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A proposed settlement to a class-action lawsuit won’t provide compensation for thousands of ticket buyers who, despite marketing promises, never got to see soccer stars Lionel Messi, Sergio Busquets and Luis Suarez play the Vancouver Whitecaps at B.C. Place in May of 2024.
Instead, the settlement is proposing the Whitecaps pay $475,000 — minus up to one third for the plaintiffs' lawyers — to be split between three charitable organizations.
Details of the proposal were released on Monday by the law firm representing the Burnaby, B.C., man who brought the claim.
In his lawsuit, Ho Chun alleges he paid $404 for a pair of tickets to see Inter Miami CF play the Whitecaps in a game where the three famous Miami players were advertised as participating.
None of them did, but their no-show was only announced a couple of days before the game. Chun’s lawsuit called it “a classic case of bait-and-switch,” citing print, online, social media and billboard ads that promised the trio.
A promotional poster that appeared on the Vancouver Whitecaps Facebook page ahead of the May 2024 match featured Spanish star Sergio Busquets (far right) and Argentinian legend Lionel Messi (centre right). (B.C. Supreme Court)In a statement emailed to CBC News, the Vancouver Whitecaps said: “A settlement has been reached in the class action relating to the Whitecaps FC v. Inter Miami CF game on May 25, 2024. The settlement is subject to approval by the British Columbia Supreme Court.”
Evolink, the law firm representing class action plaintiffs, declined comment.
According to the proposed settlement, the Whitecaps will revise their ticketing terms and conditions to state that player rosters are subject to change and cannot be guaranteed.
WATCH | Whitecaps fall to Inter Miami in quest for first MLS Cup:It was a crushing defeat for the Vancouver Whitecaps and their supporters as the team fell to Inter Miami in its first ever crack at an MLS championship. CBC's Jon Hernandez caught up with fans in the aftermath.In addition, the team will add similar information to the pop-up notices on Ticketmaster’s website and will display the updated terms and conditions more prominently on its own website.
Chun's lawsuit was originally seeking a full refund for tickets that went unused and a partial refund for tickets that were used, amounting to the difference between the price charged for the Miami game and the average price for all other Whitecaps games.
It claimed the Whitecaps and the MLS were "reckless in not confirming that Messi, Suarez, and/or Busquets would be playing at the Vancouver v. Miami game."
Andy Lam, who travelled from Hong Kong to see Inter Miami's Lionel Messi play against the Vancouver Whitecaps, holds a sign outside B.C. Place stadium. (Darryl Dyck/The Canadian Press)Lawyers for the plaintiffs stand to earn just over $156,000 of the $475,000 fund if the court approves the maximum 33 per cent fees and expenses charge.
KidSport B.C., Canada SCORES and BGC South Coast B.C. are the three sport charities named to receive the remainder of the money.
A B.C. Supreme Court settlement approval hearing is scheduled for Feb. 27, 2026 in Vancouver.
In 2024 when news first broke that Messi, Suarez and Busquets were questionable for the match, Whitecaps CEO Axel Schuster posted a statement online.
"Unfortunately, we have no control over who plays for our opponent, and it was important for us to communicate to our fans as soon as possible," Schuster said.
The Whitecaps attempted to cool fan anger by giving a 50 per cent discount on food and drinks at the no-show game, as well as a free meal combo for attendees under 18.
The club later offered free tickets to another 2024 regular season game for all fans who attended.