Posts Tagged ‘tim hortons lawsuit’

Tim Hortons Franchise Lies

December 19, 2012 1 comment


“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.


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.


CEO Paul House


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… me. I can guarantee you a way to get your money and to get out!


Tim Hortons; A Look From The Inside

November 24, 2012 4 comments

Test Site moving shortly to 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  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.

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