Last updated: July 22, 2024
Ordered by Douglas Wilkins,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Citation: Sanson v Pullyblank, 2022 CanLII 94589 (ON LTB)
File Number: SOL-21457-21
Hearing Date
Sep 2021
Order Date
Feb 8, 2022
The Landlord's application for eviction was dismissed. The Board found it premature to terminate the tenancy or provide conditional relief from eviction until the parties have had an opportunity to explore potential solutions to address the smoking issue.
Landlords applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment or lawful right, privilege or interest of the Landlords or another tenant. The issue centered around smoking in the rental unit, which was disturbing other tenants in the residential complex.
Landlord argued that the Tenant's smoking substantially interfered with the reasonable enjoyment of the residential complex by other tenants.
Landlord served two N5 notices to the Tenant due to complaints about cigarette smoke from other tenants in the residential complex.
Landlord did not take active steps to address the smoking issue before seeking eviction, such as blocking air vents, sealing baseboards, or installing larger fans.
Tenant argued that the Landlord is required to accommodate the cultural practice of 'smoking' or smudging, citing the Ontario Human Rights Commission's Policy on Preventing Discrimination Based on Creed.
Tenant admitted to allowing smoking in the rental unit, claiming it was permitted at the outset of her tenancy. Tenant initially claimed the smoke was from ceremonial tobacco use but later evidence contradicted this claim.
Need assistance from an expert?
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.