Regent Vending Machines Ltd. v. Alberta Vending Machines Ltd.

Regent Vending Machines Ltd. v. Alberta Vending Machines Ltd.

A majority of the Court held the machines were not "slot machines" within s.2(b) of The Slot Machine Act because they were devices furnishing amusement based on skill rather than games of chance or devices producing a material prize or loss; therefore the provincial prohibition against ownership did not apply and...

Source-derived case information.

Citation
[1954] SCR 98
Parties
Appellant/plaintiff: Regent Vending Machines Limited; Respondent/defendant: Alberta Vending Machines Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 March 1954
Procedural Posture
Civil Appeal (contract/property) / Appeal to Supreme Court of Canada From Alberta Appellate Division
Outcome
Appeal allowed; decision of the Appellate Division of the Supreme Court of Alberta reversed; judgment at trial restored.
Legal Topics
Definition of "slot Machine", Ownership and Confiscation, Entertainment Vs Gambling, Provincial Statute Interpretation
Source Language
english
Property Law Contract Law Statutory Interpretation Criminal Law (definitions) Definition of "slot Machine" Ownership and Confiscation Entertainment Vs Gambling Provincial Statute Interpretation

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Parties

Regent Vending Machines Limited

Appellant/plaintiff

Alberta Vending Machines Limited

Respondent/defendant

Procedural Posture

Civil Appeal (contract/property) / Appeal to Supreme Court of Canada From Alberta Appellate Division

Legal Issues

  1. 1 Whether the machines sold were "slot machines" under s.2(b) of The Slot Machine Act (R.S.A. 1942, c.333)
  2. 2 Whether the machines are games of chance within s.986(4) of the Criminal Code
  3. 3 Whether provincial statute deprived ownership of machines that merely furnish amusement and require skill

Ratio Decidendi

A majority of the Court held the machines were not "slot machines" within s.2(b) of The Slot Machine Act because they were devices furnishing amusement based on skill rather than games of chance or devices producing a material prize or loss; therefore the provincial prohibition against ownership did not apply and the appellant could recover the unpaid purchase price (trial judgment restored).

Court Disposition

Appeal allowed; decision of the Appellate Division of the Supreme Court of Alberta reversed; judgment at trial restored.

Orders

  • Appeal allowed; judgment at trial restored
  • Costs awarded to appellant