Vancouver Whitecaps and MLS resolve lawsuit regarding absence of Lionel Messi in match.
The British Columbia Supreme Court has sanctioned a settlement in the class-action lawsuit against Major League Soccer and the Vancouver Whitecaps, which alleged that both entities utilized “misleading promotional material” in the ticket sales for the match against Inter Miami on May 25, 2024.
The primary plaintiff, Ho Chun, initiated the lawsuit claiming that the league and the club capitalized on the anticipation that prominent Inter Miami CF players such as Lionel Messi, Luis Suárez, Sergio Busquets, and Jordi Alba would take part in the MLS match to drive ticket sales.
However, shortly before the match, Whitecaps CEO Axel Schuster confirmed that Messi, Suárez, and Busquets would not be making the trip to Canada, as former head coach Gerardo Martino opted to rest the players due to a congested schedule.
With over 50,000 fans anticipated to attend the event, the Whitecaps provided a 50% discount on in-stadium food and beverages to alleviate dissatisfaction.
The defendants, MLS and the Vancouver Whitecaps, refute any responsibility and assert that the claim lacks merit, as stated in court documents. Nevertheless, the three parties commenced negotiations in May 2025 to prevent further legal action.
On Monday, the court mandated that the defendants collectively pay a total of $450,000 Canadian ($329,000) to resolve the lawsuit. According to the case documents, Major League Soccer and the Vancouver Whitecaps will distribute the settlement funds, excluding any amounts allocated for class counsel fees, equally among three beneficiaries: (i) KidSport BC (the British Columbia chapter of Kidsport Canada); (ii) Canada SCORES (the Vancouver General Fund); and (iii) BGC South Coast BC, as the recipients of the cy pres donation.
“Vancouver Whitecaps FC confirms that the settlement of the class action lawsuit concerning the club’s May 25, 2024, MLS regular season match against Inter Miami CF has today received approval from the British Columbia Supreme Court,” the club stated in a communication to ESPN. “The settlement will be executed in accordance with the stipulations outlined in the settlement agreement.”
The settlement also stipulates that the Whitecaps must amend their ticketing terms to include language indicating the following information: “Ticketholder hereby recognizes and acknowledges that team rosters and player lineups are subject to change at any time prior to, or during, the Event. Ticketholder further acknowledges that Whitecaps FC cannot and does not make any representation, warranty and/or guarantee arising from or related to the participation or performance of any individual player in the Event, and Whitecaps FC hereby disclaims any and all such representations, warranties and guarantees, whether express or implied (including, but not limited to, in any advertising or promotional materials related to the Event).”
ESPN also contacted MLS for a response.
