Ware v. Airbnb, Inc.
Margot Ware
Law Firm / Organization
Hammerco Lawyers LLP
Law Firm / Organization
Not Specified
Lawyer(s)

S. Lin

Airbnb Inc.
Law Firm / Organization
Torys LLP
Airbnb Travel, LLC
Law Firm / Organization
Torys LLP
Airbnb Stays Inc.
Law Firm / Organization
Torys LLP
Airbnb Ireland Unlimited Company
Law Firm / Organization
Torys LLP
Airbnb Global Services Limited
Law Firm / Organization
Torys LLP
Airbnb Payments UK Limited
Law Firm / Organization
Torys LLP
Airbnb Canada Inc.
Law Firm / Organization
Torys LLP

Overview:
Margot Ware, the plaintiff, sought to certify a class action against Airbnb and its related entities, alleging violations of consumer protection and licensing laws.

Legal Issues and Claims:
The plaintiff alleged that Airbnb's operations violated provincial licensing laws under the Real Estate Services Act (RESA), Travel Industry Regulation (TIR), and federal/Quebec money services business (MSB) regulations. She claimed breaches of British Columbia’s Business Practices and Consumer Protection Act (BPCPA), statutory illegality, unjust enrichment, and breach of contract. Airbnb contested these claims, arguing the services did not require licenses under the cited statutes and invoked jurisdictional and procedural challenges.

Court Findings:
The court dismissed Airbnb’s abuse of process and jurisdictional challenges, finding that British Columbia had jurisdiction over the claims. It certified the action as a class proceeding, limited to claims under the BPCPA and accommodations located in British Columbia. However, the court excluded claims under non-British Columbia consumer protection laws for insufficient material facts.

Costs and Award:
The claim against Airbnb Global Services Limited was dismissed by consent, and claims from U.S. residents were stayed. The court reserved costs pending further submissions and granted no monetary award at this stage, as the case focused on certification and procedural determinations.

Conclusion:
The court certified the class action with modifications to the class definition, allowing the claims to proceed on a limited basis.

Supreme Court of British Columbia
S223172
Class actions
Plaintiff