CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Jurisdiction

Law360 Canada ( May 29, 2026, 9:40 AM EDT) -- Appeal by appellants of dismissal of its jurisdictional challenge and certification order as a class proceeding. The appellants, along with other affiliates, were part of the Airbnb group of companies. The companies operated a platform (the Airbnb Platform) that allowed travellers (Guests) to connect with individuals who had accommodations to offer for rent (Owners). Owners and Guests contracted with an Airbnb entity for use of the Airbnb Platform pursuant to Airbnb’s terms of service. Airbnb charged a fee to Guests who reserved accommodation through the Airbnb Platform (the Travellers Service Fees). While Airbnb also charged a fee to Owners for each reservation, it was the Travellers Service Fees that were in issue in this action. The core of the respondent’s claim was that the appellants operated as real estate agents, travel agents, and/or money services businesses without obtaining the licence or registration required by the statutes regulating these activities. She pleaded causes of action in unjust enrichment, breach of provincial consumer protection statutes, and breach of contract. The respondent’s application to certify the action as a class proceeding was heard at the same time as the application of two of the appellants, Airbnb, Inc. and Airbnb Canada Inc. (Airbnb Canada), to dismiss the claim against them on jurisdictional grounds. The chambers judge dismissed the jurisdictional applications and certified the action as a class proceeding. The appellants appealed both the dismissal of the jurisdictional challenges and the certification of the action as a class proceeding....
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