Father of Old Montreal fire victim launches $22M lawsuit
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.
The @CU_NPSIA community is greatly saddened to hear about the loss of Nathan Sears. We extend our deepest sympathies to his family and friends.
— NPSIA at Carleton University (@CU_NPSIA) March 29, 2023
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.
NDP Leader Jagmeet Singh is pushing for special rapporteur David Johnston to 'step aside' from his role examining the issue of foreign interference before he embarks on public hearings.
New Democrat MP Jenny Kwan said Monday that Canada's spy agency has confirmed her long-held belief she is being targeted by the Chinese government, as the prime minister granted the NDP's wish to allow more party members to review top-secret intelligence.
William Karlsson, William Carrier and Jonathan Marchessault are finally getting another chance in the Stanley Cup Final, after the first one that came so quick for the Vegas Golden Knights.
Eastern Conference finals Most Valuable Player Jimmy Butler scored 28 points, and Caleb Martin had 26 points and 10 rebounds to help the eighth-seeded Miami Heat beat the Celtics 103-84 in Game 7 on Monday night and advance to the NBA Finals for the second time in four seasons.
Canadian political leaders and parliamentarians are denouncing a new law passed in Uganda that imposes harsh penalties, including the death penalty, for certain cases involving homosexuality.
There's a heightened risk of wildfires across the country during what has been one of the earliest fire seasons on record. From British Columbia to Nova Scotia, here's where the risk is highest.
New research from Penn State University found certain factors can contribute to reducing what’s known as the 'urban heat island' effect, and that climate knowledge can contribute to better city planning and design.
The body of a Winnipeg boy who fell into Sturgeon Falls on Saturday has been found following a desperate underwater search that lasted more than a day.
One long-time electoral tradition came to an end on election day, when Postmedia announced there would be no printed newspaper announcing the winner in Calgary.
The rural Oxford County intersection where an OPP officer and a school bus driver were killed Monday was less than a month away from becoming a four-way stop when the deadly crash happened.
It was a night of indecision at Waterloo region's catholic school board as trustees went back and forth trying to find the best approach to fill a vacant seat.
On Monday, Fraser Health provided two senior leaders to address the latest letter outlining risks to patients, allegations of muzzling, and pleas for help from emergency physicians in the health authority's hospitals.
The president of the BC Trucking Association is issuing renewed calls for safety after a trailer truck smashed into an overhead pass Monday morning in Langley.
Over 170,000 elementary and high school students weighed in on the Alberta election and the NDP had to hope the real voters were listening, because they won the kids' vote.
Windsor city council voted Monday in favour of adopting a master plan with high hopes for City Hall Square and a so-called civic esplanade stretching down to the river
A united front was on full display Monday as community leaders, politicians, business people, unions and educators gathered together at Windsor City Hall to ensure the NextStar Energy battery plant deal gets closed.
Doctors in their final year of training, called residency, can choose to do a one-month rotation at the Shelter Health Initiative (SHI) caring for Windsor’s homeless population.
The first twister of 2023 in the country touched down near Regina over the weekend, according to an analysis from the Northern Tornadoes Project (NTP).
One person from Estevan, Sask. is dead and another is seriously injured following a collision between a pickup truck and a motorcycle on May 28 near Fortuna, North Dakota.
The Sandy Hill Child Care Centre has an extra two weeks to get its new home up to code months after a fire destroyed its original site on Wilbrod Street.
Ottawa police are praising a local dad for quickly calling for help Sunday afternoon when he accidentally locked his keys in his car, and his infant child along with them.
Ontario Provincial Police say a driver from Augusta Township is facing an impaired driving charge after someone on Highway 416 spotted a vehicle moving erratically.
In a province where there are vast distances between cities and towns, one local group is hoping to get public support for an idea to bridge those gaps with a rail line.
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)
