The appellant held a lottery ticket and alleged that the winning numbers were not determined in accordance with the regulations, as the tumbler operation and horse race were not simultaneous.
He sent a notice of claim over 15 months after the draw, and the respondent moved to dismiss the action based on a 30-day notice requirement.
The Supreme Court of Canada allowed the appeal, holding that the 30-day period was suspended until the appellant became aware of the facts giving rise to his right, as his lack of awareness allegedly resulted from the respondent's fault in concealing the true nature of the draw.
