Hung Sengsouvanh. (Photo: BCLC)

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

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

File
TNRD to test emergency alert app

The Voyent Alert! emergency notification will be sent April 23.

Interior Health nurses administer Pfizer-BioNTech COVID-19 vaccines to seniors and care aids in Kelowna on Tuesday, March 16. (Phil McLachlan/Kelowna Capital News)
69 new cases of COVID-19 in Interior Health

The total number of cases in the region is now at 9,840 since the pandemic began

Kelowna General Hospital (File photo)
Interior Health hospitals not strained by rising COVID case counts

While provincial hospitalizations rise, health care systems in the B.C. Interior remain robust, say officials

An Interior Health nurse administers Pfizer-BioNTech COVID-19 vaccines to seniors and care aids in Kelowna on Tuesday, March 16, 2021. (Phil McLachlan/Kelowna Capital News)
105 new COVID-19 cases in Interior Health

Just over 8,000 new vaccine doses administered in the region for a total of 158,000 to date

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

Premier John Horgan receives a dose of the AstraZeneca COVID-19 vaccine at the pharmacy in James Bay Thrifty’s Foods in Victoria, B.C., on Friday, April 16, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. Premier John Horgan gets AstraZeneca shot, encourages others

27% of residents in B.C. have now been vaccinated against COVID-19

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Since April 4, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived. (Phil McLachlan/Capital News)
Vancouver the largest source of domestic flights with COVID-19 cases: data

This month alone, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Most Read