In what circumstances will a court accept Health Canada’s opinion that there is no known safe level of exposure to cigarette smoke?
Saskatchewan, Canada
The following excerpt is from Y.A., Y.E., S.A. & B.A. v Regina Housing Authority, 2017 SKORT 75 (CanLII):
In Feaver v. Davidson, 2003 CarswellOnt 4189, [2003] O.H.R.T.D. No. 103, a landlord brought a complaint against her smoking tenant. The landlord testified that the effects of the smoking left her with headaches and sinus congestion, and in addition, there was the smell of smoke in the home and on clothing, as well as residue and toxins left on the windows, walls and curtains. The tribunal accepted the Health Canada’s opinion that “[i]ncreasing ventilation will dilute the smoke in a room, but will not make it safe since there is no known safe level of exposure to the carcinogens in cigarette smoke” and that “[e]lectronic air cleaning systems would need to increase the air-exchange rate a thousand fold to be effective—resulting in gale force winds!” (para. 29-30)
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