Hung Sengsouvanh. (Photo: BCLC)

B.C. lottery winner being sued by co-workers

They claim he owes them $200,000 each, in a lawsuit filed in B.C. Supreme Court in Vancouver

A group of Surrey factory workers is suing a co-worker over a $1-million Lotto Max Maxmillions lottery prize they say the defendant must share with them.

The plaintiffs, represented by Henderson and Lee Law Corporation, claim their colleague has refused to provide them with their “equal shares” of $200,000 each, to a total of $800,000, and are seeking a judgment in that amount as well as aggravated and punitive damages and a garnishing order against the defendants.

Plaintiffs Ding Jiu Du, Haret Dagane, Elwood Prado and Tounkham Homsombath filed their notice of claim on Feb. 15 in B.C. Supreme Court in Vancouver. The defendants Hung Sengsouvanh and John Doe have not yet filed a response and a court date has not yet been set for the unproven claims to be tested.

The Surrey Now-Leader could not reach Sengsouvanh for comment.

READ ALSO: Surrey woman wins whopping $39.5 million

“The Defendant, John Doe, is a party or parties, that the Plaintiffs believe has received monies from the Defendant Hung for the purpose of evading payment of the same to the Plaintiffs,” reads the notice of claim.

The plaintiffs claim Sengsouvanh told them he transferred some of the $1 million to friends or family and allege this was part of a “conspiracy” to deprive them of their share.

They also allege Sengsouvanh told them he would use funds from the $1-million prize to pay towards, or pay off, the RBC mortage on his property, buy a new car, and “later learned” he planned to quit his job and travel to Laos.

The notice of claim says the plaintiffs and defendant work at a lighting factory in Surrey owned by Signify Lighting Ltd., where Sengsouvanh, a Fleetwood resident, is the lead hand of the plaintiffs’ team. Some of the plaintiffs have been friends with the defendant for many years, and some are his neighbours.

READ ALSO: Longtime B.C. friends share $20 million Lotto 6/49 jackpot

According to the lawsuit, the workers were contributing cash on Dec. 12, 2018 for a Christmas potluck party, with the organizers asking that each contribute $15. Some had only $20 or $10 bills, which made it difficult to provide the $5 in change to those employees who paid $20.

So one of the plaintiffs proposed that Sengsouvanh and the plaintiffs would each take the $5 of leftover change to buy a $25 ticket for the Dec. 14 jackpot, the court document says, with Sengsouvanh suggesting they pitch in an extra $1 to buy a Extra ticket for a total $26, and he threw in a loonie.

The lawsuit claims Sengsouvanh volunteered to buy the ticket after work and that they verbally agreed that any winnings would be divided equally among the contributors.

“Some of the Plaintiffs had been friends with the Defendant Hung for many years, and all of them had a good relationship at work and trusted him and respected him as their Lead Hand,” the notice of claim states.

“It was based on that trust that the Plaintiffs believed that they did not have to put the Contract into writing.”

The lottery was drawn Dec. 14 and the plaintiffs didn’t hear from the defendant on the weekend of the 15th and 16th, nor did he show for work on Monday, Dec. 17, the lawsuit states.

SEE ALSO: 2018 was lucky year for 36 B.C. lotto winners

The plaintiffs claim they learned through social media that Sengsouvanh won one of the $1 million Maxmillions prizes “using the ticket purchased with the money provided by the Plaintiffs,” but the defendant didn’t win the Extra with the additional loonie he pitched in. The plaintiffs argue that Sengsouvanh was entrusted with their money to buy the lottery ticket and share any winnings with them equally.

“The Plaintiffs were peculiarly vulnerable to the Defendant Hung because he had sole physical possession of their money to purchase the ticket and subsequently sole physical possession of the BC Lotto Max ticket he purchased,” the lawsuit claims.

“Furthermore, as a lead hand the Defendant Hung had a degree of authority and control over the Plaintiffs. He owed the Plaintiffs a fiduciary duty.”

It also alleges Sengsouvanh has been “unjustly enriched with $800,000.00 of the $1 million prize, to the deprivation of the Plaintiffs,” and that they hold a “constructive trust” in any assets the defendant has acquired using this money.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

No COVID-19 public exposures in the North Health Region at this time

Northern Health Authority issued a statement on Sept. 17

Tax penalties of 10 per cent to be applied by City if not paid on time

Prince Rupert Property taxes for certain non-residential properties are due by Sept. 30

Single-engine aircraft crashes near Telkwa

Two occupants of the plane sustained minor injuries and were transported to hospital

Northwest firefighters headed to Oregon to battle wildfires

Over 200 B.C. firefighting personnel will assist in the U.S.

Search concludes over human remains found

Prince Rupert RCMP said search in Moresby Park area has concluded

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

Man sentenced to 7 years for gas-and-dash death of Alberta gas station owner

Ki Yun Jo was killed after Mitchell Sydlowski sped off in a stolen cube van without paying for $198 of fuel

70-year-old punched in the head in dispute over disability parking space in Nanaimo

Senior’s turban knocked off in incident at mall parking lot

CHARTS: Beyond Metro Vancouver, COVID-19 cases in B.C. haven’t increased much recently

COVID-19 case counts outside of Metro Vancouver have been level since July

Record-breaking 165 new COVID-19 cases diagnosed in B.C. in 24-hour period

Fifty-seven people are in hospital battling the novel coronavirus

B.C. teachers file Labour Relations Board application over COVID-19 classroom concerns

The application comes as B.C.’s second week of the new school year comes to a close

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

B.C.’s COVID-19 economic recovery plan: Top 5 things you need to know

Jobs training, tax incentives for employers to hire staff and more

March to protect old growth, stop industrial logging coming to B.C. Legislature

Organizers say they want to give frontline communities a bigger say in nearby logging

Most Read