Owner of buildings in 2 deadly Old Montreal fires fined for safety code violation

Firefighters stand next to a building in Old Montreal on Saturday, Oct., 5, 2024. A fire that tore through a century-old building in Old Montreal killed at least two people and forced dozens of others out of the area, city police confirmed Saturday as they continued to probe what caused the building to catch alight. THE CANADIAN PRESS/Graham Hughes

The owner of two Old Montreal buildings that burned down in 2023 and 2024, killing nine people, has been convicted for violating the fire safety code at another one of his residential buildings.

Emile Benamor, a lawyer and landlord who owns several buildings in Montreal, was found guilty on June 19 of failing to maintain a clear path to the emergency exit at 2321 De Hampton Ave., in the city’s Notre-Dame-de-Grâce neighbourhood.

According to the judgment from the municipal court, two fire inspectors visited the three-storey apartment building for an inspection on March 23, 2023. They noted that, in one unit, one door leading outside had no handle. A door in another apartment had been held together by a chain and adhesive tape.

When the inspector forced their way in, the tape was so dry that it cracked into pieces

The building was sold to Benamor in 2020. The city took him to court after the inspection and a judge found him guilty of violating section 8 of the fire safety code.

Justice Johanne Duplessis said maintaining exits and ensuring they are clear of obstructions helps occupants get out safely during an emergency.

“The risk of serious harm resulting from these breaches is high in the event of a fire, as they jeopardize the safety and lives of residents,” the judge wrote.

Landlord plans to appeal judge’s decision

Reached for comment on Wednesday, Benamor’s lawyer, Germain Caponi-Champagne, told CTV News that the door that was missing a handle was broken by the tenant, and that the tape that was installed on the door in the other unit was installed by the tenant.

The court issued a fine of $650 for the violation, plus costs.

He said Benamor intends to file a notice of appeal of the conviction, claiming that there are “some mistakes in law in the judge’s decision.”

He declined to comment further.

In his defence, Benamor told the court that the tenants had refused him access to the units and, because of that, he was unable to observe the deficiencies in the apartment and carry out safety checks.

However, the judge rejected the argument that he exercised reasonable diligence, saying that the claim is not backed up by evidence, and that, given that he’s an experienced landlord, he should have known that he could have contacted Quebec’s housing tribunal (TAL) when he was denied access to the units.

“It is clear from the defendant’s testimony that he never took any concrete steps with the tenants of units 6 and 7, in connection with the Fire Prevention Regulations,” the judge stated.

“[Benamor] could have, for example, explained the regulations to the tenants or asked them for access, in order to ensure compliance with the regulations. Instead, the defendant simply repeated during his testimony before the Tribunal that the tenants were not giving him access, referring to the fact that they refused to sign the rent increase notice, a situation that has nothing to do with safety and fire regulations.

“The defendant took it for granted that if the tenants refused to accept service of documents relating to a rent increase and refused him entry at the time of his purchase, the same will apply to everything else.”

Building inspected one week after deadly fire

The building on De Hampton Avenue was inspected one week after the March 16, 2023, deadly fire in Old Montreal that killed seven people. Benamor owned the heritage building at Place d’Youville, where families of the victims reported that there were fire safety concerns.

The father of one of the victims and a former tenant alleged that at least one of the units had no windows or fire escapes, while survivors of the fire have suggested the alarms never went off.

On Oct. 4, 2024, another one of Benamor’s buildings was allegedly set on fire, killing French tourist Léonor Geraudie and her seven-year-old daughter Vérane Reynaud-Geraudie.

Two young men were later arrested.

After the fire, former short-term rental guests who stayed there claimed there were safety issues in the building at 402 Notre-Dame Street.

“The door and the lock felt flimsy in the room. My room also had a smoke detector mount but no smoke detector,” one woman told CTV News at the time.

On Oct. 8, 2024, Benamor’s office was hit by gunfire. Three suspects were later arrested by Montreal police.