Quebec’s Court of Appeal has overturned a lower-court ruling, effectively blocking a class-action lawsuit against Tim Hortons regarding an erroneous email that promised customers a boat prize. The court found that because the email was sent after the "Roll Up to Win" contest concluded, the company held no contractual obligation to deliver the $68,751 Tracker Targa boat package.
The Court of Appeal Ruling
The decision, delivered on Friday, March 28, 2025, sets aside a June 2025 Superior Court judgment that had initially authorized the class action. Because the contest had officially ended on April 12, 2024, the subsequent email sent on April 17 could not be considered a binding contractual offer.
The court emphasized that the plaintiff, Jonathan Deschâtelets, never actually won the boat during the gameplay process. "One fact remains indisputable: the respondent never won the boat during the contest," the court stated, as reported by CTV News. Evidence showed that Deschâtelets played 24 times and won six instant prizes—three coffees, a three-month subscription to The Athletic, and 160 Tims reward points—but none of his digital tabs indicated a boat win.
The Origin of the Erroneous Emails
The legal dispute began after Tim Hortons sent a prize summary email to nearly 500,000 customers across Canada on April 17, 2024. The message incorrectly informed recipients that they had won a Tracker Targa 18 WT boat package, which includes a 200-horsepower Mercury motor and a trailer.
Tim Hortons dispatched a follow-up email shortly after the initial notice, advising customers that the previous communication contained errors and should be disregarded. Despite this, Deschâtelets sought the delivery of the boat—or its monetary equivalent—along with compensation for stress and disappointment, and $10,000 in punitive damages per class member.
Perspectives on the Legal Outcome
The appellate court concluded that Deschâtelets failed to establish even the "mere possibility of prevailing on the merits" of his case. By contrast, the plaintiff’s lawyer, Joey Zukran, highlighted the broader implications of the incident. Zukran told CTV News that the firm is reviewing the ruling and noted that the situation underscores the risks of self-regulation in Quebec, where he argued that companies can create "serious abuses and unfairness for the consumer" by issuing incorrect prize notifications.
Frequently Asked Questions
Why was the class action lawsuit dismissed?
The Quebec Court of Appeal ruled that the email was sent after the contest ended. Under the Consumer Protection Act, a merchant is not bound by statements made after a contract is already formed, and the plaintiff had no reasonable expectation of winning a prize he did not reveal during the contest.
What specific prizes did the plaintiff actually win?
According to court findings, Jonathan Deschâtelets played the contest 24 times and won three coffees, a three-month subscription to The Athletic, and two prizes totaling 160 Tims points.
How many people received the incorrect email?
The erroneous prize summary was sent to nearly 500,000 customers across Canada on April 17, 2024.
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