Ticketmaster / Live Nation – Postponed or Rescheduled Events – Quebec Class Action Settlement

Date of Initial Application: May 12, 2020

Please note that the Superior Court of Quebec approved the Class Action Settlement in the present matter on October 26, 2023 (Judgment available on this page).

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NOTICE OF AUTHORIZATION OF A CLASS ACTION AND OF AN UPCOMING SETTLEMENT APPROVAL HEARING ON OCTOBER 18, 2023

IF YOU PURCHASED A TICKET WHILE YOU WERE IN THE PROVINCE OF QUEBEC, ON THE WEBSITE OR MOBILE APPLICATION OF TICKETMASTER, BETWEEN MAY 12, 2017 AND MARCH 11, 2020, FOR AN EVENT TO TAKE PLACE ON OR AFTER MARCH 11, 2020, THAT WAS SUBSEQUENTLY POSTPONED, RESCHEDULED OR CANCELLED, WITHOUT RECEIVING A REFUND WITHIN 15 DAYS OF YOUR REQUEST FOR ONE, YOU ARE A MEMBER OF THIS AUTHORIZED CLASS ACTION AND THIS NOTICE CONCERNS YOU:

By judgment dated May 31, 2022, in case number 500-06-001066-204 of the Superior Court of Québec, the Court authorized the bringing of a class action seeking compensation on behalf of the following class of persons:

-All persons present on the territory of Québec at the time of purchase of a ticket (regardless of the location where the event is to take place) between May 12, 2017, and March 11, 2020, for an event to take place on March 11, 2020, or after this date, subsequently postponed, rescheduled or cancelled, without a full refund to said persons within 15 days of the request for refund. (the “Class”)

Take note that the parties have reached a potential settlement and that accordingly, if the Settlement is approved by the Court, the Class will be redefined (amended) as follows and provide benefits to the following amended Settlement Class Members only:

-All persons who, during the Class Period, purchased one or more Tickets to an Event in the Province of Quebec using a billing address in the Province of Quebec, and who made a valid request for a refund after the Event was postponed or rescheduled. (the “Settlement Class”)

“Event” means an event for which Ticketmaster was the authorized ticket agent, and for which Tickets were available for purchase during the Class Period, which event was to take place on or after March 11, 2020 and which was subsequently postponed or rescheduled. This definition does not include cancelled events for which the Tickets were automatically reimbursed.

“Class Period” means the time from May 12, 2017, to March 11, 2020, inclusive.

“Ticket” means any document or instrument that upon presentation gives the ticket holder a right of entry to a show, sporting event, cultural event, exhibition or any other kind of entertainment, and that was bought through either the www.ticketmaster.ca website or using one of the Defendants’ mobile applications.

The hearing on the proposed Settlement will take place in the Montreal Courthouse, at 1, rue Notre-Dame Est, on October 18, 2023, in room 17.09 at 9:30 am.  The log in information is the following:

 

17.09

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A member of the Class may seek authorization from the Court to intervene if the intervention is considered helpful to the Class. A member who intervenes is required to submit to a pre-trial examination at the request of the Defendants. A Class member who does not intervene may not be subject to a pre-trial examination unless the Court considers that it would be useful for its determination of the issues of law or fact to be dealt with collectively.

A member of the Class other than the Representative Plaintiff or an Intervenor may not be required to pay the legal costs arising from the class action.

Note: A Settlement Class Member participating in the proposed Settlement (if it is approved by the Court) will NOT be required to pay any costs or fees whatsoever.

 

OPTING OUT

If for any reason whatsoever, you do not wish to be bound by the Class Action or the proposed Settlement, you must take the following steps to opt out of the Class Action and the Settlement Class.

If you do nothing, you will remain a member of the Class or the Settlement Class, as the case may be. You will be eligible to receive benefits under the Settlement (if approved by the Court) and will be bound by any judgments in this Class Action. You will be able to object to the Settlement or comment on it. You will not have the right to take personal legal action against Ticketmaster or Live Nation relating to refunds of Tickets to Events, as defined above.

If you do not want to participate in the Class Action or the Settlement, you can opt out of the Class which also means that you are opting out of the Settlement Class to the extent you would be part of it. You may wish to opt out if, for example, you prefer to pursue your own legal action at your own expense against Ticketmaster or Live Nation.

If you opt out, you will not be entitled to any compensation pursuant to the Class Action or the Settlement. You will not be bound by the Class Action and you may be able to exercise any valid rights of action you may have against Ticketmaster or Live Nation individually and at your own expense (Strict legal prescription deadlines apply, and you should consult your own independent attorney in this regard). You will not be able to object to or comment on the proposed Settlement.

The date after which a member may no longer opt out without special permission is September 24, 2023.

Opt Out Forms received after September 24, 2023, will not be honoured and you will be bound by the Class Action (and the terms of the Settlement Agreement, including the Release provision, if approved by the Court).

A Class member or Settlement Class Member who wishes to opt out of the Class Action may do so before the expiration of the deadline to opt out by advising the Clerk of the Superior Court of Québec in the District of Montréal in writing, indicating the court number 500-06-001066-204 and case name (Patterson v. Ticketmaster):

Clerk of the Superior Court of Québec

PALAIS DE JUSTICE DE MONTRÉAL,

Room 1.120 1, rue Notre-Dame est

Montréal (Québec) H2Y 1B6

An Opt-Out Form is available on the Settlement Website: refundticketquebec.ca.

Any Class member or Settlement Class Member who has brought (prior to the expiration of the deadline to opt out) an action having the same subject matter as the Class Action is deemed to have opted out of the Class or Settlement Class if he or she does not discontinue that court action before the expiration of the deadline to opt out.

 

SETTLEMENT SUMMARY

You are a Settlement Class Member if, between May 12, 2017, and March 11, 2020, you purchased one or more Tickets to an Event in the Province of Quebec using a billing address in the Province of Quebec and made a valid request for a refund after the Event was postponed or rescheduled.

If you are a Settlement Class Member, you are automatically eligible to receive one Credit, as described below, and there is no action that you must take to receive it.

Each Settlement Class Member will receive an electronic Ticketmaster gift card with a single credit of fifteen Canadian dollars (CAD $15.00) (no matter how many tickets were purchased) (the “Credit”). The Credit has no expiration date and is not convertible to cash. The Credit may be used towards the purchase of a ticket on the primary market using the Ticketmaster websites or mobile applications. Further terms and conditions are set out in the Settlement Agreement available at refundticketquebec.ca.

The Defendants also agreed to implement an Additional Refund Window: a new 30-day period during which purchasers who still hold their Tickets to any Events in Quebec which have not yet occurred and for which refunds are no longer available will be able to obtain a refund in exchange for cancellation of their Tickets. Class Members holding an eligible Ticket have already been informed of the Additional Refund Window by a separate email sent to the email address they used to purchase their tickets to that outstanding Event. Class Members who receive a refund through the Additional Refund Window will be considered Settlement Class Members and will be eligible to receive the Credit.

Each Settlement Class Member will provide a full and complete release of their claims against the Defendants. The Agreement does not constitute an admission of liability by the Defendants, who have agreed to settle only for the purpose of avoiding a trial and the additional costs and expenses related thereto.

The Settlement also provides that Class Counsel will seek Court approval of its Class Counsel Fees and expenses. These Class Counsel Fees will be paid by Defendants in addition to the Credit issued to Settlement Class Members. Therefore, Class Members will not be required to pay any portion of the Class Counsel Fees.

 

OBJECTING TO THE SETTLEMENT OR COMMENTING ON IT

You can advise the Court that you do not agree with this Settlement, if you have not opted out of the Class Action.

To present your objection to the Court or comment on the Settlement, you must deliver a document to Class Counsel at the address set out below at the latest on October 2, 2023. Your document must contain the following information:

1. The style of cause and docket number of the Class Action: Patterson v. Ticketmaster Canada Holdings ULC, et al. S.C.M. 500-06-001066-204;

2. Your full name and current address, telephone number and email address;

3. The e-mail address associated with your Ticketmaster account;

4. The grounds for your objection to the Settlement or the comments you wish to make about it.

5. The full name and current address, telephone number and email address of your attorney (if any);

6. Confirmation as to whether you intend to be present at the upcoming Settlement approval hearing.

You can object to or comment on the Settlement on the day of the hearing, even if you have not submitted the document described in paragraph 26 above before October 2, 2023.

You can object to the Settlement or comment on it without a lawyer. If you wish to be represented by a lawyer, you may hire one at your own expense.

If, despite your objection or comments, the Settlement is approved, you will still receive a credit if you are eligible. You cannot object to or comment on the Settlement if you opt out of the Class Action.

 

FOR MORE INFORMATION

For additional information and to access the text of the Settlement Agreement and its schedules, including the Opt-Out Form, please consult the internet site at the following link: Settlement Website.

This notice is only a summary of the judgment authorizing the Class Action, the complete text of which may be found on the Settlement Website here.

The Settlement Administrator which was appointed by the Court to provide additional information and assist Class Members is:

Velvet Payments Inc.

5900 Andover Avenue, Suite 1

Montreal (Québec) H4T 1H5

Telephone: 1-888-770-6892

Fax: 1-800-934-3320

Email: [email protected]

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Quebec Class Action Authorized

On May 31, 2022, the Superior Court of Quebec authorized the class action against:

• Ticketmaster Canada Holdings ULC
• Ticketmaster Canada ULC 
• Ticketmaster Canada LP
• Ticketmaster LLC 
• Live Nation Canada Inc.
• Live Nation Entertainment Inc.
• Live Nation WorldWide Inc.

on behalf of:

All person present on the territory of Québec at the time of purchase of a ticket (regardless of the location where the event is to take place) between May 12, 2017 and March 11, 2020, for an event to take place on March 11, 2020 or after this date, subsequently postponed, rescheduled or cancelled, without a full refund to said persons within 15 days of the request for refund.

 

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LEX GROUP Inc. has launched a national class action against:

• Ticketmaster Canada Holdings ULC, Ticketmaster Canada ULC, Ticketmaster Canada LP and Ticketmaster LLC (collectively “Ticketmaster”) (also doing business under the name Réseauadmission),
• Live Nation Canada Inc., Live Nation Entertainment Inc., Live Nation WorldWide Inc.

on behalf of all persons in Canada, who purchased before March 11, 2020 one or more tickets from one of the above-mentioned companies for an event scheduled to take place after March 11, 2020, which event was subsequently either postponed, rescheduled or cancelled, without a full refund being timely provided by the platform.

(Note: With the permission of the Court, the proceedings have been discontinued as against AXS Group Canada Inc.,  AXS Group LLC, Gametime United Inc., and TicketNetwork Inc. – see the judgments available on this Web page).

(Note: Separate proposed out of Court settlements are pending Court approval regarding StubHub Canada Ltd, StubHub Inc., Vivid Seats LLC, SeatGeek Inc., and Internet Referral Services LLC.  Please consult our separate webpages regarding these settlements).

Indeed, on March 11, 2020, the World Health Organization declared COVID-19 (corona virus) a pandemic.

It is alleged in the class action proceeding that on or after March 12, 2020, the above companies (Defendants), which operate very popular event ticket selling or re-selling websites, changed their refund policies regarding cancelled, postponed, or rescheduled events. For certain events or shows deemed as “cancelled”,  “postponed” or “rescheduled” after March 11, 2020, said Defendants refuse to reimburse within a reasonable delay the price paid within by their customers for the event tickets or other related services or products purchased (such as parking at the venue).  Some of these websites are imposing credits or coupons, instead of a refund.

Accordingly, if you live in Canada and you have purchased one or more event tickets from one the above-mentioned companies, on or before March 11, 2020, for event(s) deemed cancelled, postponed or rescheduled after March 11, 2020, without receiving a full refund in a reasonable delay, you may potentially be part of the proposed Class defined by the class action initiated by our office.

Should you be Member of the above Group, you may be entitled to compensation should the Court authorize and grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please retain copies of any and all documentation relevant to your claim, including photographs or screenshots of any requests you made for a reimbursement.

Please fill out the form below in order to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.