The father of one of the victims of the Old Montreal fire that killed seven has just filed a class action worth more than $22 million against the lawyer who owns the building, a contractor who rented units there , but also against Airbnb for allowing illegal rentals that led to this tragedy.
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“Their behavior demonstrates that they were more concerned with generating revenue than ensuring health and safety [des personnes dans l’immeuble]says Randy Sears in his class action request filed this morning at the Montreal courthouse.
Mr. Sears, a resident of New Brunswick, is the father of Nathan Sears, a 35-year-old doctoral student who died in the fatal fire that occurred on March 16 in Old Montreal.
Tragic deaths
That day, Nathan Sears, a political scientist, was in the metropolis for an international studies conference. And for accommodation, he had chosen the Airbnb platform, which had led him to this building belonging to the lawyer Emile Benamor.
Except that a devastating fire occurred early in the morning, when 22 people were inside. Six people were able to flee in time, while nine others suffered injuries. Except that rooms had no windows, and seven people, including Nathan Sears, perished in the fire.
“Nathan Sears was a husband, a son, a brother,” his father lamented in the court document.
And for the latter, people must be held responsible for this tragedy, starting with the owner of the building.
” [Me Benamor] has failed in its obligation to ensure that the rented units meet minimum health and safety rules […]including the Building Code as well as the rules regarding the risk of fire, ”we can read in the court document.
Airbnb also targeted
The lawyer is also accused of having allowed Airbnb rentals there, when he “knew or should have known” that it was illegal in this area.
The class action request also targets Tarik Hassan, who was allegedly negligent in renting units in the building, is added in the civil suit. Airbnb, for its part, is accused of not having carried out any verification to find out if the places were safe, or even to ensure the legality of the ad that appeared on its platform.
Mr. Sears claims $22 million from them, to be shared between the people who were in the building, as well as their estate [pour les défunts] and families. But he also claims an additional amount, which has not been quantified, as compensatory damages.
The request will soon be presented to a Superior Court judge, who will decide whether to allow the class action to proceed.