The owner of the heritage building in Old Montreal whose fire killed seven people in March is filing two lawsuits against the City of Montreal, from which he is demanding $7.6 million.
Émile Benamor’s lawyers claim that municipal regulations relating to heritage properties did not allow him to make modifications or repairs to the building built in 1890. His lawyers filed the appeals last Thursday, a few weeks after the city police Montreal said it found traces of accelerant at the scene of the fire and that the matter had turned into a criminal investigation.
“Due to its heritage status, the building is heavily regulated, as is the work that may be authorized on it. Certain work is completely impossible to carry out, in particular due to the City, which refuses any modification or alteration that would be visible in relation to the original heritage construction,” indicates the lawsuit.
According to the motion, the building’s door did not meet safety regulations, but since it was more than 100 years old and made of wood several inches thick, its heritage value meant that it could not not be modified or replaced. The suit also alleges that an emergency stairwell leading to the roof and allowing people to access the neighboring building had been dismantled. “Once again, it was impossible for the applicant to modify the staircase in such a way as to satisfy the City and the only solution presented to him was to remove the part giving access to the roof,” we can read in the request of the pursuit.
Mr. Benamor’s suit indicates that no safety inspection of the City had been conducted since February 2019. It also alleges that firefighters did not deploy adequate resources to fight the March 16 fire and that They did not take Mr. Benamor’s remark seriously when he told them a few minutes after the fire started that there were very likely people inside the building.
The owner is also suing city officials, including the mayor, for defamation because of comments they made following the fire. Mayor Valérie Plante’s alleged attempt to link the case to illegal short-term rentals sparked a “witch hunt” against Mr. Benamor, the suit says. “Several statements reported by employees, representatives or agents of the City were false, inaccurate and intended to hold the plaintiff responsible for the events, including the resulting injuries and deaths,” we can read in the court document .
Other lawsuits
Meanwhile, the parents and younger brother of Charlie Lacroix, an 18-year-old victim of the fire, filed a $1.5 million lawsuit on Friday against Mr. Benamor, the City of Montreal and a man who operated short-term rentals in the building. The petition argues that the death occurred due to gross negligence on the part of the accused parties. “The fire and Charlie’s death will leave an indelible mark on the hearts of each of the plaintiffs, who will have to live every day with the sudden and unexpected loss of a loved one,” the lawsuit reads.
For its part, the City of Montreal refused to comment on any of these lawsuits.
Besides Mme Lacroix, the other victims were Camille Maheux, 76; A Wu, 31 years old; Dania Zafar, 31 years old; Saniya Khan, 31; Nathan Sears, 35; and Walid Belkahla, 18 years old. Ms. Maheux had resided in the building for a long time; the rest were staying in short-term rentals.
In March, Mr. Sears’ father filed a $22 million class-action lawsuit against Mr. Benamor, the short-term rental platform Airbnb, and the man who operated rentals in the building. The class action, filed on behalf of the families and estates of all the fire victims, has not been approved, and one of the lawyers involved in the case said certification would not be likely before summer 2024.
The coroner’s inquest is suspended until the conclusion of the police investigation and any possible criminal trial.