A class action suit filed in BC Supreme Court alleges BC Ferry Services Inc. breached a contract last month by changing the expiration terms of its assured loading tickets “unilaterally” and “without the consent of” earlier purchasers of the tickets.
John Orton launched the suit on his own behalf – and all British Columbians – who purchased assured loading tickets prior to April 1, 2010. Under recently-changed rules, they can no longer apply the value of those now-expired tickets toward the purchase of new assured loading tickets.
Orton is seeking damages for breach of contract.
According to the suit, Orton purchased 10 assured loading tickets in May 2007 for $819.
The suit alleges that, according to the terms of purchase, the tickets expired May 31, 2009. After that date, the cash value of expired tickets could be used toward the purchase of a new set of 10 assured loading tickets at any time. Orton used six tickets prior to that expiry date.
But on March 31, 2010, BC Ferries “purported to unilaterally change the terms of sale of [the tickets]” by introducing a new term, effective April 1, 2010. The new term stated the tickets expired two years after their purchase date. At that point, their cash value could be used toward the purchase of a new book of the tickets – but only for a period of six months after expiry.
The new term created an exception for customers like Orton, whose tickets had expired prior to January 1, 2010. The exception allowed those purchasers to apply the value of the expired tickets toward the purchase of a new set of tickets, but only up until June 30, 2010.
The suit alleges BC Ferries told Orton last month that, under the “revised” term and condition of sale, his right to apply the value of his expired tickets toward 10 new ones had lapsed June 20, 2010.
The suit was filed April 8. None of these allegations have been proved in court.