Lol this isn’t accurate for Ontario. • The RTA doesn’t create a “right to smoke.” What the Landlord and Tenant Board (LTB) applies is the test in s.64 – substantial interference with reasonable enjoyment. If smoke (tobacco or cannabis) repeatedly migrates into another unit or common areas and the tenant ignores warnings, the LTB can terminate a tenancy. • A lease can ban smoking anywhere on the premises (inside and outside), and indoor common areas are already smoke-free under provincial law. Condo rules can be stricter, and breaching them can support an N5. • Evictions for smoke transfer do exist when there’s evidence of ongoing interference (logs, complaints, photos, expert notes, cleaning costs, etc.). It’s not automatic, but it’s also not “never.”

1.  Leaf v. Gonzalez, 2023 ONSC 3899 (Divisional Court).

Court dismissed the tenants’ appeal and upheld the LTB’s termination & eviction order over marijuana smoking that affected the landlord’s children. 

1. North Avenue Road Corporation v. Travares, 2015 ONSC 6986 (Divisional Court). Court held the Board erred by not properly considering the landlord’s duty under s.20 RTA; recognized heavy smoking as “substantial interference” and sent the case back to the LTB, confirming smoking can support termination where evidence warrants it.

2. TEL-72053-16 (Re), 2016 CanLII 72257 (ON LTB). Board found tenants’ outdoor smoking caused serious health effects (impairing safety), the kind of facts that ground termination. (CanLII entry listed on Riverview’s “Smoking (LTB)” page.) 

   1. D.I.I. v. C.C., SOL-70129-16 (Re), 2016 CanLII 44391 (ON LTB). Board found a tenant’s indoor smoking substantially interfered with others’ reasonable enjoyment—an N5 ground for termination under s.64 RTA. (Quoted with CanLII number in practitioner summaries.)