A Vancouver man won a payout from the Civil Resolution Tribunal in a dispute involving the cancelled Formula E event.
In 2022, Vancouver was teeming with excitement for the big Formula E event that was to be kicked off by Nickelback.
The event, managed by the OSS Group, never panned out, and many who purchased tickets were left wondering when they’d get a refund.
SC brought a dispute against ATPI Travel and Events Canada at the tribunal, claiming $1,092 as a refund for the tickets. In defence, ATPI said it paid SC’s money to the OSS Group and that it was the group’s responsibility to provide the refund.
“It also argues a separate set of terms and conditions gives ATPI sole discretion on whether to issue a refund,” the tribunal decision states.
ATPI is based in Québec, and it submitted its terms and conditions, which suggest that any legal action would have to be instituted by that province’s courts.
“I find this dispute turns on British Columbia’s consumer protection legislation. So, I find I can apply this legislation when deciding this dispute,” the tribunal said.
Formula E was to take place in July 2022. SC bought four tickets in total for $1,092. OSS cancelled the 2022 event in April, claiming it was going to be postponed to 2023.
“In September 2022, ATPI sued OSS Group in Québec Superior Court to recover $2,789,539 for customer refunds. In October 2022, a class-action lawsuit was started against OSS Group and ATPI by three ticket buyers seeking refunds,” noted the tribunal decision, adding that SC wasn’t involved in that class action.
SC tried to file a chargeback but was unsuccessful because he did it too late. The tribunal turned to the matter of who was responsible for the refund.
“ATPI argues that the ticket entrance agreement says if the event is cancelled, OSS Group is solely responsible for refunding tickets. I disagree with how ATPI interprets this agreement. I acknowledge that clause 4.4 of the agreement says OSS Group will refund tickets if it cancels the event. However, nowhere does it say OSS Group is ‘solely’ liable for refunding tickets if the show is cancelled,” the tribunal said.
The tribunal turned to the Ticket Sales Act (TSA) to come to its decision.
“TSA section 11(1) says if a ticket purchaser suffers a loss arising from a party’s contravention of the TSA, the ticket purchaser can bring an action against that person. TSA section 1 explicitly includes the CRT as a suitable forum for this action,” the tribunal noted.
“TSA section 11(2) says I can order ATPI to pay any money that [SC] has lost. Given this, I order ATPI to pay [SC] $1,092 for the race tickets.”
In total, including tribunal fees, ATPI was ordered to pay SC $1,363.55 within 15 days of the decision.