Sandra-Ann Fowler, the tenant who took her landlord to the Régie du logement over her right to smoke in her apartment (and therefore subject her landlord’s family to traces of second-hand smoke) has won her case.
CTV’s Brian Britt calls it a “victory for smokers’ rights advocates”, and a spokesperson for a smokers’ rights group seems to back him up.
Unfortunately, this simply isn’t true. The ruling stated that because a ban on smoking was not in the lease, Fowler has the right to smoke, even though the application form said smokers were not allowed.
In fact, the ruling apparently suggested that bans on smoking are in fact legal if they are in the lease.
I’d hardly call that a victory. She got off on a technicality, that’s all.