Through our work assisting both tenants and landlords on the issue of second-hand smoke, we have built up a modest collection of case law from the Ontario Landlord and Tenant Board. These cases are divided into three groups:
- Landlord applications (to enforce a no-smoking policy);
- Landlord applications (without a no-smoking policy in place); and
- Tenant applications (seeking relief from second-hand smoke).
Some cases don’t fit neatly into a category, as it is possible for a landlord and tenant to file multiple applications against each another, which are bundled together and adjudicated at once.
Smoking, Second-Hand Smoke and the Landlord and Tenant Board: Observations from 2010 – 2014 This resource is a review and analysis of cases regarding smoke and second-hand smoke at the Landlord and Tenant Board.
The Landlord and Tenant Board posts selected decisions online. You can try searching their site for more decisions involving second-hand smoke–try using keywords such as “smoking” and “smoke”.