A Quebec judge has approved a class action lawsuit against Tim Hortons for sending out emails by mistake during its Roll Up to Win contest — but only for customers living in Quebec.
The Montreal law firm LPC Avocats says about 500,000 people across Canada got an email in April 2024 saying they had won a boat in the contest. Later, they were told it was an error and that they didn’t actually win anything.
The law firm believes those customers should still get the boat and trailer they were promised, worth about $64,000, plus money for the emotional impact.
Judge Donald Bisson said the case can move forward, but only for Quebecers, because Quebec’s consumer protection law applies. He said that refusing to give customers the prize — or even a small gift instead — could damage people’s trust in mobile app contests. That’s why he believes the request for extra punishment (called punitive damages) is reasonable.
In court documents, some people said they were so excited by the email that they celebrated with family and Tim Hortons staff. They were later heartbroken to find out it was a mistake.
Lawyer Joey Zukran said Tim Hortons didn’t offer even a free coffee to people who got the wrong email. He said the company took its loyal customers for granted and didn’t try to make things right.
He added that under Quebec law, businesses — not customers — should be responsible for mistakes.
Tim Hortons apologized last year after the email mistake but won’t comment now because the case is still in court. A company spokesperson said the email was sent because of a technical issue, but that all real prizes were handed out correctly based on the contest rules.
The person leading the lawsuit says he got an email on April 17 saying he had won a boat and trailer. Later that day, Tim Hortons sent a second email saying it was a mistake caused by technical problems, and they apologized for the confusion.
The company argued in court that the emails didn’t count as a real contract, so consumer laws shouldn’t apply. But Judge Bisson disagreed, saying customers had to buy something to enter the contest, which means consumer laws do matter.
The judge also said that just because Tim Hortons made a mistake or had a tech issue, it doesn’t mean they’re off the hook.
Zukran says it’s not yet clear how many people will be part of the lawsuit. He has three months to file the official case, and unless Tim Hortons settles, the legal process could take several years.
