CBC Edition

A year after deadly Old Montreal fire, families remain heartbroke­n, angry

- Sarah Leavitt

"A year later, we still feel shock and disbelief that this has happened and our son has been taken from us," said Randy Sears.

Sitting next to his wife Beth in their New Brunswick home, Sears can't help but get worked up. He says he continues to feel a myriad of emotions.

"Confusion. Anger. Anxi‐ ety."

In the early hours of March 16, 2023, a fire broke out at a heritage building in Old Montreal.

Flames quickly spread, ex‐ ploding windows and en‐ gulfing the building in smoke. Of the 22 people in the build‐ ing at the time, seven died : Charlie Lacroix, An Wu, Nathan Sears, Dania Zafar, Camille Maheux, Saniya Khan and Walid Belkalha.

Six of them were staying in illegal Airbnbs at the time, including Nathan.

"Our life has been left with a gaping hole and a hole that will never really be filled," said Randy Sears.

Now though, he says, there's even more to be an‐ gry and frustrated about.

"It's a comedy of errors," Randy says, of the ongoing criminal investigat­ion into the fire, and what he feels is the lack of accountabi­lity of various parties, including Airbnb, the building owner and the City of Montreal.

He's not alone. Other fam‐ ilies and survivors feel an‐ swers are lacking as they continue to deal with the repercussi­ons of that morn‐ ing.

Criminal investigat­ion ongoing, no charges laid

Montreal police won't comment on the specifics of the case, citing the ongoing investigat­ion.

"We send all our sympa‐ thies to the families," Insp. David Shane told RadioCanad­a.

"We are following all pos‐ sible leads in this case. We understand that it's long. We know that for the families it's an eternity but we are work‐ ing our hardest."

In August though, the case was transferre­d to the major crimes unit, with the police saying they believe the fire was intentiona­lly set.

"We are now talking about a criminal investigat­ion," Shane, said at the time.

Although no suspect has been formally identified, Radio-Canada learned con‐ victed murderer Denis Bégin is considered the primary one by police.

Bégin is currently serving a life sentence for a murder on Halloween night in 1993.

But in February 2019, he escaped from a minimum-se‐ curity federal prison and was on the lam for four years.

He was arrested after a vehicle tied to him was spot‐ ted on surveillan­ce camera on the night of the deadly fire near the building.

"I mean, how can that happen?" Randy asks.

For Beth Sears, it's how families are getting updates that upsets her most.

"It's upsetting when we receive emails or calls from people that we know, friends that live in other places, and they have seen an article in a newspaper that we haven't seen," she says.

"They have informatio­n that we don't know because no one calls us to tell us and that's where we get our infor‐ mation. It blindsides us when that happens."

Zafar Mahmood is equally incredulou­s. He lost his 31year-old daughter, Dania Zafar, in the fire.

"A year has passed. Noth‐ ing has happened so far," he says from his home in La‐ hore, Pakistan.

He says his life has changed immeasurab­ly since the fire. Ordinary things that used to bring him joy, like lis‐ tening to Indian 80s music, or watching cricket, no longer do. Every other day, he visits his daughter's grave.

"I just sit there and just close my eyes and think Da‐ nia's with me," he says.

"When the cool breeze blows, I think it's Dania's touch."

Several lawsuits are pro‐ ceeding

Two weeks after the fire, the Sears family applied to file a class-action lawsuit tar‐ geting the building's owner, Emile Benamor; the tenant who was running the shortterm rental units, Tariq Hasan; and Airbnb. The law‐ suit claimed all three were negligent.

CBC reached out to Hasan and to Benamor's lawyer for comment. Neither respon‐ ded.

In October, the class ac‐ tion was switched to a civil action under joinder, which brings all similar claims to‐ gether into one proceeding. The City of Montreal was ad‐ ded to the suit.

Airbnb expressed a desire to settle, and was therefore dropped from the suit. Nego‐ tiations continue in the hopes of coming to a settle‐ ment agreement.

The company refused to comment, citing the ongoing litigation.

For the families of the vic‐ tims and survivors involved in the suit, it's not just about finding a culprit.

Benjamin Magid had booked an Airbnb in the building with his then-girl‐ friend Marie Shaughness­y on a trip to Montreal.

When the fire broke out, Magid woke up to smoke bil‐ lowing through the unit's door. Three of the four win‐ dows were glued shut, but they managed to make it out through the fourth window, jumping to a fire escape and then to the ground.

"Probably the most lasting scar I think I have from that day is the survivor's guilt," Magid says from his home in New York City.

WATCH | Families speak of their lasting confusion and anger a year later:

Shaughness­y agrees and says she avoids any news about the fire unless her family or friends read it first and relay the main points. She says hearing news about those who died really hurts.

She is still recovering from that morning.

"In the weeks and months afterwards I had this kind of constant state of fear and of just uncertaint­y," she says.

"Everything was scary to me, like, everything could be a dangerous situation."

The two have joined the lawsuit alongside the Sears and Mahmood, along with others.

"I think it's the best way that I can stand up for what is, or stand against, an obvi‐

ous wrongdoing from a num‐ ber of actors, and stand alongside those family mem‐ bers who have experience­d loss," Magid says.

Another lawsuit is also proceeding, by the family of Charlie Lacroix, against the City of Montreal and building owner Benamor.

WATCH | Drone footage of fire scene:

Answers needed, Mon‐ treal mayor says

Montreal Mayor Valérie Plante understand­s the frus‐ trations of the families.

"There has to be answers for the families, but also for Montrealer­s," she says.

"It's been a year and I can understand they're like, 'What's happening? Is there going to be arrests? What are the conclusion­s?'"

Plante says she's spoken with Montreal's police chief, who has assured her the case is a priority.

For Randy Sears, concrete answers and changes, from all he thinks are involved, in‐ cluding the city, are neces‐ sary.

"It probably won't allevi‐ ate our emotions until there's some type of culminatio­n to this," he says.

In the Sears' home is a framed Canadian flag. It was flown at half-mast in Nathan's honour at the Cana‐ dian Armed Force station in Erbil in Northern Iraq in April last year.

On top of being an acade‐ mic focused on existentia­l risk, he was also an intelli‐ gence analyst for the Canadi‐ an Security Intelligen­ce Ser‐ vice, a fact the Sears only learned after his death.

"He learned through his intelligen­ce that there was an imminent attack by terrorist groups," Randy says.

"He saved Canadian lives and Iraqi lives, and we have that [flag] at our home. We learned so much about our son following his death."

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