Roll Up To Win customers seek $10,000 each from Tim Hortons after false boat win
A lecturer in business law at the University of Waterloo does not expect a proposed class action lawsuit against Tim Hortons would be successful.
Montreal-based law firm, LPC Avocats, filed an application with the Superior Court of Quebec on Friday for a class action lawsuit. According to the firm, around 500,000 customers across Canada received the emails from the coffee giant on Wednesday, erroneously claiming customers had won a boat and a trailer worth more than $68,000 from the Roll Up To Win contest.
The lawsuit is seeking punitive damages of $10,000 for every customer who received the email and potential other damages.
Tim Hortons says lawsuit has 'no merit'
Tim Hortons apologized, asking customers to disregard the content of the email last week. The company told CTV News in an email, a human error resulted in the incorrect information.
“When we became aware of the error, we quickly sent out an email to guests notifying them of the error and apologizing,” the email to CTV said. "Despite this human error, we firmly believe there is no merit to the lawsuit and we will address this through the court."
The lawsuit has yet to be certified, but a lecturer in business law at the University of Waterloo said it's asking for a bit too much.
“They're likely isn't strong grounds for that type of claim that is being made,” Darren Charters, a lecturer in the School of Accounting and Finance at the University of Waterloo said. “$10,000 per individual is likely going to be a stretch.”
According to Charters, customers did not technically lose anything.
“They haven't lost anything that they had. So it was an opportunity that they lost,” Charters said.
Charters said the claim will have to establish some kind of breach of contract or breach of the Consumer Protection Act.
“It probably is not enough, provided the company has put in place at a prior point contest language, policy language that provides them that out,” Charters said.
LPC alleges Tim Hortons violated the Consumer Protection Act, which states merchants are bound to statements or advertisements about their services.
In 2022, Tim Hortons settled in a suit over customer privacy, by giving a free hot beverage or food item to those affected.
Charters said something similar will likely happen in this case and does not expect it to get to trial.
“Will it be settled in some nominal way? That's more the likely outcome," Charters said.
With more companies running electronic contests these days, Charters said similar situations would likely happen infrequently in the future. It’s best if businesses deal with it before it gets to the courts.
"But often if you can get out in front of it and 'hey, we're sorry, here is what we're going to do for the inconvenience,' that's probably the better way," Charters said.
Customers can register for the proposed class action lawsuit by clicking here.
CTVNews.ca Top Stories
Cyclist issued fine for striking four-year-old girl crossing the street
A cyclist turned herself in and received a fine after striking a four-year-old girl who was crossing the street to catch a school bus.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
Millions of Canadians have been exposed to potentially toxic chemicals, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
'We have no judge for you': Man's assault charges dropped weeks before trial due to lack of judges in Toronto
A man who was accused of sexually and physically assaulting a woman had his charges dropped in April, just weeks before he was set to stand trial in Toronto, due to a lack of judges in the region.
Dutch contestant kicked out of Eurovision hours before tension-plagued song contest final
The Netherlands' contestant in the Eurovision Song Contest was dramatically expelled from competition hours before Saturday's final of the pan-continental pop competition, which has been rattled by protests over the participation of Israel.
Woman in her 60s in life-threatening condition after Bridle Path bus shelter collision
Police say a woman in her 60s is in life-threatening condition after being struck by a vehicle at a bus shelter in Toronto's Bridle Path neighbourhood on Friday.
opinion How to use your credit card as a powerful wealth-building tool
Irresponsibly using a credit card can land you in financial trouble, but personal finance columnist Christopher Liew says when used properly, it can be a powerful wealth-building tool that can help grow your credit profile and create new opportunities.
Couple randomly attacked, 1 stabbed, by group of teens in Toronto, police say
A man has been transported to hospital after police say he was stabbed in a random attack carried out by a group of teens in Toronto on Friday night.
IN PHOTOS Northern lights dance across the night sky in southern Ont.
From London, to Mildmay, Collingwood and St. Thomas, here are some highlights of Friday night and Saturday morning's northern lights display.