The plaintiffs brought a motion to certify a class action against Ticketmaster regarding its secondary ticket market practices.
The plaintiffs alleged that Ticketmaster knowingly facilitated or turned a blind eye to professional resellers using bots and multiple accounts to bypass primary market ticket limits, contrary to its Terms of Use and Purchase Policy.
The court certified the class action for claims of breach of contract, breach of ticketing legislation, unlawful means conspiracy, negligence, and unjust enrichment.
However, the court found that the claims under the Competition Act and consumer protection legislation did not disclose a cause of action because the plaintiffs failed to plead a sufficient causal connection between the alleged misrepresentations and their damages.
The court also dismissed Ticketmaster's motion to strike the plaintiffs' expert reports, finding them admissible and relevant to establishing a methodology for calculating aggregate damages.
