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B.C. Supreme Court certifies class-action lawsuit against Airbnb

Suit alleges firm breached consumer protection laws by offering real estate, travel agent services
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The B.C. Supreme Court has certified a class-action lawsuit against Airbnb that alleges the short-term rental company has breached provincial consumer protection laws by offering unlicensed real estate brokerage and travel agent services. A sign indicating Airbnb rentals are not permitted is seen at the entrance to a condo tower, in Vancouver, on Nov. 23, 2023. THE CANADIAN PRESS/Darryl Dyck

The B.C. Supreme Court has certified a class-action lawsuit against Airbnb that alleges the short-term rental company has breached provincial consumer protection laws by offering unlicensed real estate brokerage and travel agent services.

Justice Elizabeth McDonald says in a decision posted online Thursday that lead plaintiff Margot Ware91裸聊视频檚 lawsuit against Airbnb meets the test as a class action on behalf of consumers who paid fees or commissions when booking accommodations.

Ware91裸聊视频檚 lawsuit alleges Airbnb is not licensed anywhere in Canada to provide real estate or travel agent services, nor is it registered as a money services business with the federal government.

McDonald91裸聊视频檚 ruling says Airbnb and several related companies claimed Ware91裸聊视频檚 lawsuit was an 91裸聊视频渁buse of process91裸聊视频 and part of a 91裸聊视频渟eries of repeated, piecemeal attacks91裸聊视频 on the legality of the company91裸聊视频檚 fees charged to users.

The legal action applies to all those who made a reservation with Airbnb in Canada and outside Canada 91裸聊视频 excluding those in the United States 91裸聊视频 for accommodations in British Columbia.

Airbnb did not immediately respond to a request for comment on the ruling, and McDonald91裸聊视频檚 decision says the company has not filed a response to Ware91裸聊视频檚 lawsuit, which was filed in May 2022.

The ruling says the company objected to the lawsuit moving ahead because of overlapping issues with other lawsuits it faced, but McDonald found the 91裸聊视频渙nly overlap91裸聊视频 was that the company was 91裸聊视频測et again91裸聊视频 being sued for the alleged improper collection of fees.

McDonald91裸聊视频檚 ruling says Airbnb also wanted the lawsuit heard in California rather than British Columbia, but the judge found the company offered 91裸聊视频渘o meaningful evidence91裸聊视频 about why the case shouldn91裸聊视频檛 be litigated in the province.

McDonald found the plaintiff 91裸聊视频渉as shown a good arguable case91裸聊视频 that, if proven, could open Airbnb up to damages under the province91裸聊视频檚 Business Practices and Consumer Protection Act.

Ware was described as a B.C resident who used Airbnb's services for leisure travel for years, including a 13-day stay in Penticton in August of 2021 that was specifically noted in the ruling, for which she paid over $7,400. 





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