Machine's 'mistake' kills $43M casino win

Machine's 'mistake' kills $43M casino win TheStar.com - Ontario -

IAN WILLMS FOR THE TORONTO STAR

Paul Kusznirewicz and wife, Halina, are suing the Ontario Lottery and Gaming Corporation for $42.9 million he says he won on a slot machine.

Slots player says no dice to consolation dinner, calls his lawyer instead

March 18, 2009

Robyn Doolittle
STAFF REPORTER

For five glorious minutes, Paul Kusznirewicz thought he was a multi-millionaire.

A new house. A new car. College funds for the kids and their kids and their kids. All of his dreams were going to come true.

It was Dec. 8 at the Georgian Downs casino in Innisfil, Ont.

The 55-year-old sat stupefied, gawking first at the Buccaneer slot machine – Jackpot! You've won $42.9 million – then at his equally stunned wife.

"The lights and the sounds. It was saying on the machine 'Call attendant. You have won a jackpot of over $42 million,' " he said. "I couldn't believe it."

Amidst the bells and whistles, a casino employee arrived, at first offering congratulations on the win.

"Oh," he remembers the attendant saying. "But look at how big. I'll have to call a supervisor."

Casino personnel rushed to the slots – two supervisors, security and several mechanics. They took pictures. A crowd began to gather. Finally, someone said: "We can't pay you that money because that machine is broken."

But as compensation, Kusznirewicz was offered four coupons for the casino's dinner buffet.

Yesterday, just before 1 p.m., Kusznirewicz's lawyer, Bryan McPhadden, served the Ontario Lottery and Gaming Corporation with legal papers. Kusznirewicz, who lives in Wasaga Beach, believes he should be compensated.

OLG has countered that the maximum payout for the Buccaneer slot game – a 2 cent per play machine – is $9,025.

"It malfunctioned. It clearly malfunctioned," said spokesperson Allison Sparkes. "Each machine has a posted sign that says malfunction voids all pays and plays."

But what wasn't posted is the maximum prize amount, said McPhadden.

"The maximum payout of the machine is not clearly stated on the machine as is the case with many other (slots in the casino), which bear stickers stating the maximum win. Accordingly, it is not clear that that amount cannot be won on this machine," he said.

Furthermore, McPhadden says that despite weeks of discussions with OLG's legal team, the corporation has never provided evidence the machine malfunctioned.

Sparkes says a report compiled after the incident indicated that the machine never actually went into jackpot mode and that an error message flashed on screen.

"There was an error message," she said, adding that the OLG deals with public money and must protect the public's interests. "The machine did not go into jackpot mode and the patron was informed there was a malfunction in the machine."

To this, McPhadden says both Kusznirewicz and his wife know what they saw. Neither noticed any error message.

"All the normal lights, bells and the like associated with a win were shown on the machine and this is what attracted the OLG floor attendant to go to the machine," he said, adding that the gaming corporation took photos of the machine at the time. "OLG should release those photographs now if it is taking this position. Had OLG provided us with these long ago, as it has had ample opportunity to do, we may not have commenced the action or continued with it."

Kusznirewicz, who immigrated to Canada from Poland in 1981, has two children and three grandchildren.

"I have dreams, you know," he said. "Then boom, just like that, the dreams are gone."

Kusznirewicz says he and his wife have enjoyed going to the casino a few times a month for the past five or so years. In the past, he has won small jackpots – $500 once and a few $300 prizes. "But I've put much more money in," he said.

The Alcohol and Gaming Commission of Ontario is investigating the allegations.