CNIB withdraws claim against another lotto kiosk operator

‘They are very, very happy with the outcome,’ says lawyer.

The Canadian National Institute for the Blind has withdrawn its claim against another former lottery kiosk operator it was accusing of missing thousands of dollars.

The national charity has reached a “resolution” with Donna and Gary Kirby, who operated a Halifax lottery kiosk for three years.

“They are very, very happy with the outcome,” says Laura Veniot, their lawyer, who says the amount of money involved was causing a lot of stress and anxiety for her clients.

“It’s been a long road. It hasn’t been easy,” Veniot says. “They’ve had this hanging over their heads for a year and a half now.”

CNIB started small claims action against the couple, looking to recover almost $19,000, which it alleges they were responsible for.

The couple, like other former kiosk operators, maintained their innocence.

“They were willing to go through a trial if it was necessary to clear their names, but fortunately it wasn’t necessary,” Veniot says. “The resolution is satisfactory and my clients are happy.”

Veniot says the agreement is confidential and therefore she cannot release details. However, CNIB has now withdrawn its court action against the couple.

Lawsuits still pending
The charity was originally suing people who ran four booths in the Maritimes, saying they were responsible for $100,000 in missing money. It previously reached an agreement with Truro resident Ed House.

It had a $26,000 judgement against him because he didn’t show up for the court date.

However, it withdrew that and reached a confidential settlement, which House says left him feeling vindicated.

In a third case, former kiosk operator, Charlotte MacFarlane, filed a complaint with the Nova Scotia Department of Labour, after CNIB withheld her pay, claiming she owed them money.

CNIB subsequently reached an agreement with her.

In every case, the lotto booths were audited on a regular basis with good reviews until suddenly significant sums of money went missing.

All the former kiosk operators says they did nothing wrong and questioned the CNIB’s auditing process.

In the Kirby case, CNIB says the matter has been resolved to the satisfaction of all parties.

It still has lawsuits pending against a kiosk operator in Summerside and another in Bathurst.

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June 8, 2015