We suggest that the tenant who is affected should keep a log of all the dates and times that the smoke smell is bothering him or her, and to ask someone else to be a witness. This will be helpful if they ask you to serve the offending tenant notice for interfering with the affected tenant’s enjoyment.

In the meantime you should treat it more as a problem that may require you serving an N5 notice for interference with enjoyment, rather than on the possible illegal activity of the other tenant smoking a controlled substance. When it comes to considering eviction, the Landlord and Tenant Board may be sympathetic, but they tend to focus more on the ongoing annoyance and interference factor than on the illegality side of smoking marijuana.

The N5 form is here: https://tribunalsontario.ca/ltb/forms/

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