Michel Leveillee is a dedicated patron of Tim Hortons, visiting the establishment multiple times a day for his favorite large double-double coffee and always taking part in the “Roll Up the Rim to Win” contest. Last year, Leveillee, along with numerous other Canadians, received an email notifying him that he had won a 2024 Targa 18 WT boat and trailer as part of the promotion.
Initially elated, Leveillee’s joy turned to disappointment when Tim Hortons later retracted the wins, attributing the error to technical glitches. Subsequently, a Montreal-based law firm, LPC Avocats, initiated a class-action lawsuit seeking restitution for the affected customers, valuing the prize at around $64,000.
Although the lawsuit was approved to proceed for Quebec residents due to the province’s stringent consumer protection laws, Leveillee expressed support for all affected customers to receive justice, emphasizing Tim Hortons’ accountability for the erroneous notifications.
Despite his desire to pursue the case outside Quebec, Leveillee faces challenges due to variations in consumer protection legislation. The legal argument put forth by LPC Avocats revolves around the contractual nature of the promotion, whereby customers engage in a transaction with Tim Hortons for a chance to win.
In Quebec, the Consumer Protection Act prohibits companies from evading contractual obligations by citing mistakes, placing the responsibility on the merchant rather than the consumer. However, the applicability of this argument nationally was dismissed by the judge, highlighting the clarity of consumer protection laws in Quebec compared to other regions in Canada.
Gilles LeVasseur, a law professor at the University of Ottawa, underscored the disparities in consumer legislation across provinces, advocating for uniform standards as interprovincial trade barriers diminish. Leveillee echoed the sentiment, emphasizing the need for consistent consumer protections nationwide.
Despite the legal intricacies, Leveillee remains resolute in seeking justice for affected customers, striving to ensure that corporations uphold their commitments to consumers who anticipated life-altering prizes. He has collaborated with other impacted individuals, including a Cornwall resident who envisioned using the boat winnings to settle her mortgage.
While challenges persist in finding legal representation outside Quebec, individuals with potential claims are encouraged to seek counsel, considering the substantial value of the prize at stake. As discussions continue, Leveillee and his supporters remain steadfast in their pursuit of accountability from Tim Hortons, emphasizing the importance of standing up for consumer rights.
Tim Hortons declined to comment on the matter, citing ongoing legal proceedings.
