Case Name :
Tim Hortons Roll Up To Win Tracker Targa Boat & Trailer Class Action
Superior Court of Quebec file #:
500-06-001306-246
The Issue:
The purpose of this class action is to ask the Court to order specific performance, i.e. to force Tim Hortons to deliver the boats it informed customers they had won.
On April 17, 2024, Tim Hortons sent an email (from the email address promo@promo.timhortons.ca) to approximately 500,000 of its mobile application customers declaring to them that they won a Tracker Targa 18 WT 2024 boat and its trailer as part of their “Roll Up To Win” campaign. The email was addressed individually by name to each Class Member. The Tracker Targa 18 WT 2024 boat and its trailer is worth $64,000.00 inclusive of taxes.
Just as in the Supreme Court of Canada case of Richard v. Time, the general impression of the representation in the Tim Hortons email clearly gave the average consumer the impression that they won the boat and therefore constitutes a prohibited practice.
Indeed, section 41 of the Consumer Protection Act (“CPA”) stipulates that when a merchant makes statements about its services, such as the Tim Hortons mobile app or the Roll Up to Win promotion: “The statements or advertisements are binding on that merchant or that manufacturer”. Section 42 CPA goes further and stipulates that “A written or verbal statement by the representative of a merchant or of a manufacturer respecting goods or services is binding on that merchant or manufacturer”. The CPA is of public order and cannot be derogated from pursuant to sections 261 and 262 CPA.
Proposed Class:
All consumers in Canada who received an email from Tim Hortons declaring that they won a Tracker Targa 18 WT 2024 boat and its trailer as part of the Roll Up To Win promotion, or any other prize that was never delivered to them.
Remedies Sought for Consumers:
The purpose of this class action is to obtain:
a) the specific performance of the obligation to deliver the boat;
b) damages in an amount to be determined; and
c) punitive damages of $10,000 per Class Member.
Status:
Application to Authorize a Class Action filed in the Superior Court of Quebec, district of Montreal on April 19, 2024. Pending authorization hearing.
