Overview Of The Lawsuits
Four class action lawsuits were brought in Alberta, Manitoba, Ontario and Quebec regarding the resale of tickets on www.ticketsnow.com. The lawsuits are:
- Murray v. TNOW Entertainment Group, Inc. and others, Alberta Court of Queen’s Bench Action No. 0901-02400 (Calgary) (the “Alberta Action”);
- Labossiere v. TNOW Entertainment Group, Inc. and others, Manitoba Court of Queen’s Bench File No. CI-09-01-60049 (Winnipeg) (the “Manitoba Action”);
- D’Urzo v. TNOW Entertainment Group, Inc. and others, Court File No. 500-06-000462-099 in the Superior Court of Quebec (the “Quebec Action”); and
- The claim in Krajewski and others v. TNOW Entertainment Group, Inc. and others, Ontario Superior Court of Justice File No. CV-09-371983-00CP (the “Ontario Action”), dealing with tickets purchased over www.ticketsnow.com.
In each of the lawsuits above (collectively, the “Lawsuits”), the plaintiffs allege that some of the tickets sold on www.ticketsnow.com were sold for prices that were greater than permitted by certain legislation. The courts have made no determination of the merits of those allegations.
The Settlement of the Lawsuits
The plaintiffs and the defendants have reached a settlement of the claims advanced in the Lawsuits that relate to the resale of tickets on www.ticketsnow.com (the “Settlement”). As the Settlement was made in the context of class action lawsuits, it extends to everyone who is a “Settlement Class Member” (see below), unless they chose to exclude themselves from the Settlement.
Who is included in the Settlement?
“Settlement Class Members” are all persons who purchased tickets on www.ticketsnow.com:
- Between February 19, 2006 and September 25, 2012, for events in Quebec;
- Between February 9, 2007 and September 25, 2012, for events in Ontario;
- Between February 17, 2007 and October 31, 2009, for events in Alberta; or
- Between February 17, 2007 and September 25, 2012, for events in Manitoba.
(individually or collectively, the “Settlement Tickets”)
What are the Settlement benefits?
The Settlement provides for each class member to be mailed a cheque refunding $36 per Settlement Ticket, less certain court-approved deductions. The deductions are expected to be around $8 per ticket, or less depending on what province the event was held in. If there are any uncashed cheques, then there will be a payment to charity. The Settlement further provides for limitations on secondary market ticket sales in Manitoba and in Ontario, where there are still limits on the amounts that can be charged on the resale of tickets, and other website changes.
When and How Will Payments be Made?
The courts have appointed Garden City Group, Inc. to act as the impartial Settlement Administrator. The Settlement Administrator will review the records provided by TicketsNow and will make a determination as to who is a Settlement Class Member, and how many Settlement Tickets each Settlement Class Member purchased. The Settlement Administrator will then mail a refund cheque to each Settlement Class Member, using the address given by the Settlement Class Member in his or her last purchase on www.ticketsnow.com. Cheques will be mailed beginning on December 28, 2012, and payments will be completed by January 25, 2013.
If a Settlement Class Member does not cash his or her cheque within 6 months of the date on which it was mailed, he or she has an additional 6 months to request a replacement cheque from the Settlement Administrator. However, Settlement Class Members have 12 months from the date when their initial cheques are mailed to them in which to cash any cheques. No cheques will be replaced or honoured after that time. Settlement Class Members are encouraged to cash their cheques without delay.
What are my options?
If you want to participate in the Settlement and receive the benefits, you do not need to do anything as cheques will be automatically mailed to the last known address of TicketsNow customers who purchased Settlement Tickets. If you participate in the Settlement and did not opt out, you will be bound by the terms of a release contained in the Settlement and will not have the right to sue individually regarding Settlement Tickets.
If you would like to:
- check whether you are a Settlement Class Member;
- dispute a determination by the Settlement Administrator that you are not a Settlement Class Member, or as to the number of tickets you purchased;
- provide additional information or documents in connection with any such dispute; or
- verify the contact information that the Settlement Administrator has on record for you, or to change or update your contact information
please write to the Settlement Administrator at info@ticketSettlement.com or call toll-free at 1 (877) 446-4768.
If you did not want to participate in the Settlement, you could opt out of the action that applies to you. If you opted out of any of the actions, you are not eligible to receive the benefits of the Settlement and will not be bound by the release, but you will have the right to sue individually regarding Settlement Tickets. In order to opt out of the Settlement, you must have delivered a completed Opt Out Form by December 27, 2012.
Where Can I Find More Information?
The Courts have approved an official notice with information about the Lawsuits, the Settlement and the options available to Settlement Class Members. To see a copy of the Notice click here.
If you would like to review a copy of the Settlement Agreement and Release click here.
If you would like additional information about the administration of the Settlement and the payments, please call the Settlement Administrator toll-free line at 1 (877) 446-4768.
If you would like to speak to one of the lawyers for the class, you may contact one of the following:
- For individuals who purchased Settlement Tickets for events in Ontario, Alberta, or Manitoba : Luciana P. Brasil of Branch MacMaster LLP at (604) 654-2999, Jay Strosberg of Sutts Strosberg LLP at 1 (800) 643-3697, or one of the following local legal firms:
- in Alberta, Clint Docken Q.C. of Docken & Company at (403) 269‑3612
- in Manitoba, Wayne Forbes of Pollock & Company at (204) 956‑0450
- For individuals who purchased Settlement Tickets for events in Quebec: Normand Painchaud of Sylvestre Fafard Painchaud at (514) 937-2881.