Summary

40930

Live Nation Entertainment, Inc., et al. v. David Gomel

(British Columbia) (Civil) (By Leave)

Keywords

Civil procedure — Class actions — Companies operating online platform for sales of event tickets — Tickets sold in a primary market to original purchasers and a secondary market to secondary purchasers — Companies posting Terms of Use and Purchase Policy on-line — Can terms of use and purchase policy be the basis of misrepresentation claims by the public and, if so, can courts consider the plain words of the representation when considering whether the pleading discloses a cause of action — What must a class of individuals seeking damages due to an alleged false or misleading statement plead to establish causation and obtain damages under the Competition Act for conduct that allegedly contravenes the Competition Act, and must they allege specific facts to establish how the misrepresentations caused the alleged damages and detrimental reliance — If a representative plaintiff has not put forward sufficient evidence for certification of an issue, should they be permitted to adduce more evidence in a re-hearing to fill gaps in the evidentiary record before the certification judge — Class Proceedings Act, R.S.B.C. 1996, c. 50 — Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2 — Competition Act, R.S.C. 1985, c. C-34.

Summary

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Mr. Gomel applied to certify a class proceeding under the Class Proceedings Act, R.S.B.C. 1996, c. 50, advancing claims for damages against a group of companies including Ticketmaster Canada LP. Mr. Gomel alleges negligent misrepresentation, unjust enrichment, and breaches of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2 and the Competition Act, R.S.C. 1985, c. C-34. The Supreme Court of British Columbia allowed the application in part. The Court of Appeal for British Columbia allowed an appeal in part and a cross-appeal in part.

Lower Court Rulings

April 15, 2021
Supreme Court of British Columbia

2021 BCSC 699
Application to certify a class proceeding allowed in part
July 7, 2023
Court of Appeal for British Columbia (Vancouver)

2023 BCCA 274, CA47479
Appeal allowed in part and cross-appeal allowed in part