Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Contracts – Consumer Protection – Can public bodies administer their regulations in a manner inconsistent with consumers’ rights under consumer protection legislation? – Do the remedies under consumer protection legislation broaden the remedies that would otherwise be available to consumers under gaming regulations? – Do the principles of contract formation apply to lottery contracts in Canada?

On May 23, 2008, the Applicant went to his local convenience store just before 9pm in order to purchase tickets for that night’s “Lotto Super 7” draw. He was told by the store employee that there was enough time to make the purchase before 9pm, but that he had to hurry. The Applicant requested two “Quick Pick” tickets and his selections were entered into Loto-Québec’s (the Respondent’s) gaming terminal. The clock on the terminal read 8:59pm at that time. After the tickets printed, the first one indicated that “May 23, 2008” was the date of the draw and the second ticket indicated that “May 30, 2008” was the date of the draw. The store employee asked the Applicant if he still wanted to purchase the two tickets. The Applicant said he did and paid for them. That night, the “Lotto Super 7” winning numbers matched the numbers on the second ticket. The next day, a Loto-Québec retailer informed the Applicant that he did not have a winning ticket, and the Respondent subsequently confirmed to the Applicant that his second ticket had been processed by Loto-Québec’s central computer at 9:00:07pm —after the deadline for the May 23rd draw. The Applicant instituted an action against the Respondent claiming he had a winning ticket.