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Toronto landlord launches $1.6M lawsuit after city gave stranger approval to rent her condo on Airbnb

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A Toronto landlord is suing her former tenant, the tenant’s boyfriend, the City of Toronto and Airbnb, after her downtown condominium was rented out on the short-term rental platform for months without her knowledge or consent.

The statement of claim, filed on behalf of Allison Rasquinha in Ontario Superior Court of Justice on June 22, says Michele Nicole Carter and Jose Cornejo Kelly registered Rasquinha’s studio condo on Adelaide Street West with the city for short-term rental without authorization and rented it out dozens of times on Airbnb in violation of the condo corporation’s rules.

It accuses Airbnb and the city of facilitating the registration and rental of the unit, claiming both neglected their responsibilities to verify whether Carter and Cornejo Kelly had the legal right to rent out the property on a short-term basis.

“[My condo] is my most valuable possession. It’s near and dear to my heart,” Rasquinha said in an interview with CBC.

“It’s a terrible feeling to see something that you love be weaponized for profit and gain that you weren’t even aware of.”

The lawsuit seeks $1.6 million in damages from the four defendants for financial losses and mental anguish, among other harms. The allegations haven’t been proven in court and none of the defendants has filed a statement of defence yet.

Multiple attempts to contact Carter and Cornejo Kelly by phone, email and at a Hamilton, Ont., home registered to owners with the same names were unsuccessful.

A seven-storey condo building.
Rasquinha’s condo is in a building on Adelaide Street West. (Ryan Patrick Jones/CBC)

According to the statement of claim, Rasquinha entered into a one-year lease agreement with Carter that began on July 1, 2022.

The agreement, viewed by CBC Toronto, prohibits tenants from subleasing the property without written permission from the landlord and compels them to abide by the condo corporation’s declaration. The declaration, also viewed by CBC, forbids renting out residential units for less than a year.

Two weeks after the lease took effect, the city issued a short-term rental registration for the unit to Jose Cornejo Kelly, according to the claim and a document obtained by Rasquinha through a freedom of information request.

CBC Toronto previously reported that Carter said Cornejo Kelly lived in the unit with her, although his name wasn’t on the lease. Rasquinha said she had never met him and she was never informed that he’d moved in.

Property rented ‘at least 30 times,’ lawsuit says

The claim alleges Carter and Cornejo Kelly listed the unit on Airbnb between July 14, 2022, and April 2, 2023.

“The property listing has over 30 reviews and as such, it is evident that it has been rented at least 30 times during the duration of the listing,” the lawsuit says.

Rasquinha confronted Carter in February after learning from the building’s security team that she may have been running an unauthorized Airbnb business, but Carter denied knowing anything about it, according to the suit and emails viewed by CBC Toronto.

In March, Rasquinha located a listing for her unit on Airbnb, according to screenshots of the listing, and she contacted the tenants, the city and Airbnb in an attempt to bring the situation to an end.

Suit alleges breach of contract, unjust enrichment

Rasquinha’s lawsuit alleges Carter and Cornejo Kelly breached the terms of the lease by registering and listing the unit for short-term rental. It also accuses them of unjustly enriching themselves by receiving payments from short-term rental customers.

When Carter and Cornejo Kelly spoke to CBC Toronto in May, Carter said she rented out the condo on Airbnb on occasion when she was out of town.

At that time, Carter said she and Cornejo Kelly were unaware that short-term rentals weren’t allowed at the building because even though the condo rules were referenced in the lease agreement, Rasquinha had not provided her with a copy of the declaration.

Both Carter and Cornejo Kelly said they took down the listing when Rasquina told them it wasn’t allowed.

A screenshot of the Airbnb listing.
A screenshot shows one of the Airbnb listings for Rasquinha’s condo. (Submitted by Allison Rasquinha)

‘Everyone had a financial gain’ except property owner, lawyer says

Mirielle Dahab, Rasquinha’s lawyer, said the crux of the claim is that all of the defendants benefited financially through the wrongful renting out of the unit.

Airbnb collects service fees from both guests and hosts for all accommodations booked through its platform, according to its website. Meanwhile, the city collects a $53 fee from those who register their units for short-term rental and charges a six per cent municipal accommodation tax on all short-term rental revenues.

“Everyone had a financial gain” except Rasquinha, said Dahab. “Whether it’s the city with their rental taxes, whether it’s Airbnb with their profit margins … and then obviously the two individuals.”

Dahab argued that Carter and Kelly had an obligation to abide by the condo corporation’s rules, whether they received a physical copy of the condo’s declaration or not.

“When you’re agreeing to the terms of a contract or rules … the onus is on you to make sure that you’re complying with them,” she said. “If you don’t know what they are, ask for them.”

 

Airbnb hosts vs. renters: a tough conversation about the housing crisis

 

Many Canadians are struggling to find housing, but are short-term rentals part of the problem? The National brings together landlords who have turned to Airbnb and long-term renters who feel like they’re being crushed by soaring rent prices and the shrinking availability of rental properties.

Airbnb, city accused of negligence

The lawsuit accuses Airbnb of negligence for facilitating through its online platform the advertisement, rental and payment for short-term rental of the unit, arguing the company has a responsibility to ensure that all listings posted on its platform are valid and authorized by the property owners.

It also accuses Airbnb of failing to promptly remove the listing for Rasquinha’s unit from its platform after she informed the company of its “fraudulent nature” in March.

Airbnb took down the listing on April 16 after its customer service team followed up with the host about ownership of the condo.

The company said in a statement the host is no longer hosting on the platform, but didn’t specifically address the claims in Rasquinha’s lawsuit.

The lawsuit also accuses the city of negligence, arguing it did not conduct any background checks to confirm whether Carter and Cornejo Kelly were authorized to rent it out or whether the condo corporation allowed short-term rentals.

A spokesperson for the City of Toronto said in an email it wouldn’t comment on the allegations in Rasquinha’s lawsuit because the matter is before the courts.

Generally, the city said to register a unit for short-term rental on Airbnb, hosts only have to prove it’s their “principal residence” using an Ontario driver’s licence or Ontario photo card. The city said some applications are approved automatically, while others require additional review or a property inspection.

Rasquinha said the city should be doing more to vet people who apply for short-term rental registration.

In an email viewed by CBC Toronto, a city employee told Rasquinha the city doesn’t have the resources to verify that those who apply for short-term rental registration are authorized to do so or whether short-term rentals are authorized at the building before they approve registrations.

“If they are going to launch a regulation service and take fees and take taxes from short-term rentals, they have a duty of care to the citizens of Toronto to be doing a good job on handing out these licenses like they’re not candy,” Rasquinha said.

The city said in its statement it’s the responsibility of building property managers to inform the city of any condo corporation rules around short-term rentals, and that it’s the responsibility of the owner or tenant to follow them.

 

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Everything is warmups for the New York Yankees until they get to the World Series

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NEW YORK (AP) — For the New York Yankees, the real opening day is World Series Game 1.

A little bubbly for a playoff berth, the AL East, the Division Series and their 41st pennant were just warmups.

World Series rings are the only numbers that count when you are measured not among the living but against the ghosts: Yogi, Joltin’ Joe, the Iron Horse, the Babe and the Mick.

“That’s why we’re here. That’s why I get up every single day. That’s why I put in the work not only at the field but in the offseason, is to just bring a championship home back to the city and back to this team,” Yankees captain Aaron Judge said when spring training started in February.

“It’s been quite a long time since we’ve got to that finish line,” he added, “but I think a lot of the guys and pieces that we’ve added into this room, especially a couple of changes we made in approaches, guys we brought in, it’s all going to push us towards the right direction, which is ultimately being the last team standing.”

The Yankees are in the World Series for the first time since winning title No. 27 in 2009, starting Friday at the Los Angeles Dodgers or in the Bronx against the New York Mets.

A core in its 30s covets a championship as validation as much as accomplishment. Giancarlo Stanton is in his 15th major league season, Gerrit Cole his 12th and Judge his ninth.

Stanton has been restrained in his assessment.

“As far as I’m concerned, we haven’t done nothing,” he said after Game 4 against the Guardians.

Stanton’s edge was visible during Saturday night’s celebration when Gleyber Torres handed him the AL championship trophy, saying “Take the baby. Take the baby.” Stanton cradled the prize and rocked it back and forth — an apparent reference to Josh Naylor’s home run celebration when he connected against Cole in the 2022 ALDS.

Baseball’s winningest tradition is in the players’ faces from the day they arrive at Yankee Stadium. Oversized photos of pinstriped greats line the tunnel leading to the clubhouse. The walls of the locker room corridor are filled with paintings of recent luminaries.

Players don’t have to be reminded that Yogi Berra won 10 titles, Joe DiMaggio nine, Babe Ruth and Mickey Mantle seven each (though only four of Ruth’s were with the Yankees), and Lou Gehrig six. Hall of Famers Derek Jeter and Mariano Rivera, both five-time champions, mingled with the current players in August when the 2009 champions were honored on Old-Timers’ Day.

“What makes the Yankees the Yankees is winning and winning a World Series” said Anthony Volpe, a 23-year-old shortstop who is in his second big league season.

The Yankees missed the playoffs last year for the first time since 2016, skidding to an 82-80 record and narrowly avoiding their first losing season since 1992.

Expectations soared after they obtained Juan Soto from San Diego in December, and he set an attitude when he arrived at spring training wearing a T-shirt that proclaimed: “The Generational Juan Soto.” The free-agent-to-be turned to the dugout and pounded his chest after the Yankees’ signature shot of the postseason thus far, his 10th-inning, three-run homer that won their 41st pennant.

A 50-22 start raised confidence but a 10-23 slide from mid-June through late July sparked skepticism. The acquisition of Jazz Chisholm Jr. from Miami ahead of the trade deadline injected some energy, and New York finished an AL-best 94-68, clinching a playoff berth in Game No. 152 and the AL East in No. 159.

Stanton (.294, five homers, 11 RBIs in the postseason), Soto (.333, three, eight), Judge (two homers, six RBIs despite a .161 average) have provided key hits and Torres has reached leading off in eight of nine postseason games.

Bullpen contributors include Tim Hill (signed in June after he was released by the woeful Chicago White Sox), Jake Cousins (purchased from the White Sox in late March), Tim Mayza (signed in July after he was released by Toronto) and Mark Leiter Jr. (a trade-deadline arrival added to the active roster Friday after Ian Hamilton got hurt).

Aaron Boone reminded players in February to be ready no matter their depth chart status.

“I talked to those guys first day of camp,” the manager recalled Saturday. ”’You’re sitting in here right now, you think, ah, I probably won’t be with the big club this year or whatever.’ I’m like, ‘You might find yourself in the batter’s box or on the mound in the biggest moment of the year, so try and prepare that.’

“And then there’s always the X factors of the trade deadline that happens, but even the other moves like getting Tim Hill and Jake Cousins that have become really significant parts of our bullpen that were in a way cast-offs from other organizations. So you never know how it’s all going to shape up.”

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Dodgers finish off Mets with 10-5 win in NLCS and advance to face Yankees in World Series

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LOS ANGELES (AP) — Tommy Edman and Will Smith homered to send Shohei Ohtani into the World Series for the first time, and the Los Angeles Dodgers eliminated the New York Mets with a 10-5 victory in Game 6 of the NL Championship Series on Sunday night.

The Dodgers clinched their record 25th NL pennant and first at home since 1988, when they beat the Mets in seven games. They moved on to their 22nd World Series — 13th in Los Angeles — and first since 2020, when they beat Tampa Bay during the pandemic-delayed season.

Next up for Ohtani and Co. is Aaron Judge and the New York Yankees, who are back in the World Series for the 41st time and first in 15 years. Game 1 is Friday at Dodger Stadium, pitting Judge (58) and Ohtani (54) — MLB’s top home-run hitters this season.

“It’s kind of what the people wanted, what we all wanted,” Dodgers star Mookie Betts said. “It’s going to be a battle of two good teams, a lot of long flights across the country.”

It’ll be the 12th time the storied franchises meet in the World Series and the first in 43 years. The Yankees have beaten the Dodgers eight times, while the Dodgers’ three championships against the Bronx Bombers came in 1955, 1963 and 1981.

“It’s the place that I’ve dreamt of playing all my life,” Ohtani said through a translator, “and to be able to finally come to this stage and be able to play and hopefully win it is my next goal.”

Ohtani, playing his first season with the Dodgers after agreeing to a record-breaking contract in free agency, had two hits and scored two runs in Game 6. He hit .364 with two homers and six RBIs in the NLCS.

Not bad for his first postseason after spending six years with the Los Angeles Angels, who never had a winning record or reached the playoffs during his tenure.

Dodgers reliever Blake Treinen struck out Brandon Nimmo, Mark Vientos and Pete Alonso swinging in the eighth in his first two-inning outing since the 2021 NLCS.

The Dodgers briefly trailed 1-0 before cleanup hitter Edman came up big.

He drove in the Dodgers’ first four runs and his 11 RBIs in the NLCS tied a franchise record set by Corey Seager in 2020 against Atlanta. Edman, who the NLCS MVP award, joined the Dodgers at the July trade deadline from St. Louis.

The Dodgers eliminated the Mets on their second try in the series. They outscored New York 40-26 in the six games. None of the games were close, with the Dodgers earning two shutouts.

The Mets came within two wins of reaching the World Series after a 22-33 start.

The Dodgers led 2-1 in the first on Edman’s double into the left-field corner off Sean Manaea that scored Ohtani and Teoscar Hernández, who both singled. Hernández snapped an 0-for-18 skid in the NLCS. Manaea needed 34 pitches to get through the first.

Facing two strikes in the third, Edman sent a 406-foot shot to left-center for a two-run drive. A walk to Max Muncy and two outs later, Smith homered 416 feet to center off Phil Maton, extending the lead to 6-1.

The Mets cut their deficit to 6-3 in the fourth. With two out, Vientos hit a two-run homer — his fifth of the postseason — off Ryan Brasier. Vientos’ first career grand slam highlighted the Mets’ series-tying win in Game 2 at Dodger Stadium.

New York twice failed to cash in with the bases loaded. Trailing 6-3 in the sixth, Jesse Winker flied out against Evan Phillips to end the inning. Down a run in the third, the Mets loaded the bases against Anthony Banda only for Jeff McNeil to strike out swinging.

A clearly amped Michael Kopech opened the bullpen game for the Dodgers for his first career playoff start. He promptly issued a leadoff walk to Francisco Lindor and then threw a wild pitch. With two outs, Alonso had a two-strike flare to second base and Lindor scored on a throwing error by second baseman Chris Taylor for a 1-0 lead.

The Dodgers, whose starting pitching has been decimated by injuries, used seven pitchers in finishing off the Mets, whose $332 million payroll was the biggest in baseball.

Manaea lasted just two innings, giving up five runs and six hits. The left-hander struck out two and walked two. His revamped delivery baffled the Dodgers in Game 2, when Manaea limited them to two earned runs over five innings, but they had no such trouble Sunday.

Alonso had two hits and drove in a run in what could have been his final game for the Mets. The first baseman is eligible for free agency after the World Series.

The Dodgers, who were eliminated in the Division Series the last two years, spent a combined $1 billion last winter to sign Ohtani and pitcher Yoshinobu Yamamoto to lucrative long-term contracts in hopes of winning the franchise’s eighth World Series title.

The sellout crowd of 52,674 included Tom Hanks, John Legend and Chrissy Teigen, Jamie Foxx, Kerry Washington, Magic Johnson, Rob Lowe, Josh Groban, Jenny McCarthy and Vanessa Bryant.

TRAINER’S ROOM

Dodgers: 1B Freddie Freeman sat out for the third time in the postseason because of his sprained right ankle. He also missed Game 4 of the NLCS and Game 4 of the NLDS.

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New York Liberty win first WNBA championship, beating Minnesota 67-62 in OT

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NEW YORK (AP) — As confetti fell and Frank Sinatra’s “New York, New York” blared through the arena, the New York Liberty celebrated the end of a 27-year odyssey.

The team that always fell short, starting from their days in Madison Square Garden, through detours to Radio City Music Hall and Westchester County Center, finally found their way to the top.

Start spreading the news, indeed: There’s finally a pro basketball champion in New York again after a 67-62 overtime win over Minnesota in Game 5 of the WNBA Finals on Sunday night.

“I’ve been manifesting this moment for awhile, There’s no feeling like it,” Breanna Stewart said. “Credit to Minnesota they gave us a tough series. The fans have been amazing everywhere we’ve gone. To bring a championship to New York, first ever in franchise history it’s an incredible feeling. I can’t wait to continue to celebrate with the city. It’s going to be bonkers.”

Jonquel Jones scored 17 points to lead New York, which was one of the original franchises in the league. The Liberty made the WNBA Finals five times before, losing each one, including last season. This time they wouldn’t be denied, although it took an extra five minutes.

With stars Stewart and Sabrina Ionescu struggling on offense, other players stepped up. Leonie Fiebich started off OT with a 3-pointer, and then Nyara Sabally had a steal for a layup to make it 65-60 and bring the sellout crowd to a frenzied state.

“Whoever scores in overtime first usually wins,” Liberty coach Sandy Brondello said.

Minnesota didn’t score in OT until Kayla McBride hit two free throws with 1:51 left. The Lynx missed all six of their field goal attempts in overtime. After Ionescu missed a shot with 21 seconds left, her 18th miss on 19 shot attempts, the Lynx had one last chance, but Bridget Carleton missed a 3-pointer with 16 seconds left.

Stewart, who missed a free throw with 0.8 seconds left in the end of regulation in Game 1, hit two free throws with 10.1 seconds left in overtime to seal the victory.

As the final seconds ticked off the clock the players hugged and streamers fell from the rafters. Stewart and Jones hugged. The two prize free agent signees two years ago that helped get this team its first title.

New York trailed by two in regulation when Stewart was fouled with 5.2 seconds left. After a lengthy video review, Stewart calmly hit two free throws to tie the game at 60.

Kayla McBride, who finished with 21 points, had an open look for a 3, but it fell off the rim and the game went to OT.

Many of the former Liberty greats were in the audience, including Teresa Weatherspoon, who hit a half-court heave in the 1999 WNBA Finals to force a decisive Game 3 that year. That was the last time that New York had a chance to play in a championship-deciding game until this year.

Jones, who was the only player on the Liberty to compete in a Game 5 before when she was with Connecticut in 2019, earned MVP honors.

“I could never dream of this. You know how many times I’ve been denied. It was delayed. I am so happy to do it here,” she said.

Napheesa Collier scored 22 points to lead Minnesota before fouling out with 13 seconds left in OT.

The Lynx were trying for a record fifth WNBA title, breaking a tie with the Seattle Storm and Houston Comets. Minnesota won four titles from 2011-17 behind the core group of Lindsay Whalen, Seimone Augustus, Rebekkah Brunson, Sylvia Fowles and Maya Moore. That was the team’s last appearance in the WNBA Finals until this year.

“Congratulations to the Liberty on their first championship,” Minnesota coach Cheryl Reeve said. “It took them 28 years, congrats to them. We were that close to our fifth, it just didn’t happen.”

This is the first time since 2019 that the WNBA Finals have gone the distance. Since the league switched to a best-of-five format in 2005, seven other series have gone to a Game 5 and the home team had won five of those previous contests, including in 2019.

This series has been a fitting conclusion to a record-breaking season for the league. All five games came down to the last few possessions and have included two overtime games and a last-second shot, which have led to record ratings.

The first three games each had over a million viewers on average, with the audience growing for each contest. They also have had huge crowds in attendance.

Liberty fan Spike Lee was courtside over an hour before tipoff chatting with the media while wearing his Ionescu jersey. Once Ionescu finished warming up pregame, the pair had a brief exchange and hugged. Lee was part of a sellout crowd of 18,090 that helped this series set both the overall attendance record for a WNBA Finals as well as the average attendance mark.

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