Father of Old Montreal fire victim launches $22M lawsuit
A father of one of the seven victims of the deadly Old Montreal fire is suing Airbnb and the owner of the building that burned down for $22 million.
A class-action request was filed Friday in Superior Court in Montreal by Randy Sears, whose 35-year-old son, Nathan Sears, perished in the March 16 fire. The request has not yet been authorized by a judge.
The application names the building's owner, Montreal-based lawyer Emile Benamor, and Airbnb as defendants. Another defendant listed is Tariq Hasan, who operated "illegal short-term rentals" in the building, according to the lawsuit.
Sears, who resides in New Brunswick, described his son in the lawsuit as a "husband, son, and brother" who was renting an Airbnb unit in the building that went up in flames. The Toronto-based academic, who held a PhD in political science, was visiting the city to attend the International Studies Association conference.
The lawsuit draws on media reports in the days after the fire that quoted survivors and former renters who had raised several concerns about the safety of the building, including claims that at least one unit had no windows and a single exit.
The application alleges the defendants' behaviour "demonstrated that they were more concerned with generating income for themselves than about ensuring the safety and health" of the people who lived in the building, and that the defendants' violations "were grossly negligent and dangerous."
None of the allegations have been proven in court.
Sears is suing the defendants for punitive damages "for the unlawful interference with the Class members' rights to personal security and dignity" under the Charter of Rights and Freedoms, according to the lawsuit.
Among the seven victims of a deadly fire in Old Montreal on March 16, 2023, are a neuroscientist, a renowned photographer and two teenagers from the Greater Montreal Area. (CTV News)
The application requests the damages be shared among the people who lived in the building at the time of the fire, as well as their estates and family members.
The document alleges Benamor "failed and neglected to ensure that the building and the rental units met municipal property standards, zoning bylaws, fire safety regulations and local buildings codes."
It also points the finger at Hasan, who allegedly failed to ensure "the rental units he listed on Airbnb" complied with safety standards.
In a lengthy interview with CTV News on March 23, Benamor's lawyer, Alexandre Bergevin, acknowledged that Hasan was renting units to people, but said his client was trying to shut him down. He said two notices were sent to Hasan in August of last year but the listings stayed up.
One former tenant of the building told CTV News that Benamor allowed the operation to continue.
"No, no, that's completely false. I didn't see any evidence. I see only evidence against the assertion," Bergevin said at the time.
Bergevin did not respond to a request for comment on Friday.
Hasan's lawyer, Alexandre Romano, declined to comment.
Airbnb reiterated a previous statement sent to CTV about the fire: "Our hearts go out to the victims of this tragedy, and to their families and loved ones. We are providing our support to those affected, and we are assisting law enforcement as they investigate."
Airbnb permitted unauthorized listings on its platform, according to the lawsuit, which also alleged the multinational company failed to require its hosts obtained the necessary housing permit from the province.
Since the fatal fire, Airbnb announced stricter rules for its hosts in Quebec, including the requirement that they prominently show a permit number provided by the Quebec government on the online listing.
However, some Airbnb hosts already appear to be skirting the new rules, with several listings in the Montreal area simply using "123456" as the permit number.
The Montreal police arson squad is leading the investigation into the deadly fire. The investigation is ongoing and no charges have been laid.
CTVNews.ca Top Stories
Doctors say capital gains tax changes will jeopardize their retirement. Is that true?
The Canadian Medical Association asserts the Liberals' proposed changes to capital gains taxation will put doctors' retirement savings in jeopardy, but some financial experts insist incorporated professionals are not as doomed as they say they are.
Something in the water? Canadian family latest to spot elusive 'Loch Ness Monster'
For centuries, people have wondered what, if anything, might be lurking beneath the surface of Loch Ness in Scotland. When Canadian couple Parry Malm and Shannon Wiseman visited the Scottish highlands earlier this month with their two children, they didn’t expect to become part of the mystery.
Fair in Ontario, flurries in Labrador: Weather systems make for an erratic spring
It's no secret that spring can be a tumultuous time for Canadian weather, and as an unseasonably mild El Nino winter gives way to summer, there's bound to be a few swings in temperature that seem out of the ordinary. From Ontario to the Atlantic, though, this week is about to feel a little erratic.
What do weight loss drugs mean for a diet industry built on eating less and exercising more?
Recent injected drugs like Wegovy and its predecessor, the diabetes medication Ozempic, are reshaping the health and fitness industries.
He replaced Mickey Mantle. Now baseball's oldest living major leaguer is turning 100
The oldest living former major leaguer, Art Schallock turns 100 on Thursday and is being celebrated in the Bay Area and beyond as the milestone approaches.
What a urologist wants you to know about male infertility
When opposite sex couples are trying and failing to get pregnant, the attention often focuses on the woman. That’s not always the case.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Made-in-Newfoundland vodka claims top prize at worldwide competition
A Newfoundland-made vodka has been named one of the world’s best by judges at this year’s World Vodka Awards.