The case involves allegations of misleading event ticket coverage
The Quebec Superior Court has approved the settlement agreement reached in a class action lawsuit against Ticketmaster Canada LP and associated entities, along with CUMIS General Insurance Company, AZGA Insurance Agency Canada Ltd., and AZGA Service Canada Inc.
The approved settlement resolves allegations that during the class period, the defendants sold "Event Ticket Protector" insurance in a misleading and deceitful manner, thus violating Quebec's Consumer Protection Act and the Competition Act. The class action was authorized for settlement purposes, with Mathieu Trudelle appointed as the representative plaintiff. The class encompasses individuals who purchased the disputed insurance using a billing address in Quebec between August 2, 2019, and March 31, 2023.
In its ruling, the court approved a preliminary payment of $500,000 plus applicable taxes and disbursements for class counsel fees, postponing the final determination of the fees' reasonableness until the settlement administrator is prepared to distribute the settlement fund to the class members.
The Superior Court noted that the social objectives of the class action procedure must always be considered when approving a settlement or class counsel fees: to facilitate access to justice, modify harmful conduct, and conserve judicial resources.
The settlement agreement, valued at $3.3 million, covers class counsel fees, settlement expenses, and approved claims. Any remaining amount will be equally divided between two charities, as identified by the parties, ensuring no part of the settlement amount reverts to the defendants.
Additionally, the agreement simplified the claims process for class members, allowing for refunds of the insurance price paid, including taxes, with the potential for receiving between 30 percent to 100 percent of the amount paid, subject to the number of claims approved.
The court’s decision came after the court evaluated the proposed settlement against established criteria to ensure its fairness and adequacy for the class members. The criteria include the likelihood of the action's success, the nature of the evidence, the settlement's terms, and the absence of objections to the agreement, among other considerations.
