two B.C. police officers, held in Cuba for months, cleared of sex assault allegations

Port Moody Const. Jordan Long and Vancouver Const. Mark Simms have been in Cuba since March

Most Read