Furniss v Plan Capital Developments Ltd.
Landlord wins · Oshawa · 2025-05-01
- Adjudicator
- Kyle McGraw
- Dispute
- Substantial Interference
- Notice
- Tenant rights (T2)
- Landlord
- Plan Capital Developments Ltd.
- Tenant
- D.F.
- Landlord rep
- Alison Deane
What happened
The Tenant filed an application alleging substantial interference with her reasonable enjoyment due to cigarette smoke entering her unit. The Tenant provided email complaints and data from a personal air quality meter. The Landlord demonstrated multiple attempts to resolve the issue, including sending building-wide notices, investigating, and installing smoke seals on the Tenant's door. The Tenant ceased communication about the issue and refused an in-unit inspection. The Board found the Landlord's actions were reasonable and dismissed the Tenant's application.
The ruling
The Tenant's application is dismissed. The Board found that the Landlord did not substantially interfere with the Tenant's reasonable enjoyment because the Landlord took prompt and reasonable steps to address the Tenant's complaints about cigarette smoke. The tenancy ended by mutual agreement prior to the hearing, but the application for remedy was not granted.