Quote Originally Posted by zeocolloid
I am in Ontario and previously admitted that I was smoking pot (they caught me) and then discussed with the landlord that I wouldnâ??t do it on the property to which he didnâ??t seem to have any problem. Afterwards the other tenants began to complain that the hallway smelled threatened to leave (break their lease) which led to the landlord issuing me this form. The form clearly states that I was no longer using drugs on the premise thereby establishing this on record.
The real argument here is whether I have â??substantially: interfering with reasonable enjoyment and if smoking off the property would even be in the jurisdiction of the board. I honestly think that if I would win a hearing but would prefer to explain to the landlord why he has no case in order to save me the trouble.
I also want to make sure that if the landlord or upstairs tenants come and talk to me again that I handle it in the best possible way. I was thinking that I would just spray myself with a lot of axe before coming in the door so that they canâ??t smell it and so I can deny I have done anything.
Its possible, that another tenant is (has started) smoking weed, and you are trying to fix the problem of someone else.

Landlord's issue eviction notices all the time, hoping that tenant's just move out and not stand up for their rights. It's not Transglobe is it? They are the worst landlord in Ontario.

What's on the paper doesnt mean, that is what happened. Again, you could explain you said this or that for convenience when dealing with the situation later.

Either way you want to get the situation under control, and that won't happen until you get the neighbours to stop bitching. Whatever they verbally tell you, I would show up on your hearing date, regardless what is agreed to.

Just for background. Ive won 3 tribunals. 2 of them were landlord and tenant.

The core of the argument is, does any of the following be used as reasonable enjoyment:

a) can you be kicked out for the times you had been smoking in the building even though you came to a verbal agreement with landlord, in which the landlord "forgave" the offence
b) can you be kicked out for smoking off the property and it blew to their windows
c) can you (or anyone) be kicked out if someone had a guest whose jacket was heavy with cigarette smoke, and walked through the hallways, which offended another tenant (Im thinking no)

I would talk to the landlord though, but not tell them what you are planning on doing. Have a friendly talk, gather information. Just let them know you are planning on staying, and you doubt that they are going to win this case.

I would make a motion to dismiss as soon as it starts, as well as, Id move for adjournment (actually Id move for dismissal -- they will try to get it adjuorn, but I would fight it) if the tenant that is claiming you are interfering with their reasonable enjoyment, does not show up. Before you even start to defend yourself, Id force them to make a claim first in the session. If you defend yourself against the broad claim, they can adjust their attack, but if you make them spell out the specifics, they cant backtrack later.

Either way, the tribunal is a good experience. You can go to the Canadian Legal Library (CanLII), and select Ontario. This will allow you to find case law, and precedents for your situation. Whenever you make a claim, you then refer to the case law, of that situation. The tribunals are bound to follow the legal precedents that are set by the courts. You will argue why your situation is the same as the case law cited, while the landlord or their representative, will argue how your situation does not apply in the current instance.