Court File and Parties

COURT FILE NO.: CV-20-648562-00CP DATE: 20221124

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: William Jung AND: Restaurant Brands International Inc., et al.

BEFORE: J.T. Akbarali J.

COUNSEL: Sean Campbell, Michael O’Brien, Judith Manger, for the plaintiff

Catherine Beagan Flood, Nicole Henderson, Gregory Sheppard, for the Defendants Restaurant Brands International Inc., Restaurant Brands International Limited Partnership, The TDL Group Corp., and BK Canada Service ULC

Mark S. Hayes C.S., for the Defendant Radar Labs, Inc. c/o Incorporating Services Ltd. (Registered Agent)

HEARD: In writing

Endorsement

[1] This action was commenced by Notice of Action on September 30, 2020. It seeks relief for the defendants’ alleged wrongful collection of personal information of Canadians that use the Tim Hortons and the Burger King mobile applications. The action is brought on behalf of any person resident in Canada, outside of Quebec, who downloaded one or more of the Restaurant Brands International applications on their mobile phone.

[2] Overlapping and duplicative proceedings alleging similar facts were filed in Ontario, British Columbia and Quebec:

a. Wai Lam Jacky Law v. Restaurant Brands International Inc. and Radar Labs, Inc. in the Supreme Court of British Columbia, VLC-S-S-207985: This action was filed on behalf of all residents of Canada, including Quebec, who downloaded the Tim Hortons mobile application on or before June 29, 2020;

b. Steve Holcman v. Restaurant Brands International Inc., Restaurant Brands International Limited Partnership, and the TLD Group Corp., in the Superior Court of Quebec, 500-06-001081-203: This action was filed on behalf of all Quebec residents who downloaded the Tim Hortons mobile application;

c. Ashley Stitko and Ashley Cadeau v Restaurant Brands International Inc. in the Ontario Superior Court of Justice, CV-20-643263-00CP: This Notice of Action was filed on behalf of all residents of Canada, including residents of Quebec, who downloaded the Tim Hortons mobile application on or before June 29, 2020. No statement of claim was filed.

[3] In July 2021, I was advised that plaintiff’s counsel in this action had reached an agreement with counsel in the British Columbia action, and as a result, the plaintiff did not then intend to proceed with a certification motion in this action. This action was stayed on December 8, 2021, subject to further order of the court.

[4] In the intervening time, counsel for the plaintiffs in all the actions and counsel for the defendants held settlement discussions which eventually resulted in a national settlement agreement of the Quebec action.

[5] On June 15, 2022, the Superior Court of Quebec authorized a national class action for settlement purposes on behalf of a class of all Canadian 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.

[6] Subsequently, the Superior Court of Quebec approved the proposed settlement in reasons dated September 22, 2022, after a settlement approval hearing on September 6, 2022.

[7] Under the terms of the settlement agreement, the parties to this action have consented to an order dismissing it on a without costs basis.

[8] In these circumstances, it is just and appropriate that I dismiss this proposed class action without costs.

[9] Order to go in accordance with the draft I have signed.

J.T. Akbarali J.

Date: November 24, 2022