A judge has nixed a proposed class action lawsuit over rapper Travis Scott’s tardy appearance at the Osheaga festival in 2018.
Quebec Court Justice Andre Prévost ruled on the matter last June, putting an end to the proposed civil suit.
Lawyer Myriam Brixi, who represented concert promoter Evenko in the case, says the judgment is of interest to the entertainment industry as it was the first time someone had sought a class action for a show delay.
College student Megan Le Stum, a fan of Scott, had bought a general weekend pass for $327, hoping to see him perform.
The popular U.S. rapper arrived nearly an hour after he was scheduled to start and spent just 40 minutes on stage in a truncated set. By the time he took the stage, Le Stum had left.
But Prévost ruled the Osheaga experience couldn’t be reduced to a single performance, even a headline act, noting that weekend passes allowed concert-goers to see 132 artists at the Montreal event.
The judge asked why, if Scott was the main consideration for the student, she bought a weekend pass instead of just a single day.
He also said Le Stum’s decision to leave the venue was her own and not forced. She’d judged the crowd was becoming aggressive and elected to leave 30 minutes before Scott took the stage.
Prevost also noted that delays aren’t exceptional in the cultural milieu and that the promoter had taken care to specify that artists’ schedules are subject to change.
The court concluded the case did not warrant a trial as it had not been demonstrated that Evenko had failed to meet their contractual obligations to Le Stum.
“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 manoeuvre,” Brixi says.
Brixi says the case has not been appealed.