A ban by landlords on tenants smoking or vaping marijuana in their apartments is an issue that’s bound to be decided in the courts, say two lawyers.
Last week a major Western Canadian property manager, Mainstreet Equity Corp., confirmed it will ban the indoor smoking of cigarettes and cannabis, plus vaping, starting this fall — even for medical marijuana users.
“I believe that there is going to be litigation over these issues and we’re going to get some court and certainly some human rights tribunals,” said Trina Fraser, an Ontario-based lawyer whose area of expertise is cannabis law.
“That is inevitable,” echoed Robert Noce, a condominium, municipal and real estate lawyer in Alberta.
Sask. laws changed
Late last year, the Saskatchewan government amended its residential tenancy laws so that landlords can specifically ban the use, possession or growth of cannabis inside apartments, as long as the ban is “reasonable.”
But exactly how accommodating landlords have to be, particularly with medical marijuana users, is left unsaid and therefore open to interpretation, said Fraser.