On January 19, 2021, Picard Poitras Gervais Avocats SENC filed a motion for authorization to institute a class action against Station Mont-Sainte-Anne Inc. and Les Entreprises de Stoneham Inc. seeking compensation for persons who had purchased a La Passe 2020-2021 evening pass giving access to both ski resorts.
In mid-November 2020, Mr. Yann Giroux, our client, purchased a La Passe 2020-2021 student evening season pass for $169.00 plus taxes. This pass was to give him access to both ski resorts between 4 p.m. and closing time, every day from the opening of both resorts until March 20, 2021.
Due to heavy traffic at both ski areas, many season pass holders were unable to obtain the guaranteed unlimited access. Furthermore, our customer feels that the high level of traffic experienced has significantly reduced the quality of services offered. The announcement of a new reservation system deprived many evening pass holders of access to the ski centers for a period of three days following the announcement.
Our customer is of the opinion that this new reservation system does not conform to the representations made by the two resorts at the time it was put on sale, and is therefore entitled to compensation.
Our customer also believes that the high level of traffic has deprived several evening season ticket holders of access to the ski centers. For those who were able to access the ski resorts, the quality of service was reduced.
Non-respect of contractual obligations
Under the Civil Code of Quebec and the Consumer Protection Act, when a party to a contract fails to respect the obligations contained therein, the other party is entitled to demand termination of the contract or a reduction of its obligations.
According to the representations made at the time of their acquisition of the La Passe evening pass, subscribers rightly believed that by purchasing said pass, their access to the two mountains would be guaranteed at all times.
Anyone holding a 2020-2021 La Passe evening season pass at Stoneham Tourist Station in Stoneham-et-Tewkesbury and at Mont-Sainte-Anne in Beaupré.
We are awaiting authorization to institute the class action, which will be granted by a Superior Court judge.