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
Iran President Ebrahim Raisi found dead at helicopter crash site, state media says
Iranian president, the country’s foreign minister and others have been found dead at the site of a helicopter crash Monday after a search through a foggy, mountainous region of the country’s northwest.
Court eases internet restrictions for Sask. man who matched with a 15-year-old girl on Tinder
A Saskatchewan man who had a sexual encounter with a 15-year-old girl he met on Tinder successfully appealed to shorten release conditions barring him from online dating.
Stittsville residents seeking answers as bylaw cracks down on street basketball nets
Stittsville residents on Kearnsley Way are seeking answers after an unusual bylaw crackdown on Friday. Every home with a basketball net received a ticket instructing homeowners to remove their nets from the road.
'A horrible way to start the summer': 3 killed in serious boat crash on lake north of Kingston, Ont.
Three people were killed and five others were injured Saturday night following a boat crash on the Buck Bay area of Bobs Lake, north of Kingston, Ont., the Ontario Provincial Police (OPP) said.
What do we know so far about the mysterious crash of the helicopter carrying Iran's president?
The apparent crash of a helicopter carrying Iran's president and foreign minister on Sunday sent shock waves around the region.
Ex-partner charged with first-degree murder after 55-year-old woman killed in Montreal
Less than 24 hours after Montreal's 12th homicide investigation began, Montreal police confirmed that a 55-year-old woman's death in St. Michel is the island's 13th homicide. The woman's ex-spouse has been charged with first-degree murder.
Walmart, Costco refusing to sign grocery code of conduct 'untenable': industry minister
Industry Minister Francois-Philippe Champagne says it's 'untenable' for 'smaller players' like Walmart and Costco to delay signing on to the government- and industry-led grocery code of conduct, now that industry giant Loblaw has agreed to do so.
VIDEO Born without front legs, this dog has been inspiring the world for 3 years: Dresden farm owner
A sanctuary dedicated to animals with disabilities is celebrating the third birthday of one of its most popular residents.
Toxic drugs circulating in northeastern Ont., police say
Canada’s largest First Nations police service, the Nishnawbe Aski Police Service issued a community safety alert as extremely toxic drugs are likely circulating in many of the communities it serves.