Quebec’s Court of Appeal has ruled in favour of Tim Hortons, overturning a lower court decision that had partially authorized a class-action lawsuit tied to a mistaken email claiming a customer had won a boat worth nearly $70,000.
The case stemmed from the coffee chain’s “Roll Up The Rim” contest. Jonathan Deschâtelets took part two years ago and won several smaller instant prizes, including a three-month subscription to The Athletic, three coffees, and Tims points. After the contest had ended, he received an email dated April 17, 2024, informing him he had won a Tracker Targa 18 WT boat with a 200-horsepower engine, valued at an estimated $68,751. While he was on hold with a Tim Hortons representative, a follow-up email arrived saying the earlier message — which had been sent to nearly half a million Canadians — contained errors and should be disregarded.
Deschâtelets filed a class-action lawsuit arguing that by sending the email, Tim Hortons was contractually bound by its statement, citing provisions of Quebec’s Consumer Protection Act. He sought compensatory damages equal to the value of the boat for what his claim described as excitement, stress and disappointment caused by the company’s conduct, along with $10,000 in punitive damages.
Lower Court Had Allowed the Case to Proceed
A Quebec Superior Court judge partially authorized the class action in June 2025 on behalf of all Quebec consumers who took part in the contest and received the erroneous email. Tim Hortons appealed that decision.
Appeal Court Sides With Tim Hortons
The Court of Appeal ruled last Friday that the lower court judge had erred in finding Tim Hortons’ email was not a contractual or pre-contractual statement under the Consumer Protection Act. The appeal court found Deschâtelets had no reasonable expectation of being awarded the boat, since the prize was never indicated when he peeled back his contest tabs.
“One fact remains indisputable: the respondent never won the boat during the contest,” the court wrote, noting he had peeled back 24 tabs and won six instant prizes, none of them the boat. The court said it was difficult to see how he could demand delivery of a prize that, based on the established facts, he never actually won, and concluded he had failed to show even the possibility of succeeding on the merits.
The Court of Appeal granted Tim Hortons’ appeal, set aside the Superior Court’s judgment, and denied authorization of the class-action lawsuit.
Lawyer Says Contest Rules Need Oversight
Deschâtelets’ lawyer, Joey Zukran, told CTV News he was still reviewing the ruling. He said Tim Hortons had again erroneously told customers they had won prizes, only for them to be disappointed afterward. Zukran added that the issue was compounded in Quebec, where such contests are not governed by specific legislation, leaving merchants to self-regulate — a situation he said could create abuses and unfairness for consumers.
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