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Posts Tagged ‘Tim Hortons Franchise’

Tim Hortons Franchise Lies

December 19, 2012 1 comment

coffee-and-donuts

“The history of our race, and each individual’s experience, are sown thick with evidence that a truth is not hard to kill and that a lie told well is immortal.” Mark Twain

So I’ve been getting asked why I am doing this and what is the purpose behind it. Honestly, this is about how big corporations can do whatever it is they like, with no regards for the law or the consequences to the people involved. This has destroyed a family, broken lifelong friendships, broken spirits and dreams, but the one affecting me the most is the fact I cannot move forward with my life. Tim Hortons is equated to a great Canadian Company, who helps communities and supports charities. Unfortunately this is bought and paid for by the consumer. Tim Hortons cares about their public image and what they associate with it. Take a look at my Dad undergoing chemotherapy treatment for cancer and still being told that none of his family can tell their story and no one is allowed to move forward with their life.

If you are someone interested in purchasing a franchise, contact us….or at the very least take the 2 clauses (section 6.05 and 11.2) that I expose below and show them to your lawyer. You do not need any more information but everything is provided in this site and why you should be very cautious doing business with Tim Hortons. People empowering people with knowledge so you can make an informed decision with your money.

A bit of background; Tim Hortons cut a deal on the first day of trial after blaming my brother for everything that went wrong, yet they defended the decision to release him in order to speed up the trial. Do you think my family cared if the trial was a week shorter after 10 years waiting to get there? No one in my family has spoken to my brother (or his 2 children) since Tim Hortons forced me and my sister to fire him and push him out of the business. How Judge Joyal is qualified to be a Judge presiding over a business lawsuit is beyond comprehension. Judge Joyal ruled that my brother could be freed from trial and he would put a percentage on what his amount would be if a judgment was ruled against us. Judge Joyal has to this day, never given what his percentage was (don’t know what that means for my trial) but my family ran out of money while trying to appeal the decision. Judge Joyal ruled in favor of Tim Hortons and now I have a judgment against me for over $1 million dollars. I can’t pay it, Tim Hortons knows this, but they won’t do anything either accept making me sign a confidentiality agreement, then they will let me be free. Before my father passed I promised I would either get the money they took back or I would tell our families story and show all the documentation to back up the facts. The other insane judgement from Judge Joyal was on day 2 of the trial after releasing my brother, he ruled the documents that state me and my sister had to fire our brother would not be allowed in court as evidence. Judge Joyal ruled these documents not allowed as evidence because they were bargaining an agreement to settle this. How this was allowed is beyond comprehension. So in 2 days of trial, my brother (the main person involved) was let go, free and clear in the trial with our rights do anything against him taken away, and on the second day all the evidence stating to fire my brother, barring me from showing my face in front of the store or answering a phone, was thrown out of trial along with a letter from Tim Hortons legal counsel that the stores in the Winnipeg market do not make money and cannot make money without having concessions (IE no rent, no royalties). In trial they portrayed us a poor store owners, yet click on the letter from the Vice President stating how well our store is run.

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Judge Joyal

They can lie, hide behind the laws, and even more importantly, they had 7 lawyers to my family’s 1 and endless resources. Our lawyer stated to Judge Joyal, “My position my Lord with all due respect to my learned friend, is that I’m being sandbagged and blindsided at the same time, because it is obvious what we are having here is an attempt at a whitewashing, the plaintiff (Tim Hortons) wants to cut my feet out from under me.”  to which Joyal replied, ‘you’re smart Gene, with your years of experience you will figure something out’. Is that not ridiculous for a Judge to say. Read it, it’s right in the transcripts! Read all the documents, the transcripts, the contract, and see that current store owners are in the same boat, with a worthless business they cannot sell (stated right in the contract), what is going to happen to all these franchisees? The truth is here, watch the video of my Dad on You Tube and see how ruthless they are. Tim Hortons spent over $800,000 on lawyers to fight us, more than just giving us our money back. What Tim Hortons wanted to do and continue to do to this day is destroy families, take their money and not let them move forward. It’s been going on for a long time and now all this site does is expose it.  When everything you require is provided by them, then you find out that Tim Hortons does not even have any information on how the pro-forma (break down of sales and how much money you will make) was produced, who made it, what year it was made in, or what geographical location. All of these statements have the documents posted below.

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CEO Paul House

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Frank Iacobucci

Current CEO Paul House knows about the inside details of what happens to franchisees, why have no reporters asked him how on earth does anyone sign the contract to purchase a Tim Hortons Franchise when they get nothing for the business. This is proven in the buyback and transferability of interest clauses (section 11), you can view the entire contract below. Why does no one question why a retired Supreme Court Judge can sit on the board of directors? Frank Iacobucci retired as a Justice of the Supreme Court of Canada. How are decisions in 2 provinces side by side completely different? How does one franchisor lose a case in Quebec (Dunkin’ Donuts) but in the next province over in Ontario the decision is completely reversed for Tim Hortons? Is anyone involved in influencing these completely different decisions? Why is no one questioning how the courts can make completely different decisions with nearly identical cases? Perhaps Tim Hortons could answer these questions as it is impossible to make sense of these decisions that these Judges have made and why are the decisions going against these other franchisors but Tim Hortons can win time and time again?

So you see why I am doing this, they destroyed my family, my Dad has passed away with no conclusion, I am emotionally drained and no longer want to have this happen to another person. I’ve suffered long enough in silence. We tried our best, poured thousands upon thousands into the business, only to be sued, lose at trial, and not being able to move on? I am not afraid like all the others who have had this happen. I am passionate about helping people and only want a better life for anyone I know or see. I want to help anyone who thinks buying a Tim Hortons Franchise is a good idea, give them questions to ask and what they need to know. I want investors in this company to know how the profits are being earned. Margins are incredibly small and Tim Hortons franchisees sell all lunch menu items at a loss, no margins in the frozen donuts, and franchisees can be forced to sell any item at a loss as ruled in the class action decision in Ontario’s Court of Queen’s Bench!! This is not a simple commercial agreement like Judge Joyal ruled here in Manitoba….this makes no sense.

Ask any question or comments, contact us through the comments page. I have nothing to hide, I want to show everything. Tim Hortons wants this shut down, I guess we will see in due time but until then, the information is available to all. Current store owners, if you want out…..contact me. I can guarantee you a way to get your money and to get out!

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Tim Hortons; A Look From The Inside

November 24, 2012 4 comments

Test Site moving shortly to www.timmieleaks.com Tim Hortons Court transcripts, Tim Hortons Court of Queen’s Bench Documents, and Affidavits now posted. 

Prior to viewing the site please go to YouTube to view the video of John Zaborniak  http://www.youtube.com/watch?v=Ks-spVpqE9w  to view his final recording of this horrific ordeal with Tim Hortons.  Please comment on You Tube, this site is dedicated to this great man, a loving, caring, compassionate human being that helped everyone he could. He is dearly missed and the inspiration behind this site. John Zaborniak September 1/1930 – October 14/2010

coffee and donut

The essence of due diligence is to provide the information that is needed for the franchisee to make an informed decision about the business investment.  If that information is not available for any reason – or is not sought out – then the ‘angels who fear to tread’ start getting nervous. 

The problem with ‘informed decisions’ is that it relies heavily on objectivity – which is often in short supply with an excited, ready to rock’n’roll, prospective franchisee.  Sometimes ‘don’t do it’ is the best, and only, advice you can give that cuts through.”  -By Simon Young
 

After careful consideration upon receiving a letter from the lawyers at Tim Hortons we have decided to take a different route to expose the truth of what is happening to Franchisees and the resulting court cases that have happened. To the average Joe, what do spread sheets of financials really mean?? Most ordinary people see a bunch of numbers and don’t understand or care what they mean. What we want to do here is make it as cheap as possible to help anyone interested in purchasing a Tim Hortons franchise to get the real truth and obtain the proper information and questions that need to be asked. The post below will be the easiest and cheapest way to conclude whether the purchase of a Tim Hortons franchise is the right one for you and your family with everything in .pdf to view.

If you pass all stages of the initial offer to purchase a Tim Hortons Franchise and receive the pro-forma (breakdown of sales) and the contract, take the contract to a contract lawyer (if possible) or regular lawyer and point out the clauses in the post below (can’t sell the store, depreciated at 20% per year, no goodwill paid, all right in the contract). We can supply additional information, court documents and court transcripts that back up the facts of how Tim Hortons operates once you sign the contract and what they can do.

Promissory notes, Gag Orders, Bullying, this is what in fact is happening and the documents show it. What this site will do is provide information to shareholders, potential franchisees, current franchisees,  and individuals who seek the truth about big business and Tim Hortons.

We wanted to show the documents and the truth but received yet again another letter stating what Tim Hortons will do to my family if we proceed in letting the truth out. We do not want to jeopardize our freedom anymore but we also must not be afraid to help and warn others. The 2 paragraphs below dictate why my family cannot move forward in our lives;

 The "letter"

So essentially Tim Hortons has prevented anyone from moving forward. Should one day I generate a large amount of cash, Tim Hortons can decide at anytime to enforce the judgement against us. We cannot move forward so we must let the truth out! Tim Hortons has decided to not release my family from the contract, even though the lawsuit is over, everything is done…..we cannot move forward so they left us no choice but to expose the documents to help others make an informed decision on their business purchase and not just a bunch of Lies from Tim Hortons. remember the person selling you the store is getting a large chunk of the purchase. It is Tim Hortons job to prey on your excitement and to assure you nothing bad will happen. Take a look around the site and ask yourself if this is a company you would like to be apart of?? Tim Hortons thinks the truth can be hidden behind confidentiality agreements and gag orders, but in this day and age of social media….that will not be the case.

Coaching a potential franchisee of Tim Hortons

November 16, 2012 3 comments

coffeeWhether or not you believe that this is actually going on at Tim Hortons, the undeniable truth from the court documents, the contract, and the transcripts speak for themselves. If we can help anyone make a more informed decision then we have achieved our goal. All you need to do is ask the question to see actual financials and tax records or if Tim Hortons is trying to sell you a new store, ask how the pro-forma was prepared, is it from actual stores, what year was it produced, what geographical location, and who made the document. If they can’t (and they won’t) answer any of those questions and provide that information to you, then I think you can take what is written here for the truth. 

Because of the clause in the contract where you cannot sell the franchise and must make the profit from day-to-day sales, then essentially you are buying yourself a job, a very expensive job where you pay Tim Hortons to work for them and then Tim Hortons can control you.  Is this not essentially slave labor?  Labor for no money.  You would be better off being an employee and getting a paycheck than an owner and having to put your hard-earned money in every month to pay the bills.

If anything, take the contract to any lawyer (preferably a contract lawyer) and ask about the clauses below, included is the full contract in pdf;

Tim Hortons Contract.pdf (in full)…takes some time to load as this is the entire agreement.

Also check out clauses; 13.01 (a), 15.00 (a), 16.13 (b)

 What about the fact you cannot sell the business or make any money from growing the business (goodwill). Right in the contract it states;

Article 11 Transferability of Interest

Section 11.01

Restrictions on Licensee’s Right to Transfer: The Licensee acknowledges that the rights and duties set forth in this Agreement are personal to the Licensee and that the Licensor has granted this license in reliance on the Licensee’s business skill and financial capacity. The Licensee therefore covenants with the licensor as follows: 

(a) in the event the licensee wishes to sell, assign, transfer, convey or give away the Tim Hortons Shop business carried on at the Premises pursuant to this Agreement during the first (5) years of the term hereby granted, the Licensee shall do so only by offering to resell the Tim Hortons Shop business to the Licensor at the depreciated value of the furniture, equipment, and signs, and “depreciated value” shall be as herein defined in subparagraph and 12.02(i). The Licensor shall have the option of repurchasing said business in accordance with this subsection within (30) days of receipt of written notice from the Licensee advising it wishes to sell the business. In the event the licensor does not exercise its option to repurchase the business in accordance with this subsection, the Licensee shall have the right to sell the business to a third-party at the purchase price set out in this subsection and in accordance with the terms of Section 11.02;

Tim Hortons is the only one who can purchase the business. No money for building the sales, this will happen to every store owner you see. They do not pay anything for the store. You can contact the site and we have the actual calculation Tim Hortons uses to depreciate the store. In the first year you will lose 1/3 of the purchase price and by 5 years the business has no value.

Buyback .pdf letter from Tim Hortons.

Section 11.02 (3)

Notwithstanding any other clause in this agreement to the contrary, the Licensee acknowledges that it is the policy of the Licensor (Tim Hortons) that the profitability of the Tim Horton Shop business should be derived from the day to day operations of the business and not from the resale of the business. The Licensee therefore covenants and agrees that the licensor may arbitrarily withhold its consent to any transfer of this Agreement in whole or in part if it feels that in its sole and absolute discretion the sale or transfer price to be paid by any proposed transferee is such that the proposed transferee will not be maintaining a cash flow consistent with the proforma-stated operating results contained in the Confidential Operating Manual, normalized as considered necessary by the Licensor acting in a reasonable manner, or if such transfer price is not consistent with the then current selling price of a Tim Hortons shop adjusted for the number of years remaining in this Agreement and for the ratio of its sales level to the preceding calendar year’s average store sales level of the “Tim Hortons System”

Section 6.05-

Inurement Solely to Licensor: The licensee agrees that all goodwill associated with the “TIM HORTONS SYSTEM” and identified by the Licensor’s Trademarks used in connection therewith shall inure directly and exclusively to the benefit of the licensor and is the property of the Licensor and that upon expiration or termination of the Agreement, no monetary amount shall be assigned as attributable to any goodwill associated with any of the Licensee’s activities in the operation of the Tim Hortons Shop licensed herein,or the Licensee’s use of the Licensor’s Trademarks.

All potential franchisees must sign this Independent Legal and Financial Letter .pdf  This was taken to a lawyer and fully gone over. The lawyer commented that this is a standard contract that everyone signs. The lawyer did not tell us that the business could not be sold, that no money is paid for goodwill. Tim Hortons will rely on this document in court.

What this means if you own a store, take what Tim Hortons will give you (store owners paid little to nothing for their stores, some will pay to have the store taken back, some paid $1, yes one dollar, and some cut a check just to leave!no goodwill, you will not be able to sell. It is depreciated at 20% per year (worth ZERO after 5 years…right in the contract). Interesting how it states right in the contract to not expect your profit from the sale of the store. Who would buy a Tim Hortons if you already know before hand that you will receive nothing for the Tim Hortons franchise. Stated right in the contract!!

Tim Hortons, a Tale That’s Hard to Believe!

November 12, 2012 9 comments

 

A great quote to start;

The essence of due diligence is to provide the information that is needed for the franchisee to make an informed decision about the business investment.  If that information is not available for any reason – or is not sought out – then the ‘angels who fear to tread’ start getting nervous. 

The problem with ‘informed decisions’ is that it relies heavily on objectivity – which is often in short supply with an excited, ready to rock’n’roll, prospective franchisee.  Sometimes ‘don’t do it’ is the best, and only, advice you can give that cuts through.”  -By Simon Young

This has been an ongoing struggle now for 14 years that have brought this to the point where we are today. That is the releasing of information pertaining to the operation of a low volume Tim Hortons (as much as 75% of the entire chain falls into this category). These low volume stores are being re-sold over and over (1 store as many as 18 times!) without the next operator knowing the true facts of what happened. So to move us to today’s date, we have now gathered court evidence (all in .pdf format) of these facts and can trace all answers back to sworn affidavits in Court of Queen’s bench documents (all in .pdf format). The most glaring to any prospective franchisee would be the pro-forma of sales. In essence this is the document Tim Hortons supplies you with in the final stages of purchasing the store. It’s the breakdown of sales and will be the ultimate deciding factor in your purchase of the franchise.

Take note; Tim Hortons uses the caution in court.

With that in mind, the Manitoba Court of Queen’s bench has a document from head legal counsel Steve Kahansky that states Tim Hortons does not know anything about the document of the breakdown of sales. They do not know who made the document, what geographical location was used, what time it was made, Tim Hortons knows nothing about the document they supply to potential franchisees.

The far document is asking why Tim Hortons has no accounting on past operations, with a struggle to get anything from Tim Hortons you will require 10 years to produce the documents you require. This is their tactic, to stall, stall, stall until you run out of money!!

Questions about Steve Kahansky's AffidavitSo we have comments from “operators’ of stores who claim in a few years that they have brought up the sales of the store from 700k to over a million. Well if Tim Hortons didn’t reduce your rent or completely change the agreement you originally signed you would have no chance of paying the bills. This example is easy to understand that an actual store owner didn’t write the comment. If your sales change a half million dollars in 3 years the problem would be that you could not support the payments of your bills upon taking the store over. You would have had to know prior to the purchase that the sales are not strong enough to support the payments required and you would not have signed a contract that states that as everyone signs the same 500 page contract that has no inclusions of changing rent or royalties like your comment states.

******if you are purchasing a store, ask for actual sales and tax records!!!  You will be told “no” they can’t do that as it’s a private business, even if it’s a corporate store, which they will tell you they can’t run the same as a owner….hence the system doesn’t work if they can’t operate it profitably themselves!!!****** 

Equipped with this knowledge and the fact that they won’t give you actual sales numbers and the contract they have you sign is personally guaranteed, do you think that this is a good investment for you and your family?? Remember that the person selling you the franchise gets a cut of what you pay….in essence they will tell you whatever you want to hear in order to get you to sign on the dotted line (except ACTUAL sales and profitability!!) What the contract and what Tim Hortons does not tell you is that by law, they are not required to actually sell you a store that makes money. They can omit those important details and assure you of everything but do not have to deliver in any way, shape or form. In essence you have signed a contract that enables Tim Hortons to make you sell lunch item menus at a loss every time, or for that fact anything they want to do they can. Like for instance control who can operate the business, who can answer a phone, and even if they want you to fire your own partner.

Controling Owners .pdf  One partner is pushed out, one can’t answer the phone. Tim Hortons controls YOU. Tim Hortons can tell you the OWNER, you cannot answer your phone!!!

Outstanding Store Letter from VP .pdf  Above partner that is pushed out of his business runs a great store stated in this letter from the Vice President.

Tim Hortons can get you out of the store you own by a district manager simply scoring you low on a Always Fresh report. Basically once you sign the contract, Tim Hortons have nothing to deliver on, you are at their mercy for any help, and when they realize that you no longer have any money to fund the losing business they commence legal action against you and take the franchise back. Again, only to resell it to another family that has no idea as to what just happened. To also note, Tim Hortons profits on all rent paid by Tim Hortons owner/operators and the fact that they blank out the entire Lease Agreement shows that even in court that they do not need to show all information. Judge Joyal granted all of these motions by Tim Hortons and all these documents where hidden in court and were not allowed to be discussed. They are professionals and know all the court secrets that you don’t even know about until you are at trial. If you have received any letters with “without prejudice’ and Tim Hortons is instructing you to do certain things with your business, those documents will not be allowed to be evidence in a court of law.

Tim Hortons playing dumb .pdf  Tim Hortons can just play dumb when the business is failing.

When the trial for my family started my brother was suing Tim Hortons and we had a cross claim against my brother (Tim Hortons sold our brother a separate Tim Hortons location that he owned on his own but was supplied by a store we owned as a family).

bullying .pdf  Even when the 2 partners are forced out, the other is being bullyed and laughed at by Tim Hortons Executives right inside the store.

Here are some ‘hard facts’ about Tim Hortons and their business practices backed by court documents and court transcripts;

* Buyer beware. Not all locations are successful!!!!
* There is another side to the iconic franchisor that is not publicly known.
* Low volume stores keep being resold as subsequent owners go broke.
* Franchisor profits not only on Rent, Royalty, and Advertising as owner goes broke but profits on resale of equipment and leaseholds.
* NO HELP
* Once franchisee exhausts all sources of cash to keep the business afloat, franchisor mounts a systematic negative evaluation of the operator to use against them in the termination process.
* Franchisor advocates financial aid to struggling owners but this is only lip service.
* Systematic bullying undermines confidence, self-worth, and positive outlook needed to motivate staff and build sales.

After years of being involved in this and now with the threat my family is dealing with as we try to regain our lives back. An excerpt from the letter my family received;

So this is what me and my family have been dealing with. So we are prepared to take whatever action Tim Hortons deems necessary in order for them to try to shut this site down and to not have any documents posted that show the truth.

The truth has been hidden behind confidentiality agreements and gag orders. My own brother signed one of these. All I want to accomplish with this site is the truth and share information to help you make an informed decision if you are a family looking at purchasing one of the 1000 stores they plan on building in Western Canada or any existing store that they are re-selling.

Promissory Note, Guarantee Letter; Never, Ever, sign these!

Promissory, Guarantee, Demand Letters .pdf  In court Tim Hortons said this was an isolated case, Judge Joyal believed Tim Hortons yet they have generic copies of these letters. Also the demand note to continue operating the business, they want these documents signed and cash.

Of note lately is the large number of former district managers who are now becoming “owners” of stores. This “ownership” is false and it inflates the numbers of actual franchises run by owner/operators. These district managers make approx. 35k per year and is obvious they do not have the liquid capital to purchase a franchise. Also traffic for same stores is down but Tim Hortons says average tickets are up. The reality is every time they open another store its extra dollars and traffic and the real example of corruption is how they report same stores being re-sold. (we have sworn affidavits from former owners who are paid either nothing or owe money when they leave the store. This is stated right in the contract you sign that you cannot sell the store.)

We have a mountain of documents and transcripts from the trial that we have put on PDF and the site will release them and we can also have requests for posting of documents that anyone feels they would like to see. Since we have nothing to hide and only the truth to expose.

You will see us on Facebook soon as we have connected with many former owners who have all had the same things happen and we have the current addresses of failed former franchisees that we will post on our Facebook page so we can connect with them and gather many others just like our family.

Since the launch of the class action lawsuit in Ontario we have noticed some concerning facts with the decisions the judges are having in different provinces. In Manitoba the contract you sign is only considered a regular commercial agreement, in Ontario the judge ruled that this is not the case in the class action and ruled the contract is binding even though what happened in Manitoba would constitute a breach and the contract should be allowed to be amended. This is something that the higher courts should look into as Tim Hortons is influencing how franchising is being regulated. With their deep pockets they get the judges to interpret the law differently in provinces that are side by side. In Quebec there has also been different decisions. The site will post the links below for comparison and for the lawyers representing clients can see and use the decisions in a way to help them achieve their goals.

Want to release any Tim Hortons Documents go here ; http://www.sec.gov/about/offices/owb/owb-tips.shtml

We urge anyone who has had a similar experience to do the same. You can also file a registered complaint for false accounting practices at ; http://www.sec.gov/complaint/tipscomplaint.shtml

or if you are an investor and want to protect yourself from this as the truth will be getting out no matter what the consequence to my family as we have been silenced for far too long;  http://www.sec.gov/complaint/question.shtml

all investors should also read this; http://business.financialpost.com/2012/08/15/tim-hortons-stock-held-back-by-growth-concerns-lack-of-new-ceo/

The definition of desperation; to open more locations, Tim Hortons opens first restaurant in Oman!!!! Check it out at; http://news.ca.msn.com/top-stories/tim-hortons-opens-first-restaurant-in-oman

Cold Stone Again Amongst the “Worst 25 Franchises to Buy with the Highest Failure Rates, 2012”

Most importantly, Tim Hortons is forcing current owners to put into their stores a Cold Stone franchise that Tim Hortons purchased. They already employed the same tactics so it was a match made in heaven. On a side note it’s costing current store owners 100k to put a Cold Stone in their store, no increase in traffic and Tim Hortons is pocketing over 80k as all they do is retrofit a freezer and counter. Great benefit for the franchisee ; https://sites.google.com/site/coldstonefacts/

With the millions and millions spent on Advertising here in Canada, they can buy the image they wish. If anyone can afford to take them to court, they will win every time as they have the deepest pockets to squash any possibility of a judgement against them and they basically own the media. My family has all the documentation on PDF and many names and addresses of failed franchisees that can expose all of this but no TV, radio, or newspaper in Canada wants to jeopardize the millions they collect. This is why the internet is so important as well as social media to connect the failures. Remember it’s portrayed as a money-making machine or as I’ve heard so often ‘a license to print money’. If this was the case a family would never sell or give up a store. It would go from family member to family member, and as the contract states the only person who can purchase the business from you when you want to sell is Tim Hortons. In the contract you sign (and personally guarantee) it states that the only person who can buy the business is Tim Hortons and the contract also states that no goodwill is paid. So in the case of the ‘owner’ who commented he built the business up, he should take note that he will receive zero (that’s correct ZERO dollars for his hard work and effort building the business!!!) for his ‘goodwill’ he put in the business. My family was paid $1 for the store (correct that’s ONE dollar and the same store re-sold 4 more times for a half million dollars and each consecutive operator received the same thing….NOTHING) we have sworn affidavits from other store owners who were paid the same thing, we even have a sworn affidavit from a former Executive that was paid 25k (yes twenty-five thousand) and then the next month Tim Hortons enters into a new agreement with another ‘owner’ with a 80/20 agreement (we’ll get into all the different “contracts” they have and show you some) and lease the equipment for a fee that is greater in the first year than what the former executive was paid.

Buyback .pdf  Tim Hortons depreciates the franchise at a rate of 20% per year. This is the Actual letter from Vice President. This means your entire investment is wiped out after 5 years, and you get paid nothing for building the business….you just bought yourself a job (a very expensive job), who would buy a store knowing this ahead of time?

The court documents speak for themselves as do the transcripts of the trials that have already taken place. The mountain of evidence is there but the threat of lawsuits and what will happen to you if you expose the truth is clear in the latter above sent to my family. Tim Hortons spent close to $800,000.00 to take my family to trial and to convince a judge that the 500 page contract isn’t a contract of adhesion but one that is the same as when you buy and sell a car. The judge believed the 7 lawyers from Tim Hortons instead of the one man we had representing us. If they can convince a judge (Royal Joyal) that the contract is a simple commercial one and that the law that dates back to the 1960’s is more relevant to franchising than what has happened in the courts with respect to franchising since the 1990’s and in to the 2000’s. They have the money to defeat anyone so I am willing to risk what little freedom I have to expose the court documents and to show the public that almost all these stores are failures being re-sold over and over again.

We have the names of over 120 people who have lost their stores but we know there are thousands more that we need to gather so the truth can come out once and for all. The documents back up the facts, Tim Hortons will do what they can to hide this information but my family is not afraid. If we can help stop the sale of franchises to other families then it’s worth whatever will happen to us knowing I stopped other families from being destroyed. The truth comes in many forms, but in our case the only way to show it is through the Court of Queen’s bench documents that we have put together.

Like this comment left on our site, this is what this site is intending to accomplish;

October 25, 2012 at 3:51 pm | #13

Thank you for this very informative site. Me and my family were looking into getting a Tim Horton franchise, but after doing my research it is not as nice as they describe it in their website. I would not go in business with a corporation that does not show me all the numbers of a store before I invest my money.

We live in a democratic country and as such we should be allowed to express our experiences free of fear of being shut down from big bullying corporations.
We as people made this corporations by buying their products, and we can also boycott them as well.

Thanks again for enforcing my research.
Like they say in the Dragons Den, I am out.

I hope to see more and more comments like this!! With updating the search engines our new site will come up every time Tim Hortons is punched in a search engine. Anyone looking at purchasing a store will come across this site. The problem with the original site was that it was just our story, no Court of Queens bench documents or posted transcripts. It came across as us whining and didn’t have anything to back up the facts. We are new to this so we are also learning how to do this as we go along. We thank everyone who has helped us and appreciate any feedback you have on what we should do on our new site.

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