Last updated: November 3, 2024
Ordered by Paul Sommerville,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$53
to Tenant
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Citation: McKenzie v Nelson, 2024 ONLTB 1728
File Number: LTB-T-075628-22
Application Date
Oct 2022
Hearing Date
Oct 2023
Order Date
Jan 25, 2024
The Landlord must monitor the second-hand smoke situation in the Tenant's rental unit and continue reasonable efforts to address it, including exploration of, and possible provision of, a portable device to mitigate the effect of the second-hand smoke. The Landlord shall pay the Tenant the costs of the application ($53.00) by February 9, 2024.
The Tenant complained about second-hand smoke entering his rental unit from an adjoining unit. The Landlord has made efforts to address the issue, but they have not been fully successful. The Tenant has not provided medical evidence to support the health impacts he claims to have experienced.
Landlord has attempted to mitigate the problem in a number of ways, including applying foam between the walls, cleaning the common ventilation vent, and using portable ventilation equipment in the Tenant's rental unit.
Tenant has been experiencing continuous second-hand smoke issue in his rental unit since October 2020.
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Application Fee
$53
Ordered Amount
$53 (to Tenant)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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