Are lottery winnings at issue at the end of the relationship?

Nova Scotia, Canada


The following excerpt is from Doucette v. Hache, 2010 NSSC 299 (CanLII):

Both parties have provided cases where lottery winnings were at issue at the end of a relationship. In Nisbet v. Nisbet, 2002 BCSC 596 the parties were married and had joint bank accounts. On numerous occasions during their marriage the parties purchased lottery tickets from their joint bank account or their personal accounts. During a separation the parties and another couple won a lottery draw of over one million dollars from a particular number combination they had used for a number of years. The husband had received the winnings when the parties were separated and he placed them in an account controlled by him. The parties reconciled and separated again. There was a dispute regarding the remaining money from the lottery win. The winnings were found to be joint and not analogous to an inheritance. The Nisbet case is distinguishable from this case as the parties were married, they purchased lottery tickets jointly and they had played the winning number combination for a number of years.

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