KISSed-off and mad enough to sue 

Vancouver-based promotional company sued after Whistler concert cancelled

click to enlarge 1450kiss.jpg

Whistler’s KISS saga isn’t over yet.

The entertainment that represents the legendary rock band is suing Big Mountain Concert Company over the failed fall concert planned for Whistler.

The concert was announced on Aug. 22, just over three weeks before the band was scheduled to perform.

In a statement of claim filed with the B.C. Supreme Court on Nov. 28, lawyers representing KISS allege that Big Mountain Concert Company Inc. (BMCC) and the company president, Dennis MacDonald, breached the contract.

The plaintiffs named in the suit — McGhee Touring Ltd., McGhee Entertainment Inc., and GAPP 2002 Ltd. — represent the band members.

According to court documents, the artists agreed to perform a 90-minute concert in Whistler on Sept. 15, in exchange for $900,000, as well as accommodations and transportation from BMCC. In return, BMCC was entitled to retain all revenues from ticket sales.

But on Sept. 3, BMCC suddenly announced the concert had been cancelled “due to logistical problems at the mountain concert site.”

No further details on the reasons behind the cancellation were released to the public. Court documents state that, “without lawful excuse or justification and in breach of the Contract, BMCC and/or MacDonald unilaterally cancelled the Concert.”

The court documents also allege that MacDonald induced the plaintiffs to enter into the contract by leading them to believe that “a venue for the Concert was fixed and had been arranged for Whistler, BC and that he and/or BMCC had contracts with several Intrawest Mountain Resorts to stage concerts,” which was not the case.

They also claim that financing necessary to stage the concert was not secured by BMCC, and are seeking damages of $900,000 plus general damages, costs and interests for the lost revenues and injury to their professional reputation.

Calls to BMCC media representatives were not returned in time for publication. However, in a CBC article published Dec. 7, Dennis MacDonald said the parties never entered into a contract.

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