Mont-Tremblant Tonik Pass Refund Class Action
Quebec Superior Court file #:
Mont-Tremblant Ski Resort and Alterra Mountain Company (the “Defendants”) sell a ski pass called the “Tonik Pass” for $499 plus taxes (price varies depending on the age category). The Applicant and Class members all purchased the 2019-2020 version of the Tonik Pass, which the Defendants advertised and sold as including “113 fixed days on the snow”. The Defendants further provided Class members with the 2019-2020 calendar actually showing 119 “fixed days”. On March 14, 2020, Alterra Mountain Company issued a bilingual (English and French) statement on its website in which in stated that all of its mountains (including Mont-Tremblant) would close effective March 15, 2020 due to the health situation and that they would provide refunds to their customers. However, the Defendants have refused to refund Tonik Pass holders for the 27 “fixed days” remaining on the Tonik Pass 2019-2020 Calendar, which the Class members paid for, but were unable to use. The Defendants have also refused to refund Class members for the unused portion of the “Tonik Forfait de privilèges” add-on that they pre-paid for. This class action seeks restitution in the form of a reimbursement of the 27 “fixed” ski days paid for by Class members.
All consumers who purchased a 2019-2020 “Tonik” ski pass for Mont-Tremblant, including persons who also purchased the “Privilege Bundle” / “Tonik Forfait de privilèges” add-on.
Remedies sought for consumers:
This class action seeks restitution in the form of a reimbursement of the 27 “fixed” ski days paid for by Class members and which the Defendants could not perform due to superior force (pursuant to articles 1693, 1694 and 1699 of the Civil Code of Quebec). Specifically, the refund requested is 22.69% of the the purchase price of the 2019-2020 Tonik Pass and Tonik Forfait de privilèges add-on.
On March 23, 2022, the Court of Appeal authorized this class action. The Court of Appeal’s judgment is available below.