Latest news with #DonaldBisson
Vancouver Sun
2 days ago
- Business
- Vancouver Sun
Tim Hortons' botched Roll Up to Win class action approved, judge rules, but only for Quebec customers
A judge has authorized a class action lawsuit over emails Tim Hortons sent out in error to participants in its popular Roll Up to Win promotion — but only for Quebec residents. Montreal-based firm LPC Avocats claims some half-million customers across Canada received an email in April 2024 saying they had won a boat through the promotion, only to be told later this wasn't the case. The law firm says those clients should be awarded the boat and trailer they were told they won, plus damages. It says the prize's value is about $64,000. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. Superior Court Justice Donald Bisson ruled last week that the class action can move forward, but limited it to Quebec residents because the case hinges on that province's consumer protection laws. 'Indeed, and among other things, according to the court, refusing to give the boats to those who were told they had won them — and even not offering them anything else — could destroy the public's trust in mobile app contests and justifies the claim for requested punitive damages,' Bisson wrote in a judgment dated Friday. The ruling cited statements by people who described celebrating the news of their 'win' with family and Tim Hortons staff, only to be crushed to learn later that they hadn't won. In a phone interview, lawyer Joey Zukran said the company didn't offer customers 'even one free coffee' in return for the mistake. 'They took the loyalty of their customers for granted, they laughed at them, instead of offering them some form of compensation that maybe would have prevented the filing of a class action,' he said in a phone interview. He says the Quebec consumer protection law states merchants, and not customers, should be held responsible for errors. A spokesperson for Tim Hortons says the company apologized last year to the customers who received the email and declined to comment further because the case is before the courts. 'We apologized last year after some guests received an email in which some prizes that they did not win were included in their contest recap,' communications director Michael Oliveira wrote in an email on Sunday. 'We know that the millions of prizes won in the contest were distributed to winners accurately and as per our contest rules.' 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. Zukran says he isn't sure how many people will be members of the lawsuit under the narrowed criteria. He said he has three months to file the formal lawsuit, called an originating application. The litigation could take a few years to wind its way through the courts unless the company settles, he added. Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
Global News
2 days ago
- Business
- Global News
Judge authorizes Tim Hortons Roll Up to Win class action for Quebec customers
A judge has authorized a class action lawsuit over emails Tim Hortons sent out in error to participants in its popular Roll Up to Win promotion – but only for Quebec residents. Montreal-based firm LPC Avocats claims some 500,000 customers across Canada received an email in April 2024 saying they had won a boat through the promotion. Superior Court Justice Donald Bisson ruled last week that the class action can move forward, but limited it to Quebec residents because the case hinges on that province's consumer protection laws. 1:52 Tim Hortons customer frustrated over glitch Lawyer Joey Zukran says his clients should be awarded the boat and trailer they were told they won, plus damages. Story continues below advertisement He says the Quebec law states that merchants and not customers should be held responsible for errors. A spokesperson for Tim Hortons says the company apologized last year to the customers who received the email, and declined to comment further because the case is before the courts.
Hamilton Spectator
2 days ago
- Business
- Hamilton Spectator
Judge authorizes Tim Hortons Roll Up to Win class action for Quebec customers
MONTREAL - A judge has authorized a class action lawsuit over emails Tim Hortons sent out in error to participants in its popular Roll Up to Win promotion — but only for Quebec residents. Montreal-based firm LPC Avocats claims some 500,000 customers across Canada received an email in April 2024 saying they had won a boat through the promotion. Superior Court Justice Donald Bisson ruled last week that the class action can move forward, but limited it to Quebec residents because the case hinges on that province's consumer protection laws. Lawyer Joey Zukran says his clients should be awarded the boat and trailer they were told they won, plus damages. He says the Quebec law states that merchants and not customers should be held responsible for errors. A spokesperson for Tim Hortons says the company apologized last year to the customers who received the email, and declined to comment further because the case is before the courts. This report by The Canadian Press was first published June 29, 2025. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Winnipeg Free Press
2 days ago
- Business
- Winnipeg Free Press
Judge authorizes Tim Hortons Roll Up to Win class action for Quebec customers
MONTREAL – A judge has authorized a class action lawsuit over emails Tim Hortons sent out in error to participants in its popular Roll Up to Win promotion — but only for Quebec residents. Montreal-based firm LPC Avocats claims some 500,000 customers across Canada received an email in April 2024 saying they had won a boat through the promotion. Superior Court Justice Donald Bisson ruled last week that the class action can move forward, but limited it to Quebec residents because the case hinges on that province's consumer protection laws. Lawyer Joey Zukran says his clients should be awarded the boat and trailer they were told they won, plus damages. He says the Quebec law states that merchants and not customers should be held responsible for errors. A spokesperson for Tim Hortons says the company apologized last year to the customers who received the email, and declined to comment further because the case is before the courts. This report by The Canadian Press was first published June 29, 2025.
Montreal Gazette
26-05-2025
- Politics
- Montreal Gazette
Quebec government ordered to pay $164 million plus interest in ‘historic' class-action ruling for justice denied
News By A person's right to appear before a judge within 24 hours of being arrested and detained is a cornerstone of Canada's criminal justice procedure, and now a judge has ordered the province of Quebec to pay damages of $164 million plus interest for wilfully violating that right thousands of times. 'The (prosecutor's office) and the (Quebec justice department) failed in their obligation to put in place a system that guarantees an appearance that complies with the requirements of the Criminal Code, knowing full well that their faulty appearance system led to the systemic violation of the fundamental rights of those seeking justice by failing to comply with the 24-hour deadline on Sundays and public holidays from 2015 to 2019-2020,' Quebec Superior Court Justice Donald Bisson writes in a 155-page ruling dated May 20 in a class-action lawsuit against the province. 'It was expected that thousands of people seeking justice would be affected, and that is exactly what happened.' The suit was filed by the Montreal law firm Kugler Kandestin on behalf of people whose right to a court appearance within 24 hours was violated between 2015 and 2020. It's estimated there were about 24,000 such incidents during the period covered by the class-action. 'It's a significant judgment and we're extremely proud of it,' lawyer Robert Kugler said on Monday. With the interest accumulated, he estimates the province will pay about $240 million. 'It can never be forgotten that any time an individual is arrested, even if the peace officer thinks that person needs to be detained, those people are presumed innocent. They can't be punished until such time as they are found guilty. That's why there are such strict rules in place in the Criminal Code, to ensure that their rights are respected.' The judge ruled in favour of the class-action lawsuit in its entirety, stating that the Quebec government not only intentionally violated the fundamental rights of thousands of people to have a court appearance within 24 hours of being detained, but also that it did so for budgetary reasons to save the cost of staffing courts on Sundays and statutory holidays. 'The evidence shows that administrative and budgetary considerations led to the withdrawal of Sunday appearances, even though such considerations can never justify the violation of constitutional rights,' Bisson writes. Before June 2015, 'telephone appearances' before a justice of the peace were permitted in parts of Quebec, but these were subsequently ruled to not respect the Criminal Code. The class-action start date of June 2015 represents the date when the Quebec prosecutor's office removed all appearances, including telephone appearances, on Sundays and statutory holidays, Kugler said. The Quebec prosecutor's office had argued in its defence that it was the justices of the Court of Quebec who didn't want to sit on Sundays and statutory holidays, and therefore it wasn't responsible for the rights violations. However, Bisson rejected the argument, stating in his ruling that 'the responsibility for implementing a system that ensures compliance with (the 24-hour rule) belongs to the state and, consequently, to all state actors.' The province only changed its system and began staffing the Court of Quebec on Sundays and statutory holidays after the class-action lawsuit was authorized to proceed in 2020 — a fact that Bisson notes in his ruling. The province sought unsuccessfully to have the class-action lawsuit denied by a judge. 'It suggests this situation never would have been rectified without a class-action,' Kugler said. The class-action initially included City of Montreal and Quebec City because the two cities also did not staff their municipal courts, which treat minor offences of municipal bylaws, on Sundays and statutory holidays, at the time. After the class-action lawsuit was authorized against the province and the two cities, Montreal and Quebec City settled out of court, with Montreal paying $4.3 million and Quebec City paying $412,000 in their settlements, Kugler said. The Quebec government, however, chose to go to trial, which was held over a month earlier this year. Bisson's judgment grants the plaintiffs' damage claim of $7,000 per incident of detention beyond the 24-hour delay between 2015 and 2020, plus interest. However, given the number of incidents, the judge has ordered the government to pay a lump sum of $164 million plus interest within 30 days and to cover the cost of a claims administrator to identify and track down thousands of people who qualify for damages through court and police records. The province has 30 days to decide if it will file an appeal. 'Out of respect for the judicial process, we will not be making any comment,' the justice department said in an email Monday. The Quebec prosecutor's office also said it can't comment, saying in an email: 'We acknowledge the court's decision and are taking the time to analyze the merits of its conclusions.' Numerous court rulings over the years have affirmed the fundamental right of a person to have an appearance before a judge within 24 hours of being arrested and detained, Kugler said, and other provinces allow such appearances on Sundays and statutory holidays. When a police officer makes an arrest, the person may be released from custody after signing a promise to appear in court at a later date to faces charges. However, the police may decide the person should not be released and will detain the person in a holding cell at a police station until they can appear before a judge. Before 2020 in Quebec, that meant a person arrested on, say, a Saturday evening would not appear in court until Monday and would sit in a police holding cell until then. 'A holding cell is nothing like a cell in a detention facility,' Kugler said. 'In a holding cell in a police station, the lights are on all the time. There's zero privacy. There's no ability to take a shower. You don't get really any meals, there's nothing to do. There's no television, there's no one to speak to, there's nothing to read.' The person may need medication or treatment and doesn't have access to that in a police cell, he added. Kugler said he hopes the ruling will serve as a precedent in another class-action lawsuit filed by his firm on behalf of at least 1,500 Nunavik residents. This second class-action claims that the right of people arrested in the North to a timely bail hearing — the next step in the criminal justice process after an appearance before a judge — was systemically violated for years.
