The Tragically Hip perform in 2009. The band’s final tour in 2016 sparked renewed public outcry across Canada about ticket ‘bots’ snapping up event tickets and reselling them for a profit. (Scott Alexander/Wikimedia Commons)

The Tragically Hip perform in 2009. The band’s final tour in 2016 sparked renewed public outcry across Canada about ticket ‘bots’ snapping up event tickets and reselling them for a profit. (Scott Alexander/Wikimedia Commons)

B.C. man’s lawsuit over Ticketmaster, StubHub can proceed, judge rules

Class action on behalf of people who lost out due to ‘ticket bots’

A B.C. man’s lawsuit over ticket resellers jacking up prices for live events has taken a step forward in B.C. Supreme Court.

David Gomel is suing TicketMaster and associated companies in a class action on behalf of all B.C. residents who bought event tickets for personal use from resellers between Jan. 25, 2010 and Sept. 18, 2018. It’s one of a series of similar class action lawsuits, and Gomel alleges that Ticketmaster isn’t doing enough to stop scalpers from using “bots” to scoop up tickets within seconds of them going on sale.

B.C. Supreme Court Justice Michael Tammen ruled this week that Gomel’s lawsuit can proceed, refusing a procedural motion by Ticketmaster lawyers to stay the action until Saskatchewan case involving multiple provinces can be decided. Ticketmaster has not yet filed a statement of defence in the B.C. case.

Gomel’s case is based on his purchase of a concert ticket from a secondary seller, StubHub, which was originally sold by Ticketmaster.

RELATED: B.C. law attempts to regulate online ticket resellers

RELATED: Survey finds frustration with fast event ticket sellouts

“Broadly put, the essential claim is that Ticketmaster represents on its website, at the time of initial sale of all tickets, that there are purchasing limits in place for the number of tickets per customer, and that such limits ensure fairness and prevent purchasers from purchasing a large number of tickets for resale,” Tammen wrote in a decision released this week.

“The notice of civil claim alleges that Ticketmaster has, contrary to the representations on its website, actively developed and marketed software called TradeDesk, which facilitates and encourages the use of ‘ticket bots.’ Ticket bots are automated software programs used to allow one purchaser to purchase a large number of tickets online.”

B.C. Public Safety Minister Mike Farnworth passed legislation in the spring of 2019 aimed at preventing mass-buying software for live event tickets. The law requires clear disclosure of ticket prices, refund guarantees by secondary sellers and declarations by them that they are not the original ticket provider. Enforcing such rules is hampered by ticket resellers operating outside of the province.

The B.C. government hosted an online questionnaire in March 2018 on the subject. Of the 6,507 people who responded, 96 per cent reported live event tickets selling out quickly, and nearly 60 per cent said they had seen tickets offered by a secondary seller before the primary seller made them available.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislature

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Willow, a kitten belonging to a Victoria family, was rescued by firefighters on Thursday after she got stuck in a basement drain pipe. (City of Victoria/Twitter)
Victoria kitten stuck in basement drain pipe rescued by firefighters

Willow the cat on the mend, owner feeling ‘enormous gratitude’

(Black Press Media file photo)
Blue-green algae bloom confirmed in Elk Lake, water-based activities not recommended

Blue-green algae can be lethal to dogs, cause health issues for humans

Victoria police arrested a man Jan. 15 after he rammed his minivan into an occupied police vehicle. (Black Press Media file photo)
Victoria man arrested for ramming minivan into occupied police vehicle

Man caught after fleeing, crashing into cement retaining wall

Mayor Rob Martin and Costa Canna president Phil Floucault cut the ribbon on Colwood’s first cannabis retail store. (Jane Skrypnek/News Staff)
Cowichan Tribes’ Costa Canna cannabis store opens in Colwood

Cowichan Tribes has one-year deal to grow, sell cannabis

Standardized foundation skills assessment tests in B.C. schools will be going ahead later than usual, from Feb. 16 to March 12 for students in Grades 4 and 7. (Black Press Media file photo)
COVID-affected school year perfect time to end standardized tests: Greater Victoria teacher union

Foundational skills testing of Grade 4 and 7 students planned for February ad March

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

(Black Press Media file photo)
From arts to environment, nominate your West Shore hero

Nominations for the Goldstream Gazette’s Local Hero awards are open to Jan. 15

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

Lilly and Poppy, two cats owned by Kalmar Cat Hotel ownder Donna Goodenough, both have cerebellAr hypoplasia, a genetic neurological condition that affects their ability to control their muscles and bones. Photo by Alistair Taylor – Campbell River Mirror
VIDEO: Wobbly Cats a riot of flailing legs and paws but bundles of love and joy to their owner

Woman urges others to not fear adopting cats with disabilities

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virtually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Chief public health officer Dr. Theresa Tam provides an update on the COVID-19 pandemic in Ottawa on Friday, Jan. 8, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada’s top doctor says to avoid non-essential travel as B.C. explores legal options

Premier John Horgan says he is seeking legal advice on whether it can limit interprovincial travel

Most Read