Camera in Common Areas (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-04
CLNP Page ID:	1800
Page Categories:	[Interference of Reasonable Enjoyment (LTB)]
Citation:	Camera in Common Areas (RTA), CLNP 1800, <4g>, retrieved on 2024-05-04
Editor:	Sharvey
Last Updated:	2021/11/09

TSL-71705-16-IN-AM (Re), 2016 CanLII 79649 (ON LTB)

8. The question that I must answer is: does the presence of a camera in a common area directed at an entry door offend a tenant’s privacy and quiet enjoyment? In other words, since tenants’ privacy inside the rental property is a well-recognized right, does the Act guarantee a similar right in the public area of a residential complex?

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17. In the case before me the recording equipment is not only outside of the apartment but was installed there to protect the owner’s safety. Soon afterwards that safety was allegedly violated and the future criminal proceeding may well depend on a recording being available.

18. The camera that the Landlord installed in the public area of his small building is not hidden but well visible, recordings are not made surreptitiously and its purpose is known. Although the Tenants might not feel so, they benefit from its presence as this Landlord, as any other, is responsible for their safety and security.

19. To the question posed in paragraph 8 above, the answer is in the negative.