Fatal fire in Old Montreal: The owner sues his insurers

The owner of the burned building where seven people died in Old Montreal files a lawsuit for more than $2.8 million against his insurers, who refuse to compensate him because he rented accommodation on the platform Airbnb.

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“The termination of the insurance policy was not justified and only increased the financial damage already suffered,” we can read in the document made public this Thursday at the Montreal courthouse.

Since the fatal fire in March 2023, M^e Émile Benamor says he accumulates costs, “in particular those related to the installation of a fence around the building and to securing the premises in general.”

On the evening of the tragedy, 22 people were in the building which had been described as a “fire trap”. An individual started a fire there, possibly following a conflict between a pimp and a client according to our Investigation Office.

Airbnb Rentals

Following the fire, M^e Benamor says he contacted his insurance companies but after a few months, he was told that his insurance was canceled for having hidden that several accommodations were rented via Airbnb, and for having hidden charges under the Tax Act.

“The reasons given […] are not justified and demonstrate the intention, barely veiled, to use any pretext to refuse compensation,” indicates M^e Benamor in the court document.

Affirming that the insurers “could and should have asked questions on this subject”, he asked the court to force the insurance companies to pay him by deploring their “cavalier and reckless attitude”, especially since his insurance also covered his main residence. It targets the Underwriters of Lloyd’s, La Souveraine, as well as the Aviva, Temple, and finally Totten groups.

Multiple prosecutions

The lawyer will soon present his suit before a judge of the Superior Court of Quebec. At the same time, M^e Benamor is suing the City of Montreal for $7.5 million, due to strict heritage rules, according to him, which allegedly contributed to the severity of the blaze.

A $1.5 million lawsuit was also filed by the victims’ relatives, which targets both the City and M^e Benamor.

In parallel, M^e Benamor is still under police investigation to determine whether there was criminal negligence on his part.

According to information collected by our Bureau of Investigation, the police submitted the file to the Crown, who considered that the evidence was not sufficient to justify charges at this stage.

Another criminal investigation, this time into the author of the fire, is stalling due to certain police blunders according to our information. The main suspect is Denis Bégin, a murderer who had escaped from prison and who was apparently seen near the building on the evening of the tragedy.

– With the collaboration of Marc Sandreschi