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

Barriere’s Amazing Race was resounding success

‘That’s what it’s about, bringing the community together, you know’

Chinook Cove ladies’ golf’s final swings of the season

The season concluded with a championship and a hole-in-one

BC Ag Expo welcomes the Canadian Cashmere Producers Association

Fleece judging will take place September 23

Al Fortin is running for council in Barriere

Question: What made you want to run for councillor again? A: “Actually… Continue reading

Barriere residents walked, ran and rode for its annual Terry Fox Run

‘Well Terry Fox is a Canadian hero. He’s a hero to our family’

Fashion Fridays: Rock some animal print

Kim XO, lets you in on the latest fall fashion trends on Fashion Fridays on the Black Press Media Network

Landslide forces evacuations of Philippine villages

More than 1,200 people in villages near the landslide-hit area were forcibly moved by authorities

Students asked about the positive effects of residential schools

Alberta’s education minister apologized after hearing about the online social studies course

Permit to give B.C. deer birth control on hold until consultation with First Nations

Complexity of consultation will depend on level of First Nations support for the project

Feds launching review of oil tanker traffic in bid to renew pipeline approval

The feds have ordered the National Energy Board to bring recommendations on whether pipeline expansion should proceed

Horvat leads Canucks to 4-3 shootout victory over Kings

Vancouver dumps L.A. in NHL pre-season contest

Update: Search called off for missing plane between Edmonton and Chilliwack

Search efforts were concentrated along the Highway 5 corridor between Valemount and Kamloops

Why Whistler for ski jumping in 2026? Calgary proposal gets pushback

Calgary 2026 proposes re-using the 2010 ski jumping venue Whistler for that sport and nordic

Despite progress, threat of 232 tariffs dominates NAFTA negotiations

Any deal is seen to require congressional approval before Dec. 1 to survive new Mexican government

Most Read