No collective action for the late stage of rapper Travis Scott in Osheaga
The collective action wanted to bring festivalgoers frustrated by the late Travis Scott at the Osheaga festival in August 2018 was not allowed.
It was Justice André Prévost of the Superior Court who ruled in this case last June and who put an end to this lawsuit by refusing to give him the green light.
“This is a judgment of interest to the entertainment industry,” said interview Myriam Brixi, a lawyer at Lavery Avocats, who led the case for Evenko.
Because this is the first application for authorization of a class action in Quebec for a delay during a show, she adds.
In this story, Megan Le Stum, a college student, buys a “General Admission Weekend Pass” for the music festival held in Montreal in August 2018, at Jean Drapeau Park, at a cost of $ 327.
She describes herself as a great admirer of Travis Scott, “one of the most popular rappers in the musical world”. It is because of her presence in Osheaga that she says she bought a weekend pass. Without him, she would have passed her turn. On August 3, 2018, Travis Scott was scheduled to perform at 9:45 pm for 70 minutes.
Now, the long-awaited evening, things are spoiled.
About the time he was on stage, his fans saw a message on the big screen telling them he was late. Then, 15 minutes later, at about 10:15 pm, a message tells them that he has been delayed at the customs but is en route to the park. Other messages will be displayed later.
The student, judging that the crowd was becoming aggressive, leaves with her friends the site of the festival around 22 h 30, saying to have little hope that the artist occurs with the approach of curfew of the site, fixed at 23 h, is it reported in the decision.
Finally, the rapper appears on stage at 23:02 and his concert ends at 23:40. A performance of about 40 minutes, less than the 70 announced.
It is thus claimed to Evenko Management, which specializes in the production of festivals and musical events, a sum of $ 115 per festival-goer. Evenko did not respect his part of the contract, alleges the student.
But the judge does not respond to his grievances.
“First, the court refuses to reduce the experience of the Osheaga festival to a single performance, even that of a headliner,” said Brixi.
Holders of weekend passes, which includes Ms. Le Stum, enjoy the opportunity to attend the performance of 132 artists during the three days of the festival, writes the magistrate.
“If, as Ms. Le Stum claims, the performance of Travis Scott was the main consideration that led her to participate in the (festival), then why did she buy a pass for three days instead of just for the day? August 3? Why did you spend $ 320 instead of just $ 115? “Asks the magistrate in his decision.
And then, “the decision to leave the site around 22 h 30 was his: nothing forced him,” he adds.
Prévost J. also notes that “delays in the presentation of an artist’s performance are not exceptional for those who frequent the cultural milieu”. He noted that the organizer had taken care to specify, “in its programming and its advertising”, that not only the schedule, but also the artists, are “subject to change”.
The court concludes that Ms. Le Stum’s file does not demonstrate Evenko’s failure to meet her contractual obligations to her.
“The decision is important for the event industry in that it recognizes that the organizer of a major event sometimes faces unforeseen circumstances and has room to maneuver. reasonable to adjust, “says Me Brixi, specializing in particular in the case of collective actions.
“Of course, each situation will be a case in point, but a well-informed promoter will take care to indicate in its documentation that changes are possible,” she continues.
It should be noted that there was no trial in this case, as Prévost J. refused to allow the action to proceed.
The case has not been appealed, said Brixi.