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Hung bought the ticket as agreed, but his co-workers did not hear from him over the weekend of Dec. 15 and 16, and Hung did not attend at the factory on the following Monday, says the lawsuit. The co-workers only learned via social media that Hung had won one of the $1-million Maxmillions prizes using the ticket bought from the money provided by them, says the suit.

“The plaintiffs asked the defendant Hung to provide them with their equal shares of the $1-million prize which would be $200,000 per plaintiff,” says the lawsuit. “The defendant Hung has repeatedly refused to provide the plaintiffs with their equal shares of the prize.”

Lotto Max is a nationwide lottery game with jackpots between $10 million and $60 million, and with multiple additional prizes known as Maxmillions worth $1 million each.

The co-workers say that they were “particularly vulnerable” to Hung because he had sole physical possession of their money to buy the ticket and subsequently had sole physical possession of the ticket that was purchased. As the lead hand at their factory, Hung had a degree of authority and control over them and owed them a fiduciary duty, they say.

The plaintiffs allege that Hung told them he had transferred some of the $1-million prize to friends or family and that he would also be using the funds to pay toward or pay off the mortgage on his Surrey home. They say they also learned that Hung planned to quit his job at the factory and planned to travel using the prize that they were entitled to.

The suit seeks several remedies including a request that the court make a finding that Hung is liable to his co-workers and an order that Hung pay them their share of the winnings.

No response has yet been filed to the lawsuit that contains allegations that have not been tested in court. Hung could not be reached for comment.

kfraser@postmedia.com

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