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
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
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
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.