PROVINCE OF ONTARIO
TORONTO/VANCOUVER, Feb. 12 /CNW/ - A $250 million class action lawsuit
was filed on behalf of all persons in Canada who purchased tickets from
Ticketmaster for an event anywhere in Canada (other than Ontario) and were
charged a convenience fee, or additional service charges over and above the
issued price of the ticket.
The lawsuit follows on the heels of a $500 million class action lawsuit
filed on February 9, 2009 on behalf of all persons who purchased tickets for
an event in Ontario via Ticketmaster or TicketsNow. This expansion of the
lawsuit of February 9, 2009 alleges that any transaction for the purchase of
tickets via Ticketmaster or Ticketmaster Canada is governed by the laws of the
Province of Ontario; which laws preclude the selling of tickets at a price
higher than at which they were first issued.
disputes involving events, or tickets for an event located in Canada consent
to having the dispute "...governed by the laws of the Province of Ontario."
"The overwhelming response to the first Ticketmaster class action spawned
a second class action on behalf of anyone who purchased tickets from
Ticketmaster or Ticketmaster Canada for an event held anywhere in Canada,
other than in Ontario," said Luciana Brasil of Branch McMaster, one of the
lawyers representing the Plaintiff.
"This suit deals specifically with additional fees and service charges
above the issued ticket price that are imposed on ticket purchasers. The law
in Ontario is very clear on this point, and we are hopeful that the court will
enforce this important piece of consumer protection legislation consistent
with our interpretation," said Jay Strosberg of Sutts, Strosberg LLP, one of
the lawyers representing the Plaintiff.
The Class Action lawsuit was brought by a Plaintiff in Edmonton, Alberta.
On November 21, 2008, the Plaintiff visited www.ticketmaster.ca to purchase
one ticket to see David Byrne perform in Edmonton, Alberta on February 22,
2009; and on December 13, 2008, visited www.ticketmaster.ca to purchase four
tickets to see Jay Leno perform on February 26, 2009 in Edmonton, Alberta. In
the case of the David Byrne ticket, the website listed the ticket's price as
being $55.50. As the Plaintiff completed the purchase, he was also charged and
paid a building/facility charge of $1.65, a convenience charge of $10.25, and
a $4.35 order processing fee, resulting in an actual cost of $71.75 for the
ticket. In the case of the tickets to Jay Leno's performance; the website
listed the face price of each ticket as being $79.00. As the Plaintiff
completed the purchase, he was also charged and paid a convenience charge of
$5.00 per ticket and a $2.50 order processing charge, resulting in an actual
cost of $338.50 for the four tickets, or $84.60 per ticket. The suit alleges
that Ticketmaster Canada sold the Plaintiff five tickets at a price higher
than that at which they were first issued.
In Ontario, the TSA (Ticket Speculation Act) prohibits the sale of
tickets for a price higher than at which they were first issued.
Class members who are currently included in the first class action
lawsuit may not participate in the class action lawsuit filed today.
For more information visit www.ticketmasterclassaction.com
About Sutts, Strosberg LLP
Sutts, Strosberg LLP has offices in Windsor and Toronto and is one of the
leading class action law firms in Canada. Sutts, Strosberg LLP has recovered
more than $1 billion for its clients. Its lawyers have been involved in some
of Canada's most important class actions in Canada including the Walkerton
class action, the Money Mart class action and the Hepatitis-C class action
against the Federal and Provincial governments.
About Branch McMaster
Branch MacMaster is recognized by Canadian Lawyer as one of the top
Canadian litigation boutiques, with an office in Vancouver, British Columbia.
The firm authors the textbook "Class Action in Canada". Its lawyers have since
acted in over eighty class actions in Ontario, Quebec, Alberta and B.C.
For further information:
For further information: Jay Strosberg, Sutts, Strosberg LLP, Tel: (519)
561-6272, Email: firstname.lastname@example.org; Luciana Brasil, Branch MacMaster
Barristers & Solicitors, Tel: (604) 654-2960, Email: email@example.com