Gagnon v Ouellette Asset Management Corp

Landlord wins · Kapuskasing · 2022-01-06

Adjudicator

Robert Patchett

Dispute

Substantial interference

Landlord

K.T., Ouellette Asset Management Corp, T.E.O.M.T.

Tenant

E.G.

Landlord rep

Pierre Brunelle, Doreen Trudel

What happened

Tenant applied for an order determining that the Landlords or the Landlords' superintendent substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household. Specifically, the Tenant alleged that the Landlords withheld information regarding the extent of smoking in the residential complex and failed to address the Tenant's complaints regarding smoking.

The ruling

The Tenant's application is dismissed. The Landlords have taken reasonable steps to curtail smoking in the residential complex in order to accommodate the Tenant's medical conditions that are impacted by second-hand smoke. The Landlords have not interfered with the reasonable enjoyment of the rental unit and have taken reasonable steps to address the Tenant's complaints.