A landlord is not directly responsible for the conduct of its tenants. Unlike an employer, which has deemed control over a working environment, a landlord does not have supervisory control over its tenants: Emard v. Synala Housing Co-operative (1993), 26 CHRRD/106 at para. 82. This distinguishes the landlord-tenant relationship from the employer-employee relationship for the purposes of human rights law. In particular, whereas employers are liable for discriminatory conduct by their employees in the course of their employment regardless of whether they were aware of it or condoned it, landlords are not liable for the conduct of their tenants except in limited circumstances: Emard at paras. 82, 83.
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