Why not sue the artist?
People who purchased tickets to attend the OSHEAGA Music and Arts Festival have entered into a contract with the Festival and not with the artists. The legal link that is created by purchasing a ticket is between the consumer and the merchant. It is the merchant’s responsibility to respect his contractual obligations towards ticket holders.
There is an exclusion of liability clause!
First, it is a membership contract. It is also a contract between a consumer and a trader. Consequently, the disclaimer must be interpreted very restrictively. The clause must be evaluated at the time it is applied to see, on a balance of probabilities, whether it is reasonable. We will demonstrate before the Court that the term is invalid because it is unfair in the context of its application.
Why not just ask for a refund?
A class action is the most appropriate procedure in this kind of scenario. Often, consumers whose rights are infringed simply do not seek redress, particularly because of lawyers’ fees.
Also, each of the individual claims in this class action is relatively modest, so most consumers will not go to court for a refund.
The collective action therefore allows each of these consumers to obtain a refund without having to suffer the inconveniences that may arise from the introduction of an individual legal action.
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The lawyer’s fee must cost more than the $115 claimed!
When it comes to class actions, it is common for lawyers not to charge their client(s) on an hourly basis. Normally, all costs are borne by the firm. There is also financial assistance from the Fonds d’aide aux actions collectives. In addition, in the event that the class action is upheld by the court, the court may decide what fees to be paid to the lawyer.
These are things that happen!
One of our firm’s main philosophies is to promote access to justice. We are the voice of the poor and the victims of injustice and work hard to denounce cases of injustice.
Application for authorization to bring a class action
To read the full application for authorization, click here.
To join the class action
Register using the form here.