Tim Hortons Roll Up to Win class action approved for Quebec customers

A Montreal judge has officially allowed the progress of a class action lawsuit concerning an event involving Tim Hortons in Quebec. The Roll Up to Win promotion by Tim Hortons experienced a mishap when participants across Canada were erroneously informed through an email in April 2024 that they had won a boat as a prize—only to later realize it was not the case. According to Montreal-based law firm LPC Avocats, about 500,000 customers were affected by this mix-up and were then told they had not won the boat as initially communicated to them, leading up to this class action.

Justice Donald Bisson from the Superior Court approved last week that the Quebec case against Tim Hortons is valid, pointing out that since Quebec’s consumer protection laws substantially influenced the case aspects, it would be restricted to residents from that province. The crux of the matter lies in how the failure to deliver the prize boats to the people wrongly notified implies a potential breach of trust in mobile app contests. Bisson highlighted this by mentioning that some customers who thought they had won the boat celebrated prematurely with family, creating an emotional letdown when they discovered the error.

Attorney Joey Zukran underscored Tim Hortons’ lack of commitment to compensatory action after the error surfaced, showcasing a dismissal and disregard towards customer loyalty. By neglecting the valuable ‘loyalty’ aspect from their customers and failing to offer even a token gesture to rectify their blunder, Tim Hortons missed an opportunity to rebuild strained relationships with its base. Zukran emphasized Quebec’s law that holds establishments accountable for discrepancies, which positions Tim Hortons as the accountable party rather than the customers for errors like these.

The lawsuit sheds light on Canada’s contest rules where purchases are a prerequisite to enter, making Tim Hortons liable under consumer protection laws. Even though Tim Hortons argued against the communication’s consumer contract eligibility, Bisson rejected their claims, stating that the conglomerate would get a chance to elaborate further during the court hearing. He also reinforced that any inaccuracy in Tim Hortons’ claims does not exempt them from being liable under Quebec’s consumer protection code.

The legal proceedings will see any affected Quebec residents typically participating in the lawsuit, requiring a formal application within three months. While the lawsuit could take years to go through the legal system, the resolution could entail a settlement if Tim Hortons chooses to settle the case promptly. Tim Hortons has previously expressed regret for the email error in 2024 and refrained from further commenting, acknowledging the need for ongoing legal proceedings before offering any additional comments on this issue.