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

North Island Eagles minor rep ockey organization hand out year-end awards in Port McNeill

It was quite the season and then some for minor rep hockey here in the North Island.

North Island resident to campaign on climate, economy for Liberal Party seat in Ottawa

Peter Schwarzhoff joins race for the second time in North Island-Powell River riding

Press release: Port Alice Health Centre service model announced

“a sustainable and dependable model of health care service delivery in Port Alice is a priority”

First annual Pride Day coming to Port Hardy in August

Pride contributes to a more inclusive and safe community for LGBTQ+ identifying individuals.

Blaney plan helps seniors late with taxes

Simple solution to important issue: North Island-Powell River MP

QUIZ: Test your knowledge of Victoria Day

How much do you know about the monarch whose day we celebrate each May?

Take-home drug testing kits latest pilot to help curb B.C.’s overdose crisis

Researchers look to see if fentanyl testing could be a useful tool for those who use drugs alone

Facebook takes down anti-vaxxer page that used image of late Canadian girl

Facebook said that the social media company has disabled the anti-vaccination page

Search crews rescue kids, 6 and 7, stranded overnight on Coquitlam mountain

Father and two youngsters fall down a steep, treacherous cliff while hiking Burke Mountain

Raptors beat Bucks 118-112 in 2OT thriller

Leonard has 36 points as Toronto cuts Milwaukee’s series lead to 2-1

‘Teams that win are tight’: B.C. Lions search for chemistry at training camp

The Lions added more than 50 new faces over the off-season, from coaching staff to key players

Rescue crews suspend search for Okanagan kayaker missing for three days

71-year-old Zygmunt Janiewicz was reported missing Friday

B.C. VIEWS: Reality of our plastic recycling routine exposed

Turns out dear old China wasn’t doing such a great job

Carbon dioxide at highest levels for over 2.5 million years, expert warns of 100 years of disruption

CO2 levels rising rapidly, now higher than at any point in humanity’s history

Most Read