Sullivan v. McGillis and Others

Sullivan v. McGillis and Others

Section 3 of the Gaming Act, R.S.O. 1937 c.297 applies to money lost by betting on horse racing and permits recovery where the loser has paid the winner by a cheque that the winner has cashed; the trial finding that the appellant was the principal winner and that losses met the per‑sitting threshold stands, so the respondent is entitled to recover the $5,479 plus interest; constitutional challenges to other sections were unnecessary to decide the appeal.

Citation
[1949] SCR 201
Parties
Appellant/defendant: Ray Sullivan; Respondent/plaintiff: Donald A. McGillis; Intervenor: Attorney-General of Canada; Intervenor: Attorney-General of Ontario
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 February 1949
Procedural Posture
Civil Appeal (contract/gaming) / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada
Outcome
Appeal dismissed with costs; no costs to or against either Attorney-General
Legal Topics
Interpretation of Statutory Phrase 'other Game', Recovery of Gambling Losses Under Provincial Statute, Effect of Payment by Cheque, Ultra Vires Challenge to Provincial Regulation of Bills of Exchange
Source Language
English
Contract Gaming Law Constitutional Law (division of Powers) Interpretation of Statutory Phrase 'other Game' Recovery of Gambling Losses Under Provincial Statute Effect of Payment by Cheque Ultra Vires Challenge to Provincial Regulation of Bills of Exchange

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Parties

Ray Sullivan

Appellant/defendant

Donald A. McGillis

Respondent/plaintiff

Attorney-General of Canada

Intervenor

Attorney-General of Ontario

Intervenor

Procedural Posture

Civil Appeal (contract/gaming) / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada

Legal Issues

  1. 1 Whether money paid by cheque to cover losses in betting on horse races is recoverable under s.3 of the Gaming Act R.S.O. 1937 c.297
  2. 2 Whether 'horse racing' falls within the words 'other game' in the Gaming Act
  3. 3 Whether payment by cheque constitutes payment 'paid or delivered' under s.3 when cashed by the payee

Ratio Decidendi

Section 3 of the Gaming Act, R.S.O. 1937 c.297 applies to money lost by betting on horse racing and permits recovery where the loser has paid the winner by a cheque that the winner has cashed; the trial finding that the appellant was the principal winner and that losses met the per‑sitting threshold stands, so the respondent is entitled to recover the $5,479 plus interest; constitutional challenges to other sections were unnecessary to decide the appeal.

Court Disposition

Appeal dismissed with costs; no costs to or against either Attorney-General

Orders

  • Appeal dismissed with costs; no costs to or against either Attorney-General