Court Fite No... =. ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: CV [bg cas81410.000 Rey SEPTEMBER SEVENTH ENTERTAINMENT TINTED oy CLATHS- RBH Ae Ber binibeie and THE FELDMAN AGENCY, JANN ARDEN, J.A. TOURS INC, BRUCE ALLEN TALENT, JOHNNY REID, JOHNNY MAC ENTERTAINMENT INC. and WALKIN THE DOG LTD. f£.s.0. COWBOY JUNKIES STATEMENT OF CLAIM TO THE DEFENDANT(S) A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff: The claim made against you is set out in the following pages IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiff's lawyer or, where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario, If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence. IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.2 IF YOU PAY THE PLAINTIFF'S CLAIM, and serving and filing your statement of defence, $2,000.00 for costs, within the time for you may move to have this proceeding dismissed by the court. If you believe the amount claimed for costs is excessive, you may pay the plaintiffs claim and $400.00 for costs and have the costs assessed by the court. TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it has not been set down for trial or terminated by any means within five years after the action was commenced unless otherwise ordered by SEP 2 8 2016 Date: Issued by: Address of court office: the court. SHAFIA SATB Local Registrar Ontario Superior Court of Justice — Hamilton John Sopinka Courthouse 45 Main Street East Hamilton, Ontario TO: THE FELDMAN AGENCY 8 Elm Street, Toronto, Ontario, MSG 1G7 AND TO: JANN ARDEN 8 Elm Street, Toronto, Ontario, MSG 1G7 AND To: BRUCE ALLEN TALENT 425 Carvall S,, Suite 520, Vancouver, British Columbia VOB 6B3 AND TO: JOHNNY REID 8 Elm Street, Toronto, Ontario, MSG 1G7 AND TO: JOHNNY MAC ENTERTAINMENT INC. 8 Elm Street, Toronto, Ontario, M5G1G7AND TO: AND TO: WALKIN THE DOG LTD fs.0. THE COWBOY JUNKIES 8 Elm Street, Toronto, Ontario, MSG 1G7 J.A. TOURS INC. 8 Elm Street, Toronto, Ontario, MSG 1G7CLAIM 1. The Plaintiff, SEPTEMBER SEVENTH ENTERTAINMENT LIMITED (“September Seventh”) claims against the Defendant, The Feldman Agency (“Feldman”): ® ) © @ Payment of the sum of $1,233,974.00 for loss of expected revenue. Payment in the amount of $9,771,118.00 for losses based on costs incurred due to the breach of contract by Feldman, Payment in the amount of $412,500.00 for losses by way of profits eamed by Feldman due to their breach of contract. ‘An Order requiring Feldman to pay September Seventh $1,000,000.00 in punitive damages resulting from their high-handed conduct hereinafter described. 2. September Seventh claims against the Defendants, Jann Arden (“Arden”), J.A. Tours Inc.(“J.A. Tours”) and Bruce Allen Talent (“Allen Talent”): @ @) © @ Payment of the sum of $652,232.00 for loss of expected revenue, Payment in the amount of $5,168,921.42 for losses based on costs incurred due to the breach of contract by Arden, J.A. Tours and Allen Talent. Payment in the amount of $225,000.00 for losses by way of profits earned by Arden, J.A. Tours and Allen Talent due to their breach of contract. An Order requiring Arden, J.A. Tours and Allen Talent to pay September Seventh $1,000,000.00 in punitive damages resulting from their high-handed conduct hereinafter described.me 3. September Seventh claims against the Defendants Johnny Reid (“Reid”) and Jobnay Mac Entertainment Inc. (“Johnny Mae’ @® ) © @ Payment of the sum of $529,414.00 for loss of expected revenue. Payment in the amount of $4,191,809.62 for losses based on costs incurred due to the breach of contract. Payment in the amount of $175,000.00 for losses by way of profits eamed by Reid and Johnny Mac due to their breach of contract. An Order requiring the Reid and Johnay Mac to pay September Seventh $1,000,000.00 in punitive damages resulting from their high-handed conduct hereinafter described. 4. September Seventh claims against the Defendant WALKIN THE DOG LTD. fs. COWBOY JUNKIES (“Cowboy Junkies”): @) 0) © @ Payment of the sum of $52,239.00 for loss of expected revenue. Payment in the amount of $410,386.96 for losses based on costs incurred due to the breach of contract by Cowboy Junkies. Payment in the amount of $12,500.00 for losses by way of profits eared by Cowboy Junkies due to their breach of contract. An Order requiring Cowboy Junkies to pay September Seventh $1,000,000.00 in Punitive damages resulting from their high-handed conduct hereinafter described.5 & September Seventh claims against THE FELDMAN AGENCY, JANN ARDEN, J.A. TOURS INC., BRUCE ALLEN TALENT, JOHNNY MAC ENTERTAINMENT INC,, JOHNNY REID and WALKIN THE DOG LTD. fs.o. COWBOY JUNKIES (the Defe nts”), collectively: (@) _ Compounded pre-judgment and post-judgment interest pursuant to the provisions of the Courts of Justice Act, R.S.0. 1990, ¢. C.43; (®) Any tax which may be payable on any amounts pursuant to the Excise Tax Act, RS.C. 1985, as amended or any other legislation enacted by the Government of ‘Canada and/or the Province of Ontario; (©) Costs of this action on a full indemnity basis, plus disbursements and applicable taxes; and (@ __. Such further and other relief as Counsel may advise and that this Honourable Court may permit and deem just and appropriate in the circumstances. THE PARTIES 2, September Seventh is a corporation duly incorporated pursuant to the laws of the Province of Ontario operating from Hamilton, Ontario and carrying on business in the entertainment services industry. Feldman is an entertainment industry agency with Canadian operations centred in ‘Vancouver, British Columbia and Toronto, Ontario. Reid is a Canadian musician represented by Feldman. Johnny Mac Entertainment Inc. is Reid’s management company.i 12. 13. 14, 15. b. Would not perform within the province of Ontario within 90 days of the Harvest Picnic; nor within a 200 km radius of U.S. markets from Hamilton, Ontario. Exceptions to this were Ottawa on December 10, 2016, & Toronto December 13 and 14, 2016, ©. Would not announce the Toronto performances until August 28, 2016. Fifty per cent of the agreed upon fee of $75,000.00 was paid to Feldman with respect to Arden’s contract as a deposit, On, or about, June 8, 2016, Arden, announced she would be giving three performances branded, “A Jann Arden Christmas” taking place over the course of December 13 and 14, 2016 in Toronto. Tickets went on sale on, or about, June 8, 2016. Jennifer Bluestein, a representative of Feldman, notified September Seventh on August 24, 2016 that Arden was cancelling her performance as the result pf a medical issue. Feldman and Allen Talent, instructed September Seventh to communicate to the public that Arden’s cancellation was the result of an “unexpected illness”. Feldman refunded the Arden deposit to September Seventh on August 24, 2016. On Sept. 2, 2016 Arden performed on CTV's Canada AM Soundstage to a live audience promoting “A Jann Arden Christmas”. This performance was also broadeasted on CTV.Cowboy Junkies 16. Ttwas a term of Cowboy Junkies contract that they: 2. Would not perform within 90 days and within 150 km of Hamilton, ON with the exception of one Toronto show as agreed upon by September Seventh and the Cowboy Junkies, : 17. Fifty per cent of the agreed upon fee of $12,500.00 was paid to Feldman with respect to the Cowboy Junkies contract as a deposit, 18. On or about June 2, 2016, Cowboy Junkies announced a performance at the First Ontario Performing Arts Centre in St. Catharines, ON that would take place on October. 27, 2016. Tickets went on sale on, or about, June 3, 2016. 19. The fees relating to the Cowboy Junkies’ contract were paid in full prior to the discovery and confirmation of the breach of contract by the Cowboy Junkies, Johnny Reid 20, Tt was a term of Reid’s contract that he would perform as the headlining act on Sunday August 28, 2016 at the Harvest Picnic. 21. Fifty percent of the agreed upon fee of $175,000.00 was paid to Feldman with respect to Reid’s contract as a deposit.23 24, -10- Tt was a term of Reid’s contract that the artist would not announce, advertise, or perform publicly at any location within a 500 km radius of Hamilton, ON between May 30, 2016 and November 26, 2016. Johnny Reid, announced on or about August 23, 2016 that he would be performing at the Canadian Country Music Awards on September 11, 2016. No further payment was made to Feldman or Reid once this was confirmed by September Seventh. Feldman knew or ought to have known about the radius clauses and non-competition clauses or did not prevent the breaches of contract by Reid, Arden and Cowboy Junkies. DAMAGES SUSTAINED BY SEPTEMBER SEVENTH 25. 26. 27. ‘September Seventh has suffered significant financial loss as a result of the high handed conduct or conduct in bad faith and breaches of contract by the Defendants. ‘The unconscionable conduct by the Defendants with regards to the formation, execution and breaches of the contract, elevated their marketing and sales initiatives for performances that breached their contracts relating to the Harvest Pienic. Feldman produces events as well as represents talent and knew or ought to have known that ticket sales are required to fund events such as the Harvest Picnic and that the absence of ticket sales, would cause financial hardship to September Seventh.SEPTEMBER SEVENTH ENTERTAINMENT LIMITED Plaintiff -and- THE FELDMAN AGENCY et al, Defendants CERTIFIED nee phory OF THE ORIGINATIN' 7 ISSUED HEREIN tL Signa (24 ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT HAMILTON STATEMENT OF CLAIM SEPTEMBER SEVENTH ENTERTAINMENT LIMITED Fiddlers Green Postal Outlet Box 81069 Ancaster, Ontario L9G 4X1 \ JEAN-PAUL GAUT! & Tel: (905) 719-9612 B 4B Self Representative of the,Piaintif SEPTEMBER SEVENIH2 > ENTERTAINMENT i CaATIOSa/ CAL. | |