Published Nov 28, 2016Last month, Harvest Picnic organizer Jean-Paul Gauthier and his September Seventh Entertainment company sued Canadian booking company the Feldman Agency after Jann Arden dropped out of this year's event at the last minute. Now, the Feldman Agency has launched a countersuit against the Ontario festival.
In the countersuit, the Feldman Agency is seeking thousands of dollars in unpaid fees and demanding the original lawsuit be "dismissed without cost," according to court documents obtained by the CBC.
The company represents Arden, Johnny Reid and Cowboy Junkies. September Seventh paid half of the $75,000 fee for Arden's appearance upfront, but was refunded the money by the Feldman Agency when she had to cancel. Reid, meanwhile, claims he was only paid half of the money he was owed and is suing Gauthier and co. for $110,250 in unpaid fees.
"All of the defendants plead that the claims against them are frivolous and vexatious, are excessive and remote and are not recoverable at law," reads Feldman's statement of defence.
In the countersuit, Feldman also claims that Gauthier is unable to afford a lawyer for the upcoming court proceedings.
Gauthier and September Seventh originally sued the Feldman Agency for $27 million — $6 million of that attributed to lost revenue from Arden's cancellation alone. He also alleged that Reid and Cowboy Junkies broke radius clauses, which prevented the former from playing within 500 km of Hamilton from May 30 to November 26, and the latter from playing within 150 km of Hamilton within 90 days of the festival.
At the time of the initial lawsuit, the Rheostatics, the Killjoys and Jeremy Fisher were still awaiting payment, while stagehands and technicians were also owed funds.