Restaurant Brands International and Radar Labs Inc.

Tyr LLP filed a lawsuit on behalf of Canadian residents (outside Québec) whose personal information was accessed after downloadeding the Tim Hortons app.

Case Details

A proposed class action has been brought on behalf of all persons resident in Canada, outside of the Province of Québec, who downloaded, accessed or had already loaded one or more of the Restaurant Brands International (“RBI”) apps onto their mobile device on or after February 1, 2019 to the present.

The RBI apps include the Tim Hortons app and the Burger King app.

The action alleges that RBI, with the assistance of its third-party service provider Radar Labs Inc., surreptitiously and pervasively collected personal information of RBI app users, including around-the-clock geolocation information and device information enabling RBI to determine intimate and personal details of users' lives over which users have a reasonable expectation of privacy. The defendants did this under the pretext of marketing convenient access to coffee and fast food. The action alleges that RBI collected this information in breach of its own privacy policy, in violation of provincial consumer protection legislation, and that RBI and Radar Labs Inc's actions amount to intrusion upon seclusion.

On September 22, 2022, Justice Sheehan of the Quebec Superior Court approved a settlement agreement in a Quebec class action brought by Steve Holcman against Restaurant Brands International Inc., Restaurant Brands International Limited Partnership and The TDL Group Corp. (collectively “Tim Hortons”) which applies to all class members in Canada, in respect of the allegations concerning the collection and use of geolocation information by RBI / Tim Hortons® via the Tim Hortons® mobile phone application.

The class authorized for settlement purposes consists of all resident users of the Tim Hortons® application with registered accounts in Canada whose geolocation information was collected by any of the Defendants between April 1, 2019, and September 30, 2020. The Settlement Agreement provides for a class members to receive a credit for use at Tim Hortons® locations. Here is a copy of Justice Sheehan's September 22, 2022, settlement approval decision. You can also download a copy of the Settlement Agreement. There is also a copy of the July 29, 2022, Long Form Notice to class members in respect of the Settlement.

Information about the settlement and how to claim your credit, if eligible, can be found on Quebec class action counsel's website.

Any files or documents related to the case will be posted here. Feel free to download and retain these documents for your personal records.

Download Statement of Claim

Download Notice of Action

Sean Campbell
Michael O'Brien

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This website will be regularly updated to provide class members additional information regarding the proposed proceeding.