‘It broke my heart’
Share of Chase the Ace prize frozen
Tyrone MacInnis enters a Port Hawkesbury Supreme courtroom, Monday, where Justice Patrick Murray granted an order freezing the contested portion of a $1.2 million Chase the Ace lottery jackpot in Port Hawkesbury Supreme Court Monday. MacInnis, will not be able to spend any of his portion of the winnings until the dispute is dealt with by the courts. His aunt, Barbara Reddick, argues that she should be the sole winner of the prize.
Tears rolled down Barbara Reddick’s face as she spoke to reporters after a Nova Scotia Supreme Court justice granted an order that a share of a contested Chase the Ace lottery prize will be frozen until there is a final outcome in the dispute.
Justice Patrick Murray presented his oral decision granting the preservation order in Port Hawkesbury Supreme Court Monday morning.
Earlier this month, Murray had issued an interim order that Tyrone MacInnis of Glace Bay could not spend his share of the lottery prize. MacInnis, along with his aunt, Barbara Reddick of Guysborough, claimed the Chase the Ace jackpot in Margaree on July 10.
The ruling came during a hearing on motion to freeze MacInnis’ share sought by Reddick, who claims she is entitled to the entire prize, not just half.
The dispute over splitting of the $1.2-million Chase the Ace lottery winnings resulted in her previously close relationship with her nephew becoming seemingly irreparably broken, Reddick told reporters.
“I never spoke to him yet, it broke my heart,” she said, adding going through the court process is worth it, “for the principle.”
In her lawsuit against her nephew, Reddick asserts she is the sole winner of the prize, arguing she e-transferred $100 to the 19-year-old MacInnis to buy her tickets for the popular game and that he could write his name on her tickets for good luck.
In issuing his decision, Murray said it was not a judgment on MacInnis’ financial responsibility. The judge noted MacInnis has a scholarship to attend university, lives with his parents and works to pay for his other expenses. Other than a used vehicle, he has no other assets.
“There are factors that suggest a risk of non-recovery,” Murray said.
Reddick had to meet a threepart test in her application for the preservation order – that there was a strong case on the face of it to be heard; that there would be irreparable harm if the order wasn’t granted due to MacInnis’ circumstances and ability to pay any eventual judgment against him; and where does the balance of convenience fall.
Murray said in determining whether there is a serious issue to be tried, the court does not have to delve deeply into the merits.
He also found that MacInnis won’t suffer any harm as a result of not being able to access the funds until
“We’ll sit down, everybody, with the judge and try to work out a settlement that makes everybody happy, but that’s to be determined how the parties approach it.”
Adam Rodgers, lawyer for Barbara Reddick
the claim against him is decided.
“Unfortunately, what should have been a joyous event in their lives has led them to this courtroom,” Murray said.
Reddick, who retired after serving in the Canadian Armed Forces as a supply technician in the navy for 23 years, claimed there was no discussion or agreement with her nephew about splitting the winnings. She also claims MacInnis put his home phone number on the tickets without her instruction or permission.
The defence has argued that Reddick directed MacInnis to put his name on the tickets and he sent her a video showing her the completed tickets prior to the draw.
Following the discovery of two names on the $1.2-million winning ticket, Margaree officials divided the prize into two cheques for $611,319.50.
A settlement conference has been set for Sept. 17 when the parties will meet with the judge in chambers to see whether they can come to an agreement regarding the winnings.
“We’ll sit down, everybody, with the judge and try to work out a settlement that makes everybody happy, but that’s to be determined how the parties approach it,” Reddick’s lawyer Adam Rodgers said.
Reddick maintained she would have given MacInnis $150,000 from the winnings. When asked if she had anything to say to her nephew she said she didn’t at this time.
MacInnis, who is represented by Candee McCarthy, did not speak to reporters.