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The B.C. Supreme Court has approved a $475,000 settlement in a class-action lawsuit against the Vancouver Whitecaps and Major League Soccer after star players, including Lionel Messi, were promoted to play in a 2024 game but didn’t show up.
Justice Andrew Majawa approved the settlement on Monday, finding it was fair and reasonable in the “novel” case over alleged misleading promotional material before the game between the Whitecaps and Inter Miami.
The plaintiff alleged the team “capitalized on the expectation” of the star players’ attendance, and brought the lawsuit on grounds that included breach of contract, unjust enrichment and violations of provincial consumer legislation and federal competition law, Majawa said.
The Whitecaps, in response to the lawsuit, said they had no control over Miami’s player lineup or its decision that Messi and others wouldn’t play the match.
There was no admission of liability by the team, but it agreed to display its ticketing terms more prominently on its website and make clear that there are no guarantees that particular players will participate in matches.
Majawa said there were a small number of people who opted-out of the class and a few objections to the settlement, but he disregarded some because they were based on “unsubstantiated internet rumours.”
One of the objections, he said, appeared to have been written by artificial intelligence and included references to “AI hallucinations.”
The settlement, minus lawyer fees, will be donated to three B.C. sports-related charities, which the judge said is a “meaningful amount,” and will also include changes to the team’s ticketing practices.
The remaining settlement goes to KidSport B.C., which gives grants to children whose families have financial challenges paying sports fees, Canada Scores, a group that delivers free after-school sports programming and the Boys and Girls Club of B.C.’s South Coast.
“I accept that this is a novel and complex claim that there are a number of possible defences available,” the judge said. “The settlement is not required to be perfect.”
The judge approved lawyer fees of a third of the settlement amount, just over $156,000, and a $1,500 honorarium for the representative plaintiff in the case.
The lead plaintiff, Ho Chun, was subjected to “vitriolic language” online that contained false allegations that “impugned” his integrity, the judge said.
“This misinformation or disinformation will remain on the internet and be associated with him forever. Being subject to such negative online criticism may discourage people from putting themselves forward as representative plaintiff,” Majawa said. “It is one of the risks that they undertake in this day and age ”
The class included about 50,000 people who bought tickets to the game, and Majawa said fans were compensated to “some extent” with a free ticket to another game and discounted food.
