Lawyer Minded Chew Toy

[tough love]

Quebec school employee seeks DNA test on prize-winning Tim Hortons cup

MONTREAL (CP) - A Montreal lawyer wants a DNA test on a prize-winning Tim Hortons coffee cup that has already pitted two elementary school girls against one another.

Claude Archambault said his client, whom he declined to name, bought the coffee cup that was picked out of the garbage bin by a 10-year-old girl at her elementary school in St-Jerome, north of Montreal. Archambault sent a letter to Tim Hortons last week asking the company not to award the prize SUV until the matter is resolved.

"My client, he's not rich," Archambault said Monday.

"He's very sympathetic toward the girls who found the cup, but he said, 'I bought it, and I should be the one who should be paid.' That's his position."

The company has not yet responded to Archambault's letter.

Archambault said no legal action has been taken while he researches the laws that would apply to the case.

He said there is a witness who saw his client with the cup but he would like a DNA test.

A spokesman for Tim Hortons declined to comment on the latest turn of events, but a legal expert said the claim is unlikely to succeed.

"That, I think, is ridiculous," said David Lametti, a law professor at McGill University.

"You might make a claim of ongoing ownership if you lose something... but this was thrown away, it was abandoned."

And under Quebec civil law, when a person abandons an object he relinquishes his claim, he said.

"He threw it away in a public dumpster, right? That, to me, is clearly abandonment," Lametti said.

It's the second dispute over the winning Quebec coffee cup.

According to media reports, the 10-year-old who plucked it from the garbage can last Tuesday couldn't unroll the rim with her small fingers and asked for help from a 12-year-old school mate.

When the cup turned out to be a winner, one of 30 with Toyota RAV4 written under the rim, a dispute erupted over who had claim to the $28,700 prize.

The 12-year-old's mother has said she's not considering legal action, but would like her daughter to share in the prize.

http://www.canada.com/topics/news/oddit ... 1c9fe09bd1


It will be interesting to see how this one plays out.

Law professor at McGill University claims:
Under Quebec civil law, when a person abandons an object he relinquishes his claim

The Law being an ass, i'm going with; Archambaults' client (whom was reported to be a teacher at the school) should be awarded the prize if the DNA test is a match.

[Goober McTuber]

I’m going with; you’re a fucking idiot. Dude threw the cup away, terminating his possession of said cup. EOS.

[tough love]

^
A: He paid for the cup.
B: He didn't realize he was throwing away a vehicle.

That's got to add up to something, even in a libby_tarded legal system.

[Shlomart Ben Yisrael]

^
A: He paid for the cup.
B: He didn't realize he was throwing away a vehicle.

That's got to add up to something, even in a libby_tarded legal system.

Are you still having those rape fantasies of being gang-banged by a group
of big, sweaty Sikh men?

Tina, you're a mess.

[tough love]

^
No and Yes I am

[Funkywhiteboy]

Tim Horton's needs to expand their US franchising beyond a few cross-border outposts, IMO.

As for the cup, what else do the Quebecers have to fight over,
besides suppressing English-speakers in their own mini-nation? :P

[Risa]

I’m going with; you’re a fucking idiot. Dude threw the cup away, terminating his possession of said cup. EOS.

Rack.

This reminds me of the case where that homeless man found a scratchoff worth a million, then some dude who claimed to spend $600 bucks a throw on scratch offs but he only scratches off the code and tosses the rest if they don't appear to be winning codes says he bought it, it's his. Even though he threw it away.


You throw it away, you abandon it, it's no longer yours.

You didn't peel back the sticker, you didn't choose to play the game.
If you don't choose to play the game, you don't win anything if someone else does choose to play the game.

Give the girls the money, split it 50 50 between them. or 60 for the girl who went digging through trash (what the fuck?) and 40 for the girl who helped her peel it off.

I can't believe anyone would try to do some shit like this, these girls mothers should be flayed alive for teaching such bad shit to them.

and dude doesn't deserve a penny, dna or no dna.

[Risa]

^
A: He paid for the cup.
B: He didn't realize he was throwing away a vehicle.

That's got to add up to something, even in a libby_tarded legal system.

I hope not.

He didn't play the game.
He threw his chance away.

Whats in the garbage -- garbage you put there, it wasn't misplaced, he intentionally put it there -- is now public property.

You don't play the game.
You intentionally throw out your chance to someone else.
You don't get a dime.

That's almost like someone trying to sue for property because they put a $5 frame out at a garage sale or Ebay, and then the new owner had it appraised and it's worth hundreds of thousands of dollars. No. You wanted rid of it, you got rid of it. It wasn't stolen. It's no longer yours.

[fix]

Tim Horton's needs to expand their US franchising beyond a few cross-border outposts, IMO.

They will be.

Got your piece of the pie err doughnut yet?

http://ca.news.finance.yahoo.com/240320 ... ading.html

[tough love]

Sis Wrote:
You throw it away, you abandon it, it's no longer yours.

According to that argument; the school should stake a claim to it as well.
The winning cup was in their garbage can, thusly making them the rightful owner. :wink:


I still say; Buyers Keepers.

[Goober McTuber]

That would be fine, if the stupid Canucktard was smart enough to keep it.