C.H.P.L v W.W

Split/Other wins · 2018-11-26

Dispute

Substantial Interference

Notice

N5

Amount

<$5K

Landlord

C.

Tenant

W.

Landlord rep

R.M, L.C

Tenant rep

Audry Huntley

What happened

Landlord alleged tenant substantially interfered with reasonable enjoyment of the rental complex due to cigarette smoke emanating from tenant's unit. Tenant asserted aboriginal right to engage in smudging ceremony in her unit.

The ruling

Landlord's application for eviction is denied on the condition that tenant ceases smoking in the unit for 12 months. If tenant fails to comply, landlord may apply for termination of tenancy.