A British Columbia Supreme Court judge has decided that Cheryl Johnson is allowed to keep the $112,235 her ex-boyfriend Timothy Jones won while gambling on her online casino account. Jones had initiated legal action against Johnson after receiving only $5,250 from her following his $118,000 win.
Johnson argued that she had only deposited $80 into the account, which Jones used to gamble, and had specifically instructed him not to access her account.
In his ruling, Justice Ronald Tindale supported Johnson's claim that she funded the gambling account and found that Jones did not have the authority to use either her account or the money she deposited. "In my view, there is a reason in law for the defendant to retain the Casino Winnings: the plaintiff had no permission to use the Casino Account or the $80 which was transferred into the Casino Account," Tindale stated in his judgment issued last week. He further clarified, "This is not a case where the Casino Winnings were paid by mistake to the defendant. It was the defendant’s Casino Account and it was the defendant’s money which was used to play the winning game all without the permission of the defendant."
Jones claimed his strategy was responsible for the winnings, but the judge countered, asserting the outcome was purely a matter of luck. “In my view, on a game of chance, there can be no strategy which the plaintiff employed that resulted in the Casino Winnings beyond the fact that the plaintiff played the game,” he explained.
The jackpot that Johnson won came from playing slots at JackpotCity, an online casino not authorized to operate in British Columbia, although this detail was not a factor in the ruling. Recently, Alberta launched its regulated gaming market, becoming the second province to do so after Ontario, where JackpotCity is licensed to operate.
Johnson's son, then 16, was also reportedly gambling on her account. While Jones acknowledged he allowed the boy to play a few rounds, he insisted this occurred before the jackpot was won. After the win, Jones celebrated on Facebook but used the phrase "he won," claiming he was referencing himself. Justice Tindale deemed this explanation lacking clarity.
In British Columbia, gambling is restricted to those 19 years and older, with significant ID checks in place to prevent underage gambling. Johnson stated that after the win, Jones told her to check what her son had done. The son testified that Jones had played the game and then put him in front of the laptop during the bonus round, which resulted in the winnings.
The judge acknowledged that Jones was the primary gambler with the boy only passively involved. However, he stated this did not grant Jones any entitlement to the winnings.
The conflict over the money ultimately led to the unraveling of Johnson and Jones's troubled relationship. Johnson recounted Jones's abusive behavior while drinking and mentioned that he often used her bank account to avoid payday loan companies seizing funds from his own account. She also noted that Jones owed her $1,500 and had frequently borrowed money throughout their relationship. Jones conceded he only used her account when he had depleted his funds. Following the jackpot win, Johnson sent Jones a portion of the total winnings in an effort to extricate him from her life.
