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
Harvey Weinstein's 2020 rape conviction overturned by N.Y. appeals court
New York's highest court on Thursday overturned Harvey Weinstein's 2020 rape conviction, reversing a landmark ruling of the #MeToo era in determining the trial judge improperly allowed women to testify about allegations against the ex-movie mogul that weren't part of the case.
BREAKING Honda to get up to $5B in govt help for EV battery, assembly plants
Honda is set to build an electric vehicle battery plant next to its Alliston, Ont., assembly plant, which it is retooling to produce fully electric vehicles, all part of a $15-billion project that is expected to include up to $5 billion in public money.
MPP Sarah Jama asked to leave Ontario legislature for wearing keffiyeh
MPP Sarah Jama was asked to leave the Legislative Assembly of Ontario by House Speaker Ted Arnott on Thursday for wearing a keffiyeh, a garment that is banned at Queen’s Park.
CTE: Researchers believe widespread brain injury may contribute to veteran suicide rate
Researchers are working to better understand if some Canadian military veterans may be suffering from Chronic Traumatic Encephalopathy, also known as CTE -- a disorder previously found in the brains of professional football and hockey players after their death.
1 arrested in northern Alberta during public shelter order
Residents of John D'Or Prairie, a community on the Little Red River Cree Nation in northern Alberta, were told to take shelter Thursday morning during a police operation.
Secret $70M Lotto Max winners break their silence
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
Remains from a mother-daughter cold case were found nearly 24 years later, after a deathbed confession from the suspect
A West Virginia father is getting some sense of closure after authorities found the remains of his young daughter and her mother following a deathbed confession from the man believed to have fatally shot them nearly two decades ago.
New deep-water channel allows first ship to pass Key bridge wreckage in Baltimore
The first cargo ship passed through a newly opened deep-water channel in Baltimore on Thursday after being stuck in the harbor since the Francis Scott Key Bridge collapsed four weeks ago, halting most maritime traffic through the city's port.
First in Canada procedure performed at London, Ont. hospital
A London man has become the first person in Canada to receive a robotic assisted surgery on his spine. Dave Myeh suffered from debilitating, chronic back pain that led to sciatica in his right now and extreme pain in his lower back.