Michel Leveillee is a loyal client of Tim Hortons.
Ottawa’s man says that he visits two or three times a day for his great double double, and always participates in “Roll Up The Rim to win”, the annual promotion that provides customers the opportunity to win prizes ranging from a donut to a whole inclusive vacation.
Then, when Leveillee became one of the thousands of Canadians throughout the country last year to those who told them in an email that had won a boat and a 2024 Targa 18 Wt trailer, I couldn’t believe it.
“[There were] Tears of joy, “he said.” And after that the tears of deception arrived. “
The victories had been a mistake. Tim Hortons contacted his clients by email, blaming “Technical errors”.
Montreal headquarters with headquarters Avocats LPC Then he launched a collective claim, arguing that the thousands of affected customers deserve to receive the boat and the trailer or the value of the prize: approximately $ 64,000, the company estimates.
They intended to represent all Canadians. In June 2025, a judge ruled that the lawsuit could advance, but only for Quebec residents, because that province has stronger consumer protection laws.
Leveillee said he will be happy for any client who can obtain justice, but Tim Hortons should be considered responsible for all who receive notifications.
“If you buy a coffee on the Quebec side [of the Ottawa River]And then you play woring the edge and desire in Ontario, you are a winner regardless of what, “he said, and pointed out that he often stops to have coffee in Gatineau, which.
Ontario legislation ‘Not so robust’
Leveillee and his wife want to fight against the case of Quebec, but the differences in consumer protection laws can make it a risky effort for lawyers.
Avocats LPC‘The legal argument was that Tim Hortons and their clients enter into a contract through the Roll Up the Rim promotion. The customer buys something, and Tim Hortons gives them the opportunity to win, he explained to Joey Zukran, owner of the company.
According to Quebec’s consumer protection law, a company cannot affirm that something was a “mistake” as its defense to get out of the contract, said Zukran.
“It is not the consumer who will assume the responsibility of that error,” said Zukran. “He is the merchant. And that is the message that the court is sending high and clear through this trial.”
Because his argument was based on the Quebec law, the judge ruled that he cannot apply nationwide, Zukran explained. According to his team’s research, Zukran said he believes that the “question of error” is not as clear in the rest of Canada as in Quebec.
Quebec has the best consumer legislation in Canada because it is updated regularly, according to the law professor at the University of Ottawa, Gilles Camsseur.
“Ontario legislation is not so robust [because] The way we do things is that, if there is a crisis, we will add it, “he said.
Consumer protection laws must be standard throughout the country, argued Camsseur, noting that it will be increasingly important as commercial barriers between the provinces are lifted.
“The sad part [about] The way we do things in Ontario [is that] Consumers would like to see more of these real protection measures, “he said.
‘Let’s do something about it’
Leveillee agrees that the same rules must be applied throughout Canada.
For him, the case is about keeping a great corporation in his word, on behalf of the clients who went through an emotional roller coaster after learning that they could have earned money that changes their lives.
He communicated with other clients, hoping to work together, including a woman in Cornwall, Ontario, who said that the boat money could have paid his home.
“These great do not care about the good old Canadians who get up in the morning [and] Go to work, “he said.” We are regular citizens, we are not lawyers … but we are on a streak. We are going to do something about it. “
Leveillee and his wife have also been contacting lawyers in Ontario, but have only received news from someone interested in the case.
Zukran said he has heard of some people who have told him that other lawyers are not willing to assume the risk of Avocats LPC It is amazing, namely, spending time and resources on a collective claim that will only pay lawyers if they win.
Even so, any customer outside of Quebec who feels that they have a case should try to find a lawyer, recommended: pointing out $ 64,000 per person “is not a small claim.”
“One of the things I love for my work is that we can hold large, strong, large and rich corporations compared to the little one,” said Zukran.
“And what did Tim Hortons do in this situation? They didn’t even offer their customers a free coffee.”
CBC communicated with Tim Hortons to comment, but they refused because the matter is still in court.
