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Global News
a day ago
- Global News
‘I cried': Air Canada strike costs young Girl Guides member trip of a lifetime
One activity planned for this week would've been a feather in the cap for 15-year-old Montrealer Mikaela Hosein-Patel after 10 years as a Girl Guide: her first-ever trip to Scotland. 'I was looking forward to the train ride from London to Edinburgh the most, and the (Royal Edinburgh) Military Tattoo,' she told Global News. 'I've been planning this trip for two years.' Hosein-Patel and 15 other guides and guide leaders from across the country were to embark on a once-in-a-lifetime trip organized by Girl Guides of Canada to visit parts of the U.K. They were scheduled to leave Toronto on the evening of Saturday, Aug. 16, for nine days. When her flight from Montreal to Toronto was cancelled, her dad, Pramit Patel, drove her to Toronto to catch the connecting flight to London's Heathrow Airport, but when they got there, they got more bad news. Story continues below advertisement That flight was cancelled, too, because of the strike and lockout at Air Canada, which started the day they were supposed to leave. 'I mean, I was sad and frustrated, just like every other girl that was going to go on this trip,' Hosein-Patel recalled. 'Yeah, I cried.' Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy She had spent the last two years raising funds to help pay for the $5,500 trip. Though the family believes that the airline will refund the fare — about 60 per cent of the cost — the family fears other fees for hotels, event tickets and other transportation might be lost. Patel holds Air Canada responsible. '(They're) generating all these profits every year, and ultimately the staff had to fight for their rights, unfortunately, holding a strike at this point,' he said. 'At the end of the day, customers are the ones that are suffering for this.' The airline estimates that 500,000 passengers were affected by the three-day job action that ended overnight Monday. Now, many of those clients are starting to file lawsuits against the airline as well as the Canadian Union of Public Employees (CUPE), which represents the cabin crew who were on strike. Hosein-Patel's family has joined a proposed class-action lawsuit against Air Canada, filed by two law firms: LPC Avocats and Renno Vathilakis. It is open to anyone worldwide to whom the airline did not provide a reservation for the next available flight or alternative travel arrangements as required by law. Story continues below advertisement 'Air Canada had a statutory obligation to book people on the next available flight when they couldn't respect the 48-hour rule,' Joey Zukran of LPC Avocats explained. He estimates damages could be in the $50-million range. Lambert Avocats is also seeking approval for a class-action lawsuit — this one against CUPE — claiming in a statement that the union's 'decision to continue its strike illegally has had the effect of prolonging and worsening the massive cancellations of Air Canada flights.' On Saturday, the Canada Industrial Relations Board asked the union to direct the flight attendants to return to work, less than 12 hours after the strike began. CUPE decided to defy the back-to-work order and the job action continued until Monday, when a tentative agreement was made with the airline. 'The class action is proposed for all persons who had a reservation for Air Canada or Air Canada Rouge for flights that were scheduled after Sunday at 2 p.m., that were subsequently cancelled because of CUPE's decision to maintain its strike,' lawyer Philippe Brault said. Neither of the proposed class-action suits has yet been approved. Global has reached out to both Air Canada and CUPE and has not yet heard back.
Montreal Gazette
2 days ago
- Business
- Montreal Gazette
Air Canada could face ‘tens of millions' in class action damages after strike chaos
The strike that grounded Air Canada flights left hundreds of thousands of travellers stranded from Montreal to Mexico. Now, the turmoil may soon shift to the courts. Two proposed class actions, filed in Quebec on Monday, accuse both the airline and its flight attendants' union of failing passengers during the stoppage. The case against Air Canada alone could be worth 'tens of millions' of dollars in damages, according to lawyers involved. The walkout began on Aug. 16 after much speculation in the week prior. It was subsequently declared unlawful and then dragged on until a tentative deal was reached on Tuesday morning. For many passengers, the disruption meant cancelled holidays, missed connections, and frantic scrambles to either rearrange a planned trip or find a way home. Passenger files against Air Canada One lawsuit, filed by law firms LPC Avocats and Renno Vathilakis, alleges the carrier breached federal passenger protection rules by failing to rebook travellers within 48 hours. Canadian regulations require airlines to place passengers on the next available flight, even with a rival carrier. The claimant is a Montreal student returning to veterinary school in Grenada. According to her lawyer, Joey Zukran of LPC Avocats, she received an email on Aug. 16 notifying her that her flight the following day was cancelled. Air Canada told her it would 'do its best' to rebook her within three days. She ended up buying a ticket on American Airlines out of her own pocket. 'Air Canada has an obligation to get her on an Air Canada flight or a partner carrier within 48 hours,' said Zukran. 'Instead, she paid out of her own pocket.' With the airline itself reporting that 500,000 travellers were affected, the potential damages could climb into the 'tens of millions,' Zukran added. Michael Vathilakis of Renno Vathilakis said Air Canada's handling of the crisis only compounded frustrations. 'It seemed that throughout this entire process, Air Canada was unclear — and I would even say beyond unclear: unavailable,' he said. Air Canada did not respond to a request for comment. Class action against the union A second lawsuit, filed the same day by Lambert Avocats, targets the Canadian Union of Public Employees (CUPE), which represents the airline's 10,000 flight attendants. It alleges the union 'illegally continued' its strike after the Canada Industrial Relations Board ordered staff back to work. According to lawyer Philippe Brault of Lambert Avocats, the claim argues CUPE's defiance prolonged the shutdown and forced passengers to absorb extra costs for hotel rooms, meals during unexpected layovers, and replacement flights. The claimant, who had booked a family holiday in Cancún, said the trip collapsed when crews stayed off the job despite the federal order. The union has not yet filed a formal response. Previously, it has defended the strike as a constitutional right. On a call with members, CUPE's president noted the strike fund stands at $125 million. Where does this leave Air Canada? Although a tentative agreement has now been reached, Air Canada has warned it could take up to 10 days for schedules to return to normal. The airline has promised to refund cancelled flights and rebook passengers, but many travellers say they are still struggling to get hold of the company. The financial toll is expected to be steep. Analysts at RBC Capital Markets estimate the strike and subsequent restart costs will wipe roughly $500 million from Air Canada's operating profit this year, according to La Presse. The carrier has also withdrawn its full-year earnings guidance. Upon the news of a tentative agreement Tuesday, its shares rose.
Yahoo
11-07-2025
- Business
- Yahoo
Should Tim Hortons repay all Canadians promised a boat? This Ottawa man thinks so
Michel Leveillee is a loyal Tim Hortons customer. The Ottawa man says he visits two or three times a day for his large double-double, and he always participates in "Roll Up the Rim to Win" — the annual promotion that gives customers the opportunity to win prizes ranging from a doughnut to an all-inclusive vacation. So when Leveillee became one of thousands of Canadians across the country last year who were told in an email they'd won a 2024 Targa 18 WT boat and trailer, he couldn't believe it. "[There were] tears of joy," he said. "And after that came the tears of deception." The wins had been a mistake. Tim Hortons reached out to its customers by email, blaming "technical errors." Montreal-based law firm LPC Avocats then launched a class-action lawsuit, arguing the thousands of affected customers deserve to be awarded the boat and trailer or the prize's value — about $64,000, the firm estimates. They had intended to represent all Canadians. In June 2025, a judge ruled that the lawsuit could go forward – but only for Quebec residents, because that province has stronger consumer protection laws. Leveillee said he'll be happy for any customers who can get justice, but Tim Hortons should be held responsible for everyone who got the notifications. "If buy a coffee on the Quebec side [of the Ottawa River], and then you play Roll Up the Rim and win in Ontario, you're a winner no matter what," he said, noting he often stops for coffee in Gatineau, Que. Leveillee and his wife want to fight the case outside of Quebec, but the differences in consumer protection laws may make it a risky endeavour for lawyers to take on. LPC Avocats' legal argument was that Tim Hortons and its customers enter into a contract through the Roll Up the Rim promotion. The customer buys something, and Tim Hortons gives them a chance to win, explained Joey Zukran, who owns the firm. Under the Quebec Consumer Protection Act, a company cannot claim something was a "mistake" as their defence to get out of the contract, Zukran said. "It's not the consumer that's going to bear the responsibility of that error," Zukran said. "It's the merchant. And that is the message that the court is sending loud and clear by way of this judgement." Because their argument was based on Quebec's law, the judge ruled it cannot be applied nationally, Zukran explained. Based on his team's research, Zukran said he believes the "question of error" is not as clear in the rest of Canada as it is in Quebec. Quebec has the best consumer legislation in Canada because it's updated regularly, according to University of Ottawa law professor Gilles LeVasseur. "The legislation in Ontario is not as robust [because] the way we do things is, if there's a crisis, we'll add to it," he said. Consumer protection laws should be standard across the country, LeVasseur argued, noting it will become increasingly important as trade barriers are lifted between provinces. "The sad part [about] the way we do things in Ontario [is that] consumers would want to see more of these actual measures of protection," he said. Leveillee agrees that the same rules should apply across Canada. For him, the case is about holding a large corporation to its word, on behalf of the customers who went through an emotional roller coaster after learning they might have won life-changing money. He's reached out to some other customers, hoping to work together, including one woman in Cornwall, Ont., who said the money from the boat could have paid off her house. "These big boys don't care about good old Canadians that get up in the morning [and] go to work," he said. "We're just regular citizens, we're not lawyers ... but we're on a roll. We're going to do something about it." Leveillee and his wife have also been contacting lawyers in Ontario, but they've only heard back from one who's interested in the case. Zukran said he's heard from some people who've told him other lawyers aren't willing to take on the risk that LPC Avocats is shouldering — namely, to spend time and resources on a class action suit which will only pay the lawyers if they win. Still, any customers outside Quebec who feel they have a case should try to find a lawyer, he recommended — noting $64,000 per person is "not a small claim." "One of the things I love about my job is that we get to hold big, strong, large, rich corporations accountable versus the little guy," Zukran said. "And what did Tim Hortons do in this situation? They didn't even offer their customers a free coffee." CBC reached out to Tim Hortons for comment, but they declined because the matter is still in court.
Globe and Mail
29-06-2025
- Business
- Globe and Mail
Judge moves forward with Tim Hortons Roll Up to Win class action for Quebec residents
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. 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.
Vancouver Sun
29-06-2025
- 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 .
