In Queen, The v. Topechka, 1960 CanLII 74 (SCC), [1960] S.C.R. 898, it was found that this uncertainty or chance must refer to the machine itself. Clearly, there is no uncertainty in this case, as a pull-ticket will be received each and every time the proper amount of money is inserted. It is true that what the buyer walks away with is a chance at winning, but how can this be different than when a machine dispenses a bottle of coke with the chance to win a prize indicated under the bottle cap liner? The respondent suggests an element of choice is required - but one has no choice which bottle, as distinct from the brand, of pop one receives. He or she receives the next in line.
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