Robert L. Jenkins

The appellant appealed a trial judgment finding she was unjustly enriched by receiving a $200,000 share of a winning lottery ticket.

The respondent, a former employee, had contributed to the ticket before leaving his job, while the appellant joined the workplace lottery pool after the ticket was purchased.

The Court of Appeal upheld the trial judge's finding that the ticket was co-owned by the original contributors and rejected the appellant's argument that the pool constituted an ongoing partnership under the Partnerships Act.

The appeal was dismissed.

Dispute over a workplace lottery pool after a free play ticket generated from a ticket purchased before one participant joined the group later won $1,000,000.

The court found the plaintiff had contributed to the June 25, 2010 ticket and was entitled to a one-fifth share of the winnings.

The later-joining participant's argument that the pool was a partnership under the Partnerships Act was rejected because the group was not carrying on a business with a view to profit.

Her counterclaim was dismissed, the plaintiff obtained judgment against the four co-participants for $40,000 each, and all five proper participants were granted judgment for $200,000 against her.