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 Ware香蕉视频直播檚 lawsuit against Airbnb meets the test as a class action on behalf of consumers who paid fees or commissions when booking accommodations.
Ware香蕉视频直播檚 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.
McDonald香蕉视频直播檚 ruling says Airbnb and several related companies claimed Ware香蕉视频直播檚 lawsuit was an 香蕉视频直播渁buse of process香蕉视频直播� and part of a 香蕉视频直播渟eries of repeated, piecemeal attacks香蕉视频直播� on the legality of the company香蕉视频直播檚 fees charged to users.
The legal action applies to all those who made a reservation with Airbnb in Canada and outside Canada 香蕉视频直播� excluding those in the United States 香蕉视频直播� for accommodations in British Columbia.
Airbnb did not immediately respond to a request for comment on the ruling, and McDonald香蕉视频直播檚 decision says the company has not filed a response to Ware香蕉视频直播檚 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 香蕉视频直播渙nly overlap香蕉视频直播� was that the company was 香蕉视频直播測et again香蕉视频直播� being sued for the alleged improper collection of fees.
McDonald香蕉视频直播檚 ruling says Airbnb also wanted the lawsuit heard in California rather than British Columbia, but the judge found the company offered 香蕉视频直播渘o meaningful evidence香蕉视频直播� about why the case shouldn香蕉视频直播檛 be litigated in the province.
McDonald found the plaintiff 香蕉视频直播渉as shown a good arguable case香蕉视频直播� that, if proven, could open Airbnb up to damages under the province香蕉视频直播檚 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.
