Tim Hortons' botched Roll Up to Win class action approved, judge rules, but only for Quebec customers
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According to the court decision, the lead plaintiff in the suit received an email on April 17, 2024, informing him that he'd won a Tracker Targa 18 WT 2024 boat and its trailer as part of the Roll Up To Win promotion. Later that day, the company sent out a second email blaming 'technical errors' for the fact that clients had been incorrectly informed they'd won certain prizes. The company also apologized for the frustration.
According to Friday's decision, the company argued in part that the communications did not constitute a consumer contract, and therefore should not fall under consumer protection laws.
Bisson rejected that argument, noting the promotion required consumers to purchase something to enter. However, he said the company would have the opportunity to argue its case in detail when it is heard on its merits.
The judge added that 'an error in Tim Hortons' declaration or a defect in its systems does not exempt it from liability' under Quebec consumer protection laws.
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