Defrauded lottery winner finally gets apology -- and money

Oct 30, 2006, 5:51 am (10 comments)

Ontario Lottery and Gaming Corporation

More than five years after Bob Edmonds called the Ontario Lottery and Gaming Corporation to complain that he may have been defrauded out of a winning Super 7 ticket, he has an apology and the right to speak freely.

But he still doesn't have the full $250,000 he originally won in the August 2001 draw.

The 82-year-old cancer survivor and resident of Coboconk, Ont., only ended up with a total of $202,000, after a lengthy legal proceeding against the lottery corporation.

The details of the settlement with the lottery corporation could be made public Friday, after the lottery corporation formally released Mr. Edmonds from a confidentiality agreement signed in March 2005.

The agreement was signed just as a jury was to begin deliberating in an Ontario Superior Court trial in the dispute between Mr. Edmonds and the lottery corporation.

The lottery corporation paid Mr. Edmonds $100,000 to settle his claim. Another $25,000 was paid in interest and $75,000 toward his legal costs, Mr. Edmonds' lawyer Alan Rachlin confirmed Friday.

Mr. Edmonds had previously received $150,000 in an out-of-court settlement with Scott and Phyllis LaPlante, the variety store owners who allegedly defrauded him out of the $250,000 winning ticket in 2001.

The legal bill for Mr. Edmonds' more than three-year-legal battle against the Ontario government agency was more than $140,000, leaving him with just over $200,000.

The lottery corporation retained an outside law firm and its total legal bill was over $420,000, according to information released last year following a freedom-of-information request.

Mr. Edmonds was threatened with a lawsuit earlier this year said Mr. Rachlin, if he violated the confidentiality agreement, once the lottery corporation learned the CBC program the fifth estate was planning to report on the dispute.

Mr. Edmonds was scheduled to be in court on Monday, at a hearing to determine what he could say publicly.

The day after the fifth estate program aired, the chief executive of the lottery corporation, Duncan Brown, called up Mr. Edmonds and personally apologized, said Mr. Rachlin.

The Ontario lottery corporation also issued a news release on Thursday evening that said it was releasing Mr. Edmonds from the confidentiality agreement.

Mr. Edmonds was travelling with his family from Toronto to Coboconk and was unavailable for comment Friday.

Mr. Rachlin said his client is happy with the apology and the fact he is not facing a potential lawsuit if he talks about the case.

But the Toronto lawyer said there remain a number of unanswered questions about the conduct of the lottery corporation.

An internal lottery corporation e-mail in January 2002 suggested that Mr. Edmonds may be the rightful owner of the Super 7 ticket, yet it fought a legal battle for more than three years before agreeing to a settlement.

"They still have not given a plausible explanation for why they did what they did, or who made the decision to put Bob Edmonds through the ordeal of a trial," said Mr. Rachlin. "The public is entitled to know."

Robert Edmonds and wife Theresa Edmonds leave the courthouse at 361 University Ave. in Toronto, Ont. Feb. 28, 2006. (Kevin Van Paassen/The Globe and Mail)

Globe and Mail

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Raven62's avatarRaven62

Confidentiality Agreement: What did the Ontario Lottery and Gaming Corporation have to hide? The Truth? Were the Court Records also sealed? The Ontario Lottery and Gaming Corporation should have Paid his Legal Fees too.

LOTTOMIKE's avatarLOTTOMIKE

i'm looking forward to seeing indiana put in its place too someday.we all know the story there....

CCHS13's avatarCCHS13

One has to wonder if he did not win how do you pay for legal fees

to even put up a fight.  Good to hear it worked out in his favor but

what about the store owners, thats an attempt of theft??

chasingadream's avatarchasingadream

wow ..... the lawyer fees were astronomical Eek

CA LotteryGuy

If you want to watch the news story that helped Mr. Edmonds  go to www.cbc.ca/fifth/luckofthedraw/index/html.  Look on the right hand side under "WATCH the fifth estate ONLINE".  It runs 40:19. The entire report is fascinating!!

Part of this report reviews the switched ticket that occured in California earlier this year.  The victim of that switch has posted in the past.  

Bradly_60's avatarBradly_60

This story is one that makes you feel good.  The good guy finally got his money.  But I mean really...if you can't check your own tickets....whose fault is that?  Lottery tickets remember are BEARER'S instruments.  Whomever brings them to the lottery office is entitled to the payment.  (Unless you sign the back of your ticket)  Yeah it is bad that this guy was defrauded into losing that ticket and those clerks are horrible people.  But what are the lottery's supposed to do.  They can't wait to make sure everyone that brings in a winning ticket doesn't have competing claims for it.  I understand why they wanted to keep this a secret also for the lottery's sake.  I mean this guy won....what is going to stop other people from bringing similiar lawsuits (and junk lawsuits) against the lottery now?  It will be interesting to see how many of these lawsuits the lottery has to deal with now.

B-rad 

CCHS13's avatarCCHS13

In Indiana you have to hand your ticket to a clerk to be checked

unlike Illinois which has a ticket scanner seperate from the draw machine

for everyone to use.

JackpotWanna's avatarJackpotWanna

WOW! What sad story!  Moral of the story, trust no one.  I would have sued for more.

rdc137

Quote: Originally posted by CA LotteryGuy on Oct 30, 2006

If you want to watch the news story that helped Mr. Edmonds  go to www.cbc.ca/fifth/luckofthedraw/index/html.  Look on the right hand side under "WATCH the fifth estate ONLINE".  It runs 40:19. The entire report is fascinating!!

Part of this report reviews the switched ticket that occured in California earlier this year.  The victim of that switch has posted in the past.  

If I can't use a self-checker, I tell the agent I want the loosing tickets back before they start checking. Usually I will try to find a store that has a checker, or at the very least, where I can see the screen if it displays a winner.

Wintariofan

The good part to all this--after now that two weeks has passed--is that those in the higher echelons of the OLG are on very thin ice.  It wouldn't surprise me that the media relations people--like Teresa Rochon and maybe even those in high managements positions were to be fired by the Ontario government.  Just watch.   As you know they knew from the two months upon Bob Edmonds first complaint that it was a good liklihood it was his ticket.   But because they were more concern about how they looked, that they harmed their integrity even further in the end.  Furthermore, the publics' confidence in retailers and how players will be treated upon registering a compaint will all change--it will have to strengthen things.  I can see the lottery going as far as setting up their own video surveillance in stores and shoppping malls here. One thing they can not do is ban lottery retailers playing the games.  Some background:  Since lotteries began in Ontario in 1975,  the drawings are so secure that anybody can play.  That will never change.  Their belief is that by suggesting someone can't play means they have some control on the outcome of the game(s).    

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