A judge in Montreal has granted approval for a class action lawsuit regarding erroneous emails sent by Tim Hortons to participants of the popular Roll Up to Win promotion, though the ruling is limited to Quebec residents. The Montreal-based law firm LPC Avocats claims that approximately 500,000 customers across Canada received emails in April 2024, mistakenly informing them that they had won a boat as part of the promotion, only to later be informed that the notifications were incorrect.
The law firm argues that the affected customers are entitled to receive the boat and trailer they were told they had won, along with damages. The total value of the prize is estimated to be around $64,000. In a ruling delivered by Superior Court Justice Donald Bisson, the case was permitted to proceed, but it was delineated to only include residents of Quebec, as the legal proceedings are based on the consumer protection laws specific to that province.
Justice Bisson stated that denying the boats to individuals who were misled into believing they had won—while not offering them any alternative compensation—could significantly harm the public's trust in mobile app contests. This concern provides justification for a claim involving punitive damages. The ruling referenced testimonies from individuals who celebrated their 'wins' with family and Tim Hortons employees, only to be devastated upon learning that the prizes were not genuine.
Joey Zukran, a lawyer representing the plaintiffs, criticized Tim Hortons for failing to provide any form of compensation, even something as simple as a free coffee, to address the mistake. He emphasized that according to Quebec consumer protection laws, it is the merchants, not the customers, who should bear the responsibility for such errors.
A spokesperson for Tim Hortons expressed that the company had already issued an apology last year to customers who received the incorrect email notifications, but declined to provide further comments as the case is still ongoing in the court system. The communications director, Michael Oliveira, articulated via email that the company acknowledged the frustration caused and confirmed that all legitimate prizes within the contest were distributed as per the established rules.
The court decision highlights that the lead plaintiff received an initial email on April 17, 2024, indicating he had won a Tracker Targa 18 WT 2024 boat along with its trailer as part of the promotion. However, a subsequent email from the company later that same day attributed the misinformation to "technical errors" and included an apology for the confusion. In its defense, Tim Hortons contended that the erroneous communications did not establish a consumer contract, thereby limiting their exposure under consumer protection laws; however, Justice Bisson dismissed this claim, indicating that consumers were required to make a purchase to participate in the promotion.
The judge highlighted that a technical error on Tim Hortons' part does not excuse them from liability under Quebec's consumer protection regulations. Zukran mentioned that he is uncertain of the number of individuals who will join the lawsuit given the restricted eligibility criteria. He has three months to file the formal lawsuit, known as an originating application. The legal proceedings could extend over several years unless the company opts for a settlement.
