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 (previously known as the Ontario Rental Housing Tribunal). These cases are divided into three groups:
- Landlord applications (without a no-smoking policy in place);
- Landlord applications (to enforce a no-smoking policy); 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.
Although more challenging to find in the recent past, in 2009 the Landlord and Tenant Board began posting selected decisions online. You can try searching their site for more decisions involving second-hand smoke–try using keywords such as “reasonable enjoyment” or “damage.”