Smoking on a Balcony (LTB)

TNL-93315-17 (Re), 2017 CanLII 60809 (ON LTB)

1. On the morning of June 20, 2016, a fire occurred on the balcony of the rental unit, which is located in a high rise multi-unit building. (‘TFS’) attended and the fire was contained to the balcony and extinguished.

2. An Emergency Incident Report (the ‘Report’) from TFS was filed as evidence at the hearing. The Report indicates that the possible cause of the fire was improperly discarded smoker’s articles, such as lit cigarettes. The report also indicates that members of the TFS spoke with JSK, an occupant of the unit, about events leading up to the fire and states that “the cause may be smoking and butts extinguished in planters with peat moss.

3. EH, one of the Landlord’s property managers attended the fire scene after the fire was extinguished and spoke to JSK, who told him that she had been smoking on the balcony on the morning of the fire, and that she sometimes throws cigarette butts over the balcony, and sometimes she does not.

4. Although the Tenants do not admit that the cause of the fire was careless smoking and discarding of cigarette butts, JSK does not dispute that she was smoking on the balcony prior to the fire and confirms that she made the statements reflected in the Report and reported by EH. There was no evidence suggesting any other cause of the fire.

5. On the evidence before me, I find on a balance of probabilities that an occupant of the rental unit has wilfully or negligently caused undue damage to the rental unit by careless smoking and disposal of cigarette butts resulting in a fire on the balcony of the rental unit.