Secondary Ticket Seller Ordered to Refund $1,363 for Cancelled Race

UPDATE: A significant ruling has just emerged from a British Columbia tribunal, mandating that ATPI Travel and Events Canada Inc. issue a refund of $1,363.55 to a ticketholder affected by the cancellation of a Vancouver Formula E race originally set for Canada Day weekend in 2022. This urgent decision comes over three years after the event was abruptly called off, leaving thousands of ticket buyers in uncertainty.

Sean Charlton, who purchased four tickets totaling $1,092, took action when the race was cancelled and has now emerged victorious in his quest for justice. The Civil Resolution Tribunal confirmed that despite the event’s original organizers, One Stop Strategy Group Inc., being based in Quebec, the tribunal had the authority to resolve the matter locally in British Columbia.

Tribunal member Jeffrey Drozdiak emphasized that Charlton rightfully bought tickets for an event intended to occur in British Columbia, stating, “It is in the interest of justice for the CRT… to resolve this dispute.”

ATPI, which argued that it was not responsible for refunds because it had already forwarded Charlton’s payments to the organizers, has faced a setback. The tribunal noted that ATPI had launched a separate lawsuit against One Stop Strategy Group in Quebec, seeking to recover $2.78 million to facilitate refunds for affected ticketholders. However, the tribunal clarified that the legislation governing ticket sales in British Columbia, specifically the Ticket Sales Act, mandates that secondary ticket sellers must guarantee a full refund if an event is cancelled.

Drozdiak highlighted the legal obligations of secondary ticket sellers, stating, “I find a seller cannot include a contract term that removes this guarantee.” This firm ruling underscores the accountability of ticket sellers in ensuring consumer rights are protected, especially in cases of event cancellations.

Charlton’s case, while singular, reflects a broader issue affecting thousands of ticketholders who have similarly sought refunds. In 2022, a class-action lawsuit was initiated in Quebec against both ATPI and One Stop Strategy Group on behalf of three other ticketholders. Drozdiak confirmed there was no evidence to suggest that Charlton was part of this lawsuit, reinforcing his right to pursue this claim independently.

This ruling is a pivotal moment for consumers in British Columbia, as it reaffirms their rights under local legislation. With the tribunal’s decision, ATPI has been ordered to deliver the refund plus pre-judgment interest and CRT fees, marking a crucial victory for Charlton and potentially paving the way for similar claims by other affected ticketholders.

As the situation develops, it is essential for other customers who purchased tickets for cancelled events to stay informed about their rights and possible avenues for refunds. The decision has immediate implications for ticket sellers and buyers alike, signaling that legal protections are in place to ensure refunds are issued when events are cancelled.

Expect more updates on this unfolding story as it impacts thousands of consumers across Canada.