O'Hara v Artscape Nonprofit Homes Inc. (ANPHI)

Landlord wins · Toronto · 2025-09-03

Adjudicator

Greg Witt

Dispute

Illegal Act, Maintenance, Tenant Rights

Notice

Tenant rights (T2), Maintenance (T6)

Amount

<$5K

Landlord

Artscape Nonprofit Homes Inc. (ANPHI)

Tenant

A.O.

What happened

The Tenant filed T2 and T6 applications alleging illegal entry, substantial interference with reasonable enjoyment due to second-hand smoke, harassment regarding subletting allegations, and maintenance failures related to ventilation and building security. The Tenant specifically complained about cigarette and cannabis smoke entering her unit from a neighboring floor and the loss of personal property (e-bike and package) due to alleged security lapses. The Landlord did not attend the hearing.

The ruling

The Landlord was found to have illegally entered the rental unit on one occasion due to an invalid notice. All other claims by the Tenant, including substantial interference due to smoke, harassment, and maintenance failures, were dismissed. The Landlord is ordered to refrain from illegal entries and must reimburse the Tenant's $48.00 application filing fee, which the Tenant may deduct from the October 2025 rent.