The resolution will be 'No' if it never crosses $500 by EoY, which is different than cancelling the bet. The metrics the host has chosen are legitimate, and we can't nullify it because someone 'said they saw it'. Think about a court room where you have a murder victim with a suspect but no murder weapon. The suspect goes free unless proven guilty. The same thing applies here. We have no concrete evidence to resolve "Yes". Likewise, we can't just 'end his trial' without hearing all evidence. In this case, Bitcoin is below $500 (as evidenced right now). Therefore there will be an outcome here unless Bitpay shuts down.
I am sorry as you may be correct. But we cannot pick your side without seeing valid proof, or it will seem unfair from the other side (those 'who never saw it go above $500 - no way!')
Adam