2016 QCCQ 1522, 2016 QCCQ 1522

Kolodziejczyk c. Loto-Québec 2016 QCCQ 1522 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-144720-143 DATE: March 11, 2016 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ DARIUSZ KOLODZIEJCZYK Plaintiff v.

LOTO-QUÉBEC Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence; [ 2 ] WHEREAS , in his claim, plaintiff states: "1. The Plaintiff is suing the Defendant for the following reasons: The amount claim would have been plaintiff's winning prize from the bet he placed on the soccer games. 2. The facts occurred on or around September 26, 2014, at Montreal (Quebec). 3. The amount of the claim is $593.00. 4.

The Plaintiff makes the following clarifications to the facts set out above: The plaintiff was placing bets on "mise au jeu" for soccer games on the defendant's playing slip at the store on that day. Plaintiff tried to play, but the betting slip did not want to take anymore bets from plaintiff's slip. Plaintiff was not allowed to play the full amount he etended to." (sic) [ 3 ] WHEREAS , in his demand letter (exhibit P-2), plaintiff writes: "I am writing to inform you that I am claiming the sum of $593 (five hundred and nighty three dollars) from you for the following reasons: I start playing "Mise o jeu" game.

I was making bets on soccer events. I was not very successful for my first four predictions, meaning I lost my bets for $100, $100, $200, $800. But then came fifth prediction and I guessed it correctly. But in order to make safer bet I made bet on two outcomes of one game. Or actually what happened was that when I was trying to make this bet, I was stopped by the computer. I was not allowed to make by bet for the entire amount I intended. I made a bet for one event for $800, and for the second event I also wanted to make a bet for $800.

Unfortunately after accepting my sixth bet for a total of $600, computer refused to accept two additional bets. The massage was that the event (soccer game) "n'est plus disponible." Unfortunately for me this was the winning prediction. These two coupons are now missing from my way of playing. I want to be compensated for those two refused coupons. […]"

(sic) [ 4 ] WHEREAS a gaming contract intervened between the parties; [ 5 ] WHEREAS gambling and wagering contracts are valid in the cases expressly authorized by law (

article 2629 Civil Code of Quebec ); [ 6 ] WHEREAS both parties were bound by the terms and conditions of the contract; [ 7 ] WHEREAS the Mise-O-Jeu tickets purchased by plaintiff, specifically stated that such tickets are "governed by the By-law respecting forecast contests and numbers games and/or the Rules and regulations respecting lotteries and lottery tickets of the Interprovincial Lottery Corporation, or if applicable, the By-law respecting the Mini Loto, any instant lottery and any "pool" type lottery, and also, the rules of the game, available upon request." (original tickets, exhibit P-3 en liasse); [ 8 ] WHEREAS the back of Mise-O-Jeu selection slips also refer to the Regulation Respecting Forecast Contests and Numbers Games; [ 9 ] WHEREAS , according to the By-law respecting forecast contests and numbers games (RLRQ, S-13.1,r.2), defendant may, at its discretion, refuse to accept wagers and to issue tickets for any selection it determines, at any time (article 9); [ 10 ] WHEREAS , furthermore, the General Rules which govern the game, at paragraph 16, provide for the same rule; [ 11 ] WHEREAS plaintiff alleges that "the rule is misleading and deceiving" and is "lost in the crowd", and that it was "not explained" to him; [ 12 ] WHEREAS defendant cannot be held accountable for plaintiff's failure to fully inform himself and take cognizance of the terms and conditions of the contract and the applicable rules and regulations, before wagering; [ 13 ] WHEREAS plaintiff was bound by the above-cited By-law and the applicable rules and regulations; [1] [ 14 ] WHEREAS defendant complied with said regulations and the terms and conditions of the contract, and committed no fault in plaintiff's regard; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's claim, without costs. __________________________________ ELIANA MARENGO, J.C.Q.

Date of hearing: February 22, 2016