Quote:
Originally Posted by gregorio
4.4 Are gambling debts enforceable in your jurisdiction?
If the debt is incurred in a legally operated gambling facility, such debts are considered a form of consumer debt and are treated accordingly. However, if the gambling debt is incurred in the course of illegal or private gambling, provincial gaming laws prohibit the use of civil proceedings to collect such debts. As an example, section 47.1 of Ontario’s Gaming Control Act states that “no person may use civil proceedings to recover money owing to the person resulting from the [sic] participating in or betting on a lottery scheme .... unless the lottery scheme is authorized under subsection 207 (1) of the Code”.
https://iclg.com/practice-areas/gamb...lations/canada
Thanks for a great answer. I understand that on the face of it being a simple gambling debt, you cant sue to recover the winnings.
However, what I am particularly interested in is the
Fraud angle.
Definition of fraud: wrongful or criminal deception intended to result in financial or personal gain.
Common Hypothetical:
Citizen A (CA) contacts Citizen B (CB) and solicits CB to place some legal private bets with him.
CB agrees to this solicitation and both parties place, and lock in bet(s) with each other. CA loses the bet(s) and refuses to pay CB.
CA is wrongfully deceiving CB for CA's own personal financial gain; the deception being the notion that CB will have a fair and honest chance of winning the contest and is not being freerolled.
CA may not make personal financial gain on every single freeroll, because he will lose sometimes, but over time, if he freerolls 100 people on legal bets, he will undoubtedly make money. As such, the intent of CA's deception is to make money long term.
You could also argue that the value CA achieves by "never losing" can be considered "personal gain"!
Anyways, I may be super far off with this because im NAL, but I just thought it was an interesting angle considering it is fully LEGAL to place private bets. I cant imagine that it is legal to fraudulently solicit citizens for legal bets with the intention of freerolling them if you lose.
Last edited by randorambo; 01-15-2020 at 01:25 PM.